One of the most complained about violations for truckers is a VC 22348(c),
commonly referred to as an “out-of-lane” violation. Truckers
oftentimes feel that in their particular situation the action they took
to move into the lane was the safest thing they could have done at that
time and that a citation is unreasonable.
Here is the text of Vehicle Code 22348(c):
A vehicle subject to Section 22406 shall be driven in a lane designated
pursuant to Section 21655, or if a lane has not been so designated, in
the right-hand lane for traffic or as close as practicable to the right-hand
edge or curb. When overtaking and passing another vehicle proceeding in
the same direction, the driver shall use either the designated lane, the
lane to the immediate left of the right-hand lane, or the right-hand lane
for traffic as permitted under this code. If, however, specific lane or
lanes have not been designated on a divided highway having four or more
clearly marked lanes for traffic in one direction, a vehicle may also
be driven in the lane to the immediate left of the right-hand lane, unless
otherwise prohibited under this code. This subdivision does not apply
to a driver who is preparing for a left- or right-hand turn or who is
in the process of entering into or exiting from a highway or to a driver
who is required necessarily to drive in a lane other than the right-hand
lane to continue on his or her intended route.
A common scenario occurs on the Grapevine on I-5 near the Kern County and
Los Angeles line. There are four lanes of traffic with the two right hand
lanes legal for big rigs to use. Often, while traveling up the hill, a
truck going 30mph in the far right lane abruptly moves into the next lane
to overtake a fully loaded truck with its emergency flashers on, going
20mph. The third truck, our driver, is running empty at 55mph and is forced
to go into the third lane from the right in order to avoid a collision.
The California Highway Patrol writes him a ticket that is sent to the
Lamont courthouse for processing.
Class A drivers are held to an incredibly high standard that often does
not seem reasonable. As a Class A driver, you need a traffic ticket lawyer
who knows what needs to be done to help you fight your ticket and keep
the 1.5 points off your record.
Getting Legal Help
The aggressive lawyers at Bigger & Harman, APC, are committed to giving
individuals a voice when dealing with speeding and traffic tickets. Call
today at 661-859-1177 or email
firstname.lastname@example.org to receive the personal professional attention you deserve. En español,
llame al 661-376-0214.