Maryland Annotated Code, Transportation Article, 21-309(b):
A vehicle shall be driven as nearly as practicable entirely within a single lane and may not be moved from that lane or moved from a shoulder or bikeway into a lane until the driver has determined that it is safe to do so.
The language states “until the driver has determined that it is safe to do so,” not “REASONABLY determined.” Accordingly, in order to prosecute this case, the State must prove what is in the determined mind of the motorist and when, not whether the determination is objectively reasonable.
Police are often very skilled at many tasks in their professional duties but mind-reading is not among them. No one should plead guilty to this ticket in my professional judgment unless the opportunity cost of appearing in court exceeds both the pre-payable fine and the damage from a moving violation on one’s record for three years on one’s insurance bills. I would go so far as to consider it malpractice to recommend a plea to this charge.
