Ahluwalia

I. FACTUAL AND PROCEDURAL BACKGROUND

At trial, Ahluwalia testified that, on October 16, 2009, at approximately 9:00 p.m., his white Toyota pickup truck was rear-ended by Cruz. Ahluwalia was traveling northbound on I-238, which is composed of three lanes of northbound traffic, when he pulled over on the shoulder to converse with his wife, who was following in a separate car. Thereafter, he merged into the slow lane at about 35 miles per hour. It was dark at the time. Ahluwalia traveled in the slow lane for about two or three seconds (almost 400 yards) when he decided to move over to the middle lane, to his left. Before he made his lane change, he turned on his signal indicator, looked to his left, and checked his rear and side mirrors. There was no traffic in the lane within 100 or 200 yards. Ahluwalia

1 testified that he merged into the middle lane while traveling at approximately 50 or 55 miles per hour. Ahluwalia testified that he was in the middle lane for almost two football field lengths or for ―[m]aybe five, six or ten second[s].‖ He slowed down from 55 miles per hour to about 30 miles per hour because he saw cars in front of him slowing down with their brake lights…