For many CDL holders, disputing an unsafe lane change citation with a skilled traffic attorney can mean the difference between protecting a career or facing serious FMCSA consequences.
We regularly speak with commercial drivers transporting cargo through Placer County on I-80, a busy east-west corridor, who are shocked to learn that what appears to be a simple traffic ticket may carry far more severe penalties for commercial drivers.
What is a minor infraction with a $238 fine in California, is a “serious offense” at the DOT FMCSA. A second paid fine within three years will lead to a 60-day driver disqualification across the country.
What Makes an Unsafe Lane Change Ticket a Possible Financial Disaster in Placer County
Many commercial drivers believe an unsafe lane change citation is a routine traffic ticket. Unfortunately, the FMCSA treats these convictions much more seriously.
Under CA Vehicle Code § 22107, drivers cannot move left or right on a roadway unless it can be done safely. CA Vehicle Code § 22108 also requires turn signals to be used continuously during the final 100 feet before turning or changing lanes when it will affect another vehicle on the roadway.
If there were no other traffic on the roadway, and you were ticketed, you might have a strong case for dismissal. Always ask a CDL traffic attorney about the specifics.
Traffic enforcement along I-80 in Placer County is especially common near Roseville and the Galleria Mall area. Heavy congestion often creates sudden braking and lane changes that attract CHP attention.
The Financial and Career Costs of a Conviction
Many CDL holders pay the fine quickly so they can get back on the road. However, paying a traffic ticket is the same as pleading guilty. What’s more, our legal services include defending your ticket without your presence in court.
As stated earlier, an unsafe lane change conviction is considered an FMCSA serious offense. A second conviction within three years may trigger a 60-day disqualification for commercial drivers.
The consequences may include:
- 1.5 DMV points on the driver’s PSP record.
- Increased CSA severity scores. The CSA now assigns one or two severity points. Two points are assigned for out-of-service (OOS) orders and serious or major offenses. All others are assigned one.
- A PSP record violation remains for three years.
- Higher fleet insurance premiums for your carrier or for independent operators.
- Reduced job opportunities for CDL holders because carriers are mandated to check potential drivers’ PSPs before hiring.
A clean PSP is a strong bargaining chip that can help drivers negotiate better pay and benefits.
Disputing an Unsafe Lane Change After a Traffic Stop
There are situations where commercial drivers must react quickly to avoid a collision.
A sudden lane change on I-80 in Placer County may happen because of debris, merging traffic, or a driver’s erratic behavior nearby. “Brake checking” has become a significant issue for commercial vehicles on America’s highways.
These facts should always be reviewed by a traffic lawyer before the driver decides to pay the fine. We often find that officer observations, traffic conditions, and dash cam footage give the judge a view of the truth.
A traffic attorney may review:
- Traffic flow conditions
- Visibility issues
- Road hazards
- Dash camera recordings
- Whether signaling was possible
Every unsafe lane change case depends heavily on the surrounding circumstances.
Why Commercial Drivers Should Consult a Traffic Attorney
Many novice CDL holders do not realize how damaging a paid fine can become over time. FMCSA penalties often extend far beyond the original fine amount.
Commercial drivers with previous serious offense convictions/paid fines are especially vulnerable to FMCSA driver disqualifications. Even one conviction within three years can impact future employment, pay, and benefits.
We understand how Placer County courts handle CDL traffic ticket cases. Our firm works to seek possible alternatives that may help avoid points. However, when a chance to get the ticket dismissed arises, we will request it from the court.
Consult Bigger & Harman About Disputing an Unsafe Lane Change Ticket
Commercial drivers cited on I-80 in Placer County should speak with a traffic attorney before paying the fine. A driver who acts too quickly may unintentionally damage their PSP record and future employment opportunities.
If you’re considering disputing an unsafe lane change ticket in Roseville Courthouse in Placer County, CA, call us at (661) 349-9300—859-1177 para Español.
Bigger & Harman regularly defends clients in Roseville Courthouse, call for a free consultation.
You can also email attorney@biggerharmanlaw.com or use our website's contact form for a free initial consultation.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: How much is the fine for an unsafe lane change in a CMV?
A: The fine is around $238 in Roseville, but because it is a “serious offense,” CDL holders also face FMCSA penalties, PSP scars, and increased fleet insurance costs. Typically, the primary focus of the fleet manager is to keep the fleet insurance at a minimum. Terminating a driver with a serious offense conviction just makes sense financially.
Q: Should commercial drivers consider disputing an unsafe lane change citation?
A: The easy answer is yes. However, every CDL holder with a ticket should consult a traffic attorney. Disputing an unsafe lane change may help commercial drivers avoid FMCSA reporting requirements and additional employment risks.
Q: Can a traffic attorney appear in court for the driver?
A: At Bigger & Harman, unless there is a compelling reason for their presence, we will negotiate with the court or appear on behalf of the driver in Placer County traffic court.
References:
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
CVC § 22107 & 22108, Turning and Stopping and Turning Signals.
The legalclarity.org article, Is Brake Checking Legal? Criminal and Civil Liability.