DUI Changing Lanes Without Signaling

14 January 2014

Any time you are arrested for driving under the influence, the cop must have witnessed you violate some vehicle code violation.  If the officer cannot show that a traffic violation has been committed, the initial stop is not justified and your DUI arrest could be dismissed for lack of probable cause.

There are many reasons why you can be stopped.  Any vehicle violation will allow the officer to pull you over, which can lead to a DUI arrest if symptoms of drinking are present.

A common reason for a stop is that the officer alleges you changed lanes without signaling.

California Vehicle Code 22107 states:

No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement.

What this law says is that a signal is required if your lane change would affect another vehicle’s movement.  If there are no vehicle directly behind you or on the lane you are turning into, you do not have to signal.

If it can be shown that no vehicle movement was affected by your lane change, the officer cannot show he had probable cause to pull you over in the first place.  Since there was no probable cause, any evidence obtained against you shall be deemed illegal and inadmissible in court.  This will result in your DUI case being dismissed.

Call the Law Offices of Nam Q. Doan | OC Legal Defense today at (714)248-DOAN(3626) if you were arrested for a DUI.  There are many ways to get your case dismissed.  For more information, read the DUI section.

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