Improper Lane Change (TA Section 21‑309)
Improper lane change is a staple Maryland traffic citation that frequently accompanies stops for speeding, following too closely, or “failure to obey” signs. The charge can carry points and insurance risk—but it is often based on split‑second observations, unclear lane markings, or traffic compression that make the allegation contestable.
The statute and lane‑use rules
Transportation Article Section 21‑309 generally requires a driver to stay within a single lane and not move from that lane until the driver has first ascertained that the movement can be made safely. The statute works alongside rules for signaling, passing, lane‑use control, and markings. In other words, the law penalizes unsafe or abrupt moves—not every minor correction in dense traffic.
What the State needs to show
Most cases turn on the officer’s vantage, how long the officer observed your vehicle, and whether another lane user was affected. Typical elements include:
- Drifting over lane markings or crossing a solid line
- Failing to ensure the adjacent lane was clear before moving
- Causing another vehicle to brake or swerve
We test whether the markings were visible and applicable to your lane, whether compression or merging explains a brief encroachment, and whether any other driver actually needed to take evasive action.
Points and penalties
Improper lane change is a moving violation and can carry points under Maryland’s points framework. Our goal is to avoid points through dismissal, a reduction to a lesser/no‑point offense, or PBJ. Because lane‑change tickets often ride with other charges (e.g., following too closely, failure to signal), we also target a package resolution that keeps your record clean overall.
Defense themes that work
- Visibility and markings
- Faded paint, construction resurfacing, or glare can distort lane boundaries. Photographs and video often show that the lane line was unclear or that the movement stayed within the lane.
- Compression and merging
- When traffic slows, gaps collapse briefly and then reopen. A momentary overlap while merging or avoiding debris can be consistent with a safe, prudent maneuver.
- Signaling and timing
- If you signaled and checked mirrors/blind spots, and there was no need for evasive action by others, the movement was reasonable under TA Section 21‑309.
- Officer viewpoint and duration
- A short, oblique view from behind another vehicle can misread a small correction as a lane change. Body‑cam or dash‑cam can settle the question.
What to do after the ticket
- Don’t pay online—paying accepts points. Request a trial date.
- Take photos or brief video of lane markings and the precise area of the movement.
- If construction was present, note dates, resurfacing, and any temporary lines or cones.
- Bring record‑cleanliness and need‑based documentation as a PBJ back‑up.
Court strategy and outcomes
When the observation is weak or markings unclear, we try the case with targeted visuals. If mitigation is the better path, we press for a negotiated result that removes points and minimizes insurance impact.
For a broader overview of avoiding points on Maryland traffic tickets, see our Traffic Lawyers page.