Marked lane violations are proscribed in Ohio Revised Code Section 4511.33. Under Section 4511.33(A), whenever any roadway is divided into two or more clearly marked lanes for traffic, or wherever within municipal corporations traffic is lawfully moving in two or more substantially continuous lines in the same direction, the following rules apply:
- A vehicle shall be driven, as nearly as is practicable, entirely within a single lane or line of traffic and shall not be moved from such lane or line until the driver has first ascertained that such movement can be made with safety.
- Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or when preparing for a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is posted with signs to give notice of such allocation.
- Official signs may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, or restricting the use of a particular lane to only buses during certain hours or during all hours, and drivers of vehicles must obey the directions of such signs.
- Official traffic control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles must obey the directions of every such device.
Penalty For A Marked Lane Violation
A marked lane violation ordinarily is a minor misdemeanor. The potential penalty for a minor misdemeanor traffic offense includes the imposition of a fine of up to $150, up to 30 hours of community service and court costs.
But if, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, then a marked lane violation is elevated to a fourth-degree misdemeanor. The potential penalty for a fourth-degree misdemeanor traffic infraction includes the imposition of a jail term of not more than 30 days, an additional or alternative community control sanction plus reimbursement for the cost of this sanction, a fine of up to $250 and court costs.
And if, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, then a marked lane violation is elevated to a third-degree misdemeanor. The penalty for a third-degree misdemeanor traffic infraction includes the potential imposition of a jail term of not more than 60 days, an additional or alternative community control sanction plus reimbursement for the cost of this sanction, a fine of up to $500 and court costs.
Community control sanctions generally can include residential placement, house arrest, drug/alcohol testing and treatment, specified education and training, community service, curfew, probation, etc. Under certain circumstances, the court also may order an offender to pay restitution to any identifiable victim who incurred an economic loss as a result of the violation.
Points Assessed For A Marked Lane Violation
A conviction on a traffic ticket for a marked lane violation carries two points in Ohio on an offender’s driving record. For more information on how the Ohio Bureau of Motor Vehicles (BMV) processes points for moving violations and the substantial penalty for excessive points accumulation, press Ohio BMV Points System.
Call An Attorney Today
Frequently a lawyer can appear in court and resolve a traffic case in the client’s absence, provided both the court and the prosecutor agree. This saves the client the aggravation of taking time off from work, fighting traffic to get to court on time, waiting for potentially hours for the case to be called, standing in long lines and potentially having to do it all over again if the case is continued.
If you are seeking a traffic lawyer, contact us at 614.695.5000 or online. We offer legal representation to drivers charged with traffic tickets in the Columbus metropolitan area.
