Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply:
(1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
(2) 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 traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic-control devices.
(3) Official traffic-control devices 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 and drivers of vehicles shall obey the direction of every such device.
(4) Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device.
(Acts 1980, No. 80-434, p. 604, §3-109.)
Notes of Decisions
Cited in
13
cases (
1 in the last 5 years), 1992–2021 · leading case:
United States v. Steed, 548 F.3d 961 (11th Cir. 2008).
United States v. Steed, 548 F.3d 961 (11th Cir. 2008).
“Ala.Code § 32-5A-88, 89. Although Osgood disputes the former violation, it is unnecessary to address his argument in that regard because he does not dispute the latter violation.”
Blakley v. Johnson, 80 So. 3d 250 (Ala. Civ. App. 2010).
· cites it 7× “Section 32-5A-88(l) provides that “[a] vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.”
United States v. Keith Augustus Johnson, 136 F. App'x 279 (11th Cir. 2005).
· cites it 3× “After the third time, Hammonds stopped the truck to determine if the driver was too tired or intoxicated to continue driving, and to issue the driver a ticket for violating Ala.Code § 32-5A-88(l), which prohibits a driver from unnecessarily swerving in and out of his lane.”
State v. Ellis, 71 So. 3d 41 (Ala. Crim. App. 2010).
· cites it 2× “Section 32-5A-88, Ala.Code 1975, defines the traffic infraction of "improper lane usage.”
Walls v. Forsyth, 611 So. 2d 273 (Ala. 1992).
· cites it 2× “Under Ala.Code 1975, § 32-5A-88(l), a driver is not to move a vehicle from its lane until the driver has first ascertained that the movement can be made safely.”
Peters v. Elsheikh (M.D. Ala. 2021).
· cites it 2× “Additionally, Alabama Code § 32-5A-88(1) states: “A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.”
Galindo v. State, 949 So. 2d 951 (Ala. Crim. App. 2005).
· cites it 3× “in this State: Whether a single 6- to 12-inch deviation from a driver’s course across the “fog line” and onto the shoulder of an interstate highway, under circumstances that do not appear to pose a safety risk to the driver or other motorists, provides the necessary reasonable…”
Holden v. City of Florence, 665 So. 2d 1004 (Ala. Crim. App. 1995).
“The appellant, Ottis Glenn Holden, was convicted of driving under the influence of alcohol (DUI), a violation of § 32-5A-191(a)(2), Code of Alabama 1975, and of illegal lane usage, a violation of § 32-5A-88, Code of Alabama 1975. He was sentenced to 12 months in jail and was…”
United States v. Hermilo Benitez, 541 F. App'x 961 (11th Cir. 2013).
· cites it 2× “As to the traffic violation, Officer Ryan had probable cause to believe Benitez had violated Alabama Code § 32-5A-88(l), which requires that a vehicle on a roadway with two or more lanes “shall be driven as nearly as practicable entirely within a single lane and shall not be…”
United States v. Gabriel Esquivel (11th Cir. 2020).
“On December 21, 2017, Esquivel was stopped by Officer Tyler Watson of the Hoover Police Department while driving a truck and attached trailer because he crossed the fog line more than once in violation of Alabama Code § 32-5A-88. 1 While writing up a citation, Officer Watson…”
United States v. Uriostegui, 420 F. Supp. 2d 1260 (M.D. Ala. 2006).
“Section 32-5A-88(l) of the 1975 Alabama Code provides that, “A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.”
— Ala. Code § 32-5A-88(1) — 2 cases
Blakley v. Johnson, 80 So. 3d 250 (Ala. Civ. App. 2010).
“Section 32-5A-88(l) provides that “[a] vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.”
Peters v. Elsheikh (M.D. Ala. 2021).
“Additionally, Alabama Code § 32-5A-88(1) states: “A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.”
— Ala. Code § 32-5A-88(l) — 5 cases
United States v. Keith Augustus Johnson, 136 F. App'x 279 (11th Cir. 2005).
“After the third time, Hammonds stopped the truck to determine if the driver was too tired or intoxicated to continue driving, and to issue the driver a ticket for violating Ala.Code § 32-5A-88(l), which prohibits a driver from unnecessarily swerving in and out of his lane.”
Walls v. Forsyth, 611 So. 2d 273 (Ala. 1992).
“Under Ala.Code 1975, § 32-5A-88(l), a driver is not to move a vehicle from its lane until the driver has first ascertained that the movement can be made safely.”
Blakley v. Johnson, 80 So. 3d 250 (Ala. Civ. App. 2010).
“Section 32-5A-88(l) provides that “[a] vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.”
United States v. Hermilo Benitez, 541 F. App'x 961 (11th Cir. 2013).
“As to the traffic violation, Officer Ryan had probable cause to believe Benitez had violated Alabama Code § 32-5A-88(l), which requires that a vehicle on a roadway with two or more lanes “shall be driven as nearly as practicable entirely within a single lane and shall not be…”
United States v. Uriostegui, 420 F. Supp. 2d 1260 (M.D. Ala. 2006).
“Section 32-5A-88(l) of the 1975 Alabama Code provides that, “A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.”
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