Hernandez v. State

Hernandez v. State (Tex.Ct.App. 1998) 983 S.W.2d 867 involved a violation of a statute that punished unsafe lane changes: "'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; (2) may not move from the lane unless that movement can be made safely.'" ( Id. at p. 871.) The driver had drifted over the line briefly on a highway with several lanes but with very few vehicles at 1:30 a.m. The officer did not believe there was anything unsafe about the drifting other than the well-being of the driver. ( Id. at pp. 868-869.) The appellate court concluded that a violation of the statute occurs only when a vehicle fails to stay within its lane and "such movement is not safe or is not made safely." ( Id. at p. 871.) The appellate court concluded the state did not show that the stop was reasonable. ( Id. at p. 872.)