Last Updated on September 6, 2025 by Beltz Law Group
Understanding “Changing Lanes When Unsafe” in Texas: What the Law Says and How to Defend Your Ticket
Traffic Ticket Defense Texas
The traffic offense often referred to as “changing lanes when unsafe” is a serious moving violation in Texas. It falls under the broader category of “Driving on Roadway Laned for Traffic” and can have significant repercussions, particularly for individuals holding a Commercial Driver’s License (CDL). If you’ve received a ticket for changing lanes unsafely in Texas and want to discuss your case with an experienced traffic ticket attorney, contact our office today at 214-321-4105.
The Law: Texas Transportation Code Section 545.060
The relevant statute governing lane changes in Texas is Texas Transportation Code Section 545.060 – Driving on Roadway Laned for Traffic. This law outlines the fundamental rules for drivers on multi-lane roadways:
(a) An operator on a roadway divided into two or more clearly marked lanes for traffic: (1) shall drive as nearly as practical entirely within a single lane; and (2) may not move from the lane unless that movement can be made safely.
What this means:
- Stay in Your Lane: Drivers are expected to maintain their vehicle entirely within a single marked lane as much as reasonably possible. Weaving across lanes without reason or straddling a lane line can be a violation of this subsection.
- Safety First: The most critical part of this section is that any lane change must be made safely. This is where the subjective nature of the offense often comes into play. An unsafe lane change implies that the movement created a risk of collision or forced other drivers to take evasive action (e.g., brake suddenly, swerve).
(b) If a roadway is divided into three lanes and provides for two-way movement of traffic, an operator on the roadway may not drive in the center lane except: (1) if passing another vehicle and the center lane is clear of traffic within a safe distance; (2) in preparing to make a left turn; or (3) where the center lane is designated by an official traffic-control device for movement in the direction in which the operator is moving.
What this means:
-
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This subsection specifically addresses roadways with a center lane that serves two-way traffic (often seen as a shared left-turn lane or sometimes a reversible lane).
- Drivers are generally prohibited from continuously driving in such a center lane. It’s primarily for passing (when safe and clear), preparing for a left turn, or when directed by signage.
(c) Without regard to the center of the roadway, an official traffic-control device may be erected directing slow-moving traffic to use a designated lane or designating lanes to be used by traffic moving in a particular direction.
What this means:
- This allows traffic authorities to use signs and markings to manage traffic flow, such as “Slower Traffic Keep Right” or designating lanes for specific movements (e.g., “Left Turn Lane Only”). Drivers must obey these devices.
(d) Official traffic-control devices prohibiting the changing of lanes on sections of roadway may be installed.
What this means:
- This refers to “No Lane Change” signs or solid white lines that indicate where lane changes are prohibited for safety reasons (e.g., near intersections, tunnels, or bridges). Crossing a solid white line to change lanes is typically a violation.
What Constitutes an “Unsafe” Lane Change?
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The term “safely” in the statute is often open to interpretation, which is why these tickets can be challenged. An officer’s determination of an “unsafe” lane change might be based on observations such as:
- Failure to Signal: Not using your turn signal for at least 100 feet before changing lanes. While not explicitly stated in 545.060, other parts of the Transportation Code require proper signaling (e.g., 545.104), and an absence of a signal is often a key factor in an “unsafe” determination.
- Insufficient Space: Moving into a lane where there isn’t enough room to maneuver without cutting off another vehicle, forcing them to brake or swerve.
- Cutting Off Another Vehicle: Changing lanes too close in front of another vehicle.
- Sideswiping: Colliding with a vehicle already occupying the lane you’re attempting to enter.
- Changing Multiple Lanes at Once: Rapidly crossing two or more lanes without careful regard for traffic.
- Changing Lanes in an Intersection: While not always explicitly illegal, changing lanes within an intersection can often be deemed unsafe due to increased traffic complexity and blind spots.
