Aviles v. State

In Aviles v. State, 23 S.W.3d 74 (Tex. App.--Houston 14th Dist. 2000, pet. ref'd), the Court found the police officer did not have reasonable suspicion to stop the defendant because he did not make an unsafe lane change in violation of section 545.060 of the Transportation Code. Id. at 78-79. The defendant in Aviles signaled his intent to change lanes and deliberately moved across two lanes of traffic to avoid a collision with a vehicle on the shoulder. Id. at 75. The Court determined that because Aviles's multiple-lane change was not accomplished in an unsafe manner, the police officer did not have a reasonable basis for believing Aviles had committed a ticketable traffic offense. Id. at 78.