7.709 — FAILURE TO MAINTAIN LANES

Violations of "Statute 7.709" results in an Infraction with receiving an additional license point(s) of 1.

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(a) Definitions

Failure to maintain lanes is defined as the unlawful act of a driver failing to keep their vehicle within the designated lane or roadway markings while operating a motor vehicle. This may include crossing into adjacent lanes, leaving the roadway entirely, or swerving uncontrollably without a legitimate reason.

(b) Elements

To establish the offense of failure to maintain lanes, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant was operating a motor vehicle on a public roadway or highway.

• The defendant failed to keep the vehicle within the lines or boundaries of a marked lane, or left the roadway entirely.

• The defendant’s failure to maintain lanes occurred without a valid reason, such as emergency situations, mechanical failure, or another unavoidable circumstance.

• The defendant’s actions posed a potential hazard to other drivers or public safety.

(c) Defenses

Defenses against a charge of failure to maintain lanes may include:

• The defendant was forced off the roadway due to an emergency situation, such as avoiding a collision or another immediate danger.

• The defendant's vehicle malfunctioned in a way that caused them to veer out of their lane without intent or negligence.

• The defendant was operating the vehicle under conditions where lane markings were unclear, obstructed, or missing, making it impossible to maintain proper lane discipline.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The defendant's failure to maintain lanes resulted in a near-collision or actual accident, causing property damage or injury.

• The defendant was driving under the influence of alcohol, drugs, or any other substances that impaired their ability to maintain lane control.

• The defendant's failure to maintain lanes was reckless, exhibiting a disregard for safety and traffic laws.

• The defendant has a history of traffic violations or previous convictions related to unsafe driving behaviors.