- Failure to Check Blind Spots: Not adequately checking mirrors and blind spots before initiating the lane change.
Penalties for an Unsafe Lane Change Ticket
An unsafe lane change violation is generally a Class C misdemeanor in Texas. The typical penalties include:
- Fine: Up to $200 (though court costs will add to this amount).
- Increased Insurance Premiums: Insurance companies often view moving violations like unsafe lane changes as indicators of higher risk, leading to increased rates.
- Damage to Your Driving Record: Too many traffic convictions can cause the suspension of your driving privileges.
Special Impact on Commercial Driver’s Licenses (CDLs)
For individuals holding a Commercial Driver’s License (CDL) or Commercial Learner’s Permit (CLP), an unsafe lane change ticket is considered a serious traffic violation under federal regulations. The consequences are much more severe than for a standard driver’s license:
- Disqualification Periods:
- Two “Serious Traffic Violations” within three years: Leads to a 60-day CDL disqualification.
- Three or more “Serious Traffic Violations” within three years: Leads to a 120-day CDL disqualification.
- An “Improper or Erratic Lane Change” is explicitly listed as a “serious traffic offense” by the Federal Motor Carrier Safety Administration (FMCSA).
- No Deferred Disposition/Driving Safety Course for CDL Holders: Unlike non-CDL drivers, CDL holders in Texas are generally not eligible to take a defensive driving course or receive deferred disposition to keep the violation off their driving record, even if the ticket was issued in a personal vehicle. Any conviction will appear on their driving record.
- Employment Implications: A CDL disqualification or even a single serious traffic violation can jeopardize current employment and future job opportunities in the trucking and transportation industry. Employers often have strict clean-record policies due to insurance costs and safety concerns.
Defending Against an Unsafe Lane Change Ticket
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Given the potential impact, especially for CDL holders, it’s highly advisable to fight an unsafe lane change ticket. Defenses can include:
- Challenging Officer’s Observation/Subjectivity: Since “safety” is subjective, your attorney can question the officer’s perspective. Was the officer in a position to accurately judge the safety of the maneuver? Were there other factors (weather, road conditions, actions of other drivers) that made the maneuver appear unsafe but were not your fault?
- Lack of Evidence: Arguing that the prosecution lacks sufficient evidence to prove the lane change was unsafe.
- Necessity/Emergency: If the lane change was necessary to avoid an immediate hazard or accident (e.g., swerving to avoid a stalled vehicle or debris).
- Fault of Another Driver: If another driver’s reckless or negligent actions contributed to the perceived unsafety of your lane change.
- Mistake of Fact: If, for example, a road sign or lane marking was obscured, leading to a misunderstanding of the lane rules.
- Negotiation for Dismissal or Lesser Charge: For non-CDL holders, your attorney can often negotiate with the prosecutor for a dismissal, deferred disposition, or a reduction to a non-moving violation (e.g., “Failure to Maintain Financial Responsibility” if you had insurance, which carries no points). For CDL holders, while deferred disposition isn’t an option, a lawyer can still fight for a dismissal to prevent the conviction from appearing on your record.
How The Beltz Law Group Can Help
An unsafe lane change ticket, while seemingly minor, can have lasting negative effects on your driving record, insurance rates, and especially your livelihood if you hold a CDL. The experienced traffic ticket attorneys at The Beltz Law Group understand the nuances of Texas traffic law and can provide a strong defense. We can:
- Analyze Your Case: Review the specific details of your citation and the circumstances surrounding it.
- Identify Defenses: Determine the most effective legal strategies based on the facts.
- Represent You in Court: Appear on your behalf, often saving you time and stress, and argue your case to the judge or prosecutor.
- Negotiate Outcomes: Work to achieve a dismissal, deferred disposition (where applicable), or a reduction in the charge to minimize its impact.
Don’t simply pay the ticket and accept the consequences. Contact The Beltz Law Group today at 214-321-4105 to discuss your unsafe lane change ticket and explore your options.
