By: Beltz Law Firm
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Dallas Ticket Attorney Discusses Failure to Maintain a Single Lane Traffic Ticket
Failure to Maintain a Single Lane Traffic Ticket
Many police officers use certain provisions of the Texas Transportation Code to justify pulling someone over illegally. For example, if you are out after midnight, a typical reason for an officer to pull you over is failing to maintain a single lane. The problem with this violation is that everybody fails to maintain a single lane. It is virtually impossible to drive any length without touching the lines on either side of a lane. So the question becomes, is it legal for a police officer to issue a traffic ticket for simply failing to maintain a single lane?
THE CASE LAW:
Case law suggests that the failure must also be dangerous to other drivers. Failing to maintain a lane alone is not enough to rise to the level of a traffic violation — Hernandez. 983 sw2d 867 (austin 1998) is a case on point. Lot of progeny. Failure to maintain a single lane is not traffic offense unless there is dangerous. “Driving is, in and of itself, a controlled weaving. “The history of the relevant statutory provision seems to indicate that, with respect to a vehicle’s straying over a lane marker, a traffic violation occurs only when the vehicle’s movement is in some way unsafe.”
If you have been issued a traffic ticket for failing to maintain a single lane in Dallas or any of the surrounding communities, call a legal professional to discuss your options.