VC 21658 – Unsafe Lane Weaving and Lane Straddling

VC 21658 - Unsafe Lane Weaving and Lane Straddling

Unsafe Lane Weaving and Lane Straddling – Table of Contents

VC 21658 – Overview

What is the definition of unsafe lane weaving and lane straddling as defined under California Vehicle Code 21658?

It is unlawful for a driver operating a vehicle on a highway or roadway that has been divided into two or more marked lanes of traffic that flow in one direction to: (1) not clearly drive in a single lane; (2) and if cannot clearly drive in a single lane to change lanes with reasonable prudence and safety, to do the same; or (3) Any driver operating a vehicle in slow moving traffic must adhere to the official signs, and traffic devices that are placed directing the flow of traffic and instructing the designated use of operating vehicles in the lanes.

VC 21658 – Prosecuting

What are the definitions of official signs and traffic devices as defined under California Vehicle Code 21685?

The Department of Transportation (DOT) is the agency responsible for the placement of official signs and traffic devices on all highways and roadways operated by vehicles licensed by the DOT. The DOT must get the consent of local authorities and guidance of local authorities when placing the official signs and traffic devices on any city street, county road. Without the DOT’s assistance local authorities have jurisdiction to do the same on local, municipal and county streets and roadways; the DOT or local authorities can place stop signs that require traffic on the highways to be mindful and: (1) to stop on crossings, cross section or railroads, and can do so by the maintenance of automatic signals and other control devices; (2) be aware that a child is deaf nearby; (3) prevent vehicles to turn in a designated portion of the street; (4) restriction lane usage; (5) establish cross walks; (6) establish the use of right of ways for public use in local roadways or highways; (7) create signage indicating speed limits, speed advisory, and milage signs or suitable plates near other signs that also indicate common standards of measure and distances for the orderly flow of traffic ; (8) be aware to stop at any intersection ; (9) be mindful of audible and visual aids indicating that pedestrians and bicyclist are encroaching ; (10) be mindful of speed restriction signs ; or limited speed adjustment signs for specified reasons ; (11) be aware of traffic control devices to indicate the flow of traffic on private or public roads ; (12) be mindful of signs pertaining to the conduct at cross walks in public places, government property and at schools ; as well as conduct of driver operations near public and private school properties.

What is the definition of a vehicle as described under California Vehicle Code 21658?

A vehicle is any device that enables a person or property to be moved or drawn on a highway. A vehicle is further defined as a device with a motor that is self-propelled, or a device with a motor or mechanism that can convert their own energy supply into power used for propulsion. A vehicle also includes: a motor home, travel trailer, truck camper, camping trailer- all of which is designated for human habitation, recreational, emergency or other occupancy.

What is not considered a vehicle as defined under California Vehicle Code 21658?

A motor vehicle, or self-propelled vehicle does not include a propelled or motorized wheelchair, a motorized tricycle, a motorized quadricycle, if the device is operated by a person who utilizes it due to a physical disability and cannot move about as a pedestrian.

What is considered speeding as defined under California Vehicle Code 21658?

Speeding is a conclusion based on engineer conclusions by design from patented machinery such as a radar gun. All radar guns must be approached by the California High Safety Patrol. All police officers or peace officers operating a radar gun must undergo 24 hours of POST training to acquire competency to utilize the radar gun. In terms of speeding or unsafe speeds; this determination must be specified by the officer in terms of speeding violations. The basic violation is California Vehicle Code 22350. Under California Vehicle 22350 the following fines must be allotted if there is a valid determination or conclusion that the driver sped at the date and time alleged: (1) 1-15 MPH over the base speed limit $238; (2) 16-25 MPH over the base speed limit $367; (3) 25+ MPH over the base speed limit $490.

How can I determine that an officer is operating a radar gun accurately to quantify my speed as a violation if being cited a violation of California Vehicle Code 21658?

To assess the competency of a peace officer’s assessment of a driver’s speed must be attained by course training. The California POST radar police certification course is required to be completed by all officers who operate a speed radar gun. The class is a 54-hour class with 24 classroom hours, and 30 hours of field or onsite training. Then after graduation from the course the peace officer must be certified in lidar enforcement in a subsequent 8-hour class. Lidar training is the training required for Light-Detection-and-Ranging; it is a measure to targe a vehicle’s speed using light energy generated by a laser device.

How can I be assured that the radar gun or laser gun utilized by an officer at the time of citing a violation of California Vehicle Code 21658 is functioning properly?

California Vehicle Code 40802(c)(1)(D) states that all radar and laser guns used to detect speeds, including any other electronic devices, which are operated by police officers to assess whether the speeds exceed the minimum standards of the National Traffic and Highway Safety Administrations, must be calibrated within the 3 years of any violation of California Vehicle Code 21755 by an approved State Calibration facility. Further, California Vehicle Codes 40802(c)(1)(D) and 40802(c)(1)(A) provide responsibilities to a citing peace officer: at the beginning and end of each shift the officer should perform tests on their devices by running a self-check and verify that all portions of the LCD screen are functioning, and the results are positive to ensure that the calibrations are correct. Again, these principals are required to be instructed to the citing police officer by the Commission of Peace Officer Standards and Training (POST) under California Vehicle Code 40802(c)(1)(A).

Is California Vehicle Code 21658 considered a moving violation?

Yes. California Vehicle Code 21755 is considered a moving violation and does qualify for a traffic safety school.

VC 21658 – Sentencing

What are the penalties for a violation of California Vehicle Code 21658?

A violation of California Vehicle Code 22755 is charged as an infraction or misdemeanor. California Vehicle Code 22755 can be reduced from a misdemeanor to an infraction as a wobblette. As an infraction the violation can qualify for traffic safety school under mitigating circumstances, to remove any moving violations from being maintained on your record. As a misdemeanor, the penalty of confinement will not exceed 6 months in county jail, with fines not exceeding $ 1000 dollars.

What are examples of violations of California Vehicle Code 21658?

  1. Omar is driving behind a slow-moving vehicle that is getting ready to turn left on a single-lane roadway with a 35 MPH speed limit. Omar does not want them to pass him so he stays in the middle of the road. A nearby police officer uses a radar gun to capture Omar’s speed at 45 MPH, pulls over Omar and issues a citation for an infraction.

VC 21658 – Defending

What are examples of defenses to a violation of California Vehicle Code 21658?

  1. Necessity to avoid a collision, for an emergency or to prevent further mechanical failure of the vehicle; or there was a road hazard or unsafe condition on the road.

VC 21658 – Hire a Lawyer

If you are charged with a violation of California Vehicle Code 21658, call The Esfandi Law Group, APLC. Contact Los Angeles criminal defense attorney Seppi Esfandi, principal attorney of The Esfandi Law Group, APLC.

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Lara S.
June 4, 2018
Seppi had my case reduced to just an infraction, and thanks to him I was able to keep my job. Jorge was extremely helpful too, the reason I went with this law firm. Overall pleased.

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