Improper Lane Use
An improper lane use ticket is one of the most common traffic tickets that a driver can receive. An improper use lane ticket is considered a moving violation, and this ticket can result in points against your driving record. Illinois law mandates the rules that drivers should follow when driving in roadways that have been divided with two or more marked lanes.
The law states that if you are driving in a road with two or more lanes, then you must drive within your lane (nearly as practical), and you shall not move from your lane to another lane unless you make the determination that the movement can be made with safety. As you can imagine, “nearly as practical” can mean a lot of things and is a pretty broad explanation. Failure to abide by this provision of the statute can result in a improper use of lane ticket. A lot of drivers receive an improper lane usage citation for weaving through lanes.
You can also be cited with improper lane use if you are driving in a road with 3 lanes allowing for two-way movement of traffic. If you are driving in a road with 3 lanes that allows two-way movement of traffic, you can use the center lane to pass or overtake other vehicles as long as it is clear of traffic. But the vehicle that you are overtaking or passing must be driving in the same direction as you. You can also use the center lane if you are making a left turn or if it is to be used (as designated by a traffic control device) exclusively to traffic moving in the same direction as you. Failure to use the center lane in any of these circumstances can result in an improper lane use violation.
The Department of Transportation can direct you as to which lane to use by signs and failure to abide by those mandates can result in an improper use of lane traffic ticket. Furthermore, traffic control devices can be installed to prohibited drivers to changing lanes on sections of the roadways.
This type of ticket is a common basis for a DUI stop. Once an officer sees a driver weaving through lanes, that will allow for a basis for a stop. That is why when one is charged with a DUI, the accompanying ticket will often be an improper lane use citation.
An improper lane use ticket is not a misdemeanor. It is a petty traffic ticket with a maximum fine of $1,000.00 but you will most likely not be assessed the maximum fine. However, it will count as points towards your driving record and can raise your insurance rates should you be in violation of this offense. A driver may be able to obtain court supervision for this offense and avoid a conviction and the points assessed against the driving record. In order to get court supervision, you would have to plead guilty to this offense. In most situations, this will not be a problem. But, if you received this ticket after a car accident with another driver, an admission of guilt can come back to haunt you in a subsequent civil action if one was to be filed against you relating to the accident.
However, just like all traffic tickets, you may have defenses to your improper use of lane traffic ticket. The following are some defenses that you may be able to raise in court:
1. You can argue that you were driving in lanes that were not “clearly marked” and there is no way you can be cited for failure to comply with the improper lane use statute.
2. If an emergency vehicle such as an ambulance or police car was approaching with sirens and you yield, then you cannot be charged with this citation and can raise this fact in your defense.
3. The traffic signs that were dictating you to use a certain lane may have not been visible or could be hard to see rendering the signs difficult to follow.
4. You were driving in a construction zone that forced you to shift lanes by way of signs presented by the Department.
5. You had a valid reason to exit your lane.
Defenses to an improper lane use will have the traffic ticket dismissed. In situations where a driver was arrested for a DUI due to an alleged improper lane use offense, a defense to the improper lane use will be essential to prevailing against a DUI charge.
If you received an improper lane use ticket, contact us to have an experienced traffic ticket lawyer so you can avoid a conviction. You may have a valid defense that you did not know about. With the right defense, we can try the case in court and cross examine the prosecution’s witnesses and present your side of the story to the judge.