Unsafe Passing to the Right Ticket for Use of a Bicycle Lane, VC 21755(A)

My question involves a traffic ticket from the state of: California

Today, I was cited after using the bicycle lane to approach a right turn at an intersection. Not sure if this affects anything, but the right turn is for a freeway on-ramp and is not controlled by the signal, but controlled by a yield sign.

The officer cited me for "21755 (a) VC - UNSAFE PASSING TO THE RIGHT". When picking up my license & registration, he stated I passed 10 cars, which was unsafe and illegal. To confirm this, before signing the ticket, I asked him to restate how many cars he saw me pass and his response was "about 9-10 cars".

My question is- isn't this legal move? I did a little of bit of research and found that VC 21209(a) states the bike lane may be used "to prepare for a turn within a distance of 200 feet from the intersection." Judging by the officer's own admission of distance (9-10 cars passed), I was within these 200 feet.

The officer did not mention anything about bicycles being in the bike lane (there were no bikes) or excessive speed (I was not operating the vehicle at an unsafe speed). He did mention I crossed a solid white line into the bike lane, but I wasn't aware this was illegal (not that ignorance is a defense).

Do I have a valid defense? If so, what is the best way to go about making my case? I am a soft-spoken computer programmer, not a lawyer :)

Thank you in advance.

Using it to prepare for a turn and using it to pass traffic in front of you are different issues. Had you waited until the cars were stopped, then used the lane, I doubt you would be here.

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Quoting Disagreeable

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Using it to prepare for a turn and using it to pass traffic in front of you are different issues. Had you waited until the cars were stopped, then used the lane, I doubt you would be here.

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A little more background. The intersection only allows left turns and right turns. There are two lanes for left turns. I was in the right lane.

When I entered the bike lane, the cars in front of me were stopped. After I passed most of the cars, the light turned green and they slowly started moving. Shortly after that, I made my right turn.

Forgive my ignorance, but I didn't see anything in 21755(a) stating the cars had to be stopped to in order to use the bike lane - am I missing something?

Pass on Right Safely

21755. (a) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting that movement in safety. In no event shall that movement be made by driving off the paved or maintraveled portion of the roadway.

(b) This section does not prohibit the use of a bicycle in a bicycle lane or on a shoulder.

Just what the officers interpretation of safety/unsafe is. I think you have a winner. Construct a well written explanation with the clarification and original info you gave and try for a TBD. Request the court reserve the granting of traffic school as an option for you in it. If that fails, go to TDN and plead your case, reminding the judge you requested they consider reserving traffic school as an option in lieu of just a guilty finding.

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Quoting jamesm113

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A little more background. The intersection only allows left turns and right turns. There are two lanes for left turns. I was in the right lane.

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So you were already in the right turn lane behind other cars that were stopped waiting to make a right and you decided not to wait and passed these other cars in the right turn lane on their right by using the bike lane?

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Quoting jamesm113

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A little more background. The intersection only allows left turns and right turns. There are two lanes for left turns. I was in the right lane.

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Based on that, it sounds like you were turning from the base of a T intersection. There were two lanes designated as left turn only and one lane designated for right turn only. Zero lanes going straight as the road you were on did not continue past the intersection. So, you passed several cars that were waiting to turn right and doing so by using a bike lane to pass them on the right. If I have that right, then it was clearly unsafe passing on the right, regardless of the allowance to use a bike lane upon approach to a right turn. You passed cars by traveling into the right turn they were trying to make. I see no defense to this charge based on the wording of the statute or any allowance granted by any other statute. The move was clearly unsafe (and a butthead move, guaranteed to piss off every other driver around you, as well.)

Since every other vehicle in the right lane - the lane designated for the right turns - was also turning right, your turn was conducted into the space where the people actually turning right would also have to turn thus risking a collision at the intersection. I'd also say that your action was unsafe. Not to mention that if you passed 9 or 10 cars, you may very well have begun that movement outside of 200' before the intersection ... though, I suspect that won't matter given your description of the intersection.

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Quoting yyz0

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So you were already in the right turn lane behind other cars that were stopped waiting to make a right and you decided not to wait and passed these other cars in the right turn lane on their right by using the bike lane?

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There was no right turn lane. Two left turn lanes only, with an opening to make a right turn in the bike lane. All cars were waiting to make a left.

Here's an image, The red arrows roughly describe my route.
http://i.imgur.com/s8ks0f3.png

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Quoting PTPD22

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Based on that, it sounds like you were turning from the base of a T intersection. There were two lanes designated as left turn only and one lane designated for right turn only. Zero lanes going straight as the road you were on did not continue past the intersection. So, you passed several cars that were waiting to turn right and doing so by using a bike lane to pass them on the right. If I have that right, then it was clearly unsafe passing on the right, regardless of the allowance to use a bike lane upon approach to a right turn. You passed cars by traveling into the right turn they were trying to make. I see no defense to this charge based on the wording of the statute or any allowance granted by any other statute. The move was clearly unsafe (and a butthead move, guaranteed to piss off every other driver around you, as well.)

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I did not pass any cars waiting in the right turn lane, as there was no right turn lane. All cars in front of me were waiting to turn left.

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Quoting cdwjava

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Since every other vehicle in the right lane - the lane designated for the right turns - was also turning right, your turn was conducted into the space where the people actually turning right would also have to turn thus risking a collision at the intersection. I'd also say that your action was unsafe. Not to mention that if you passed 9 or 10 cars, you may very well have begun that movement outside of 200' before the intersection ... though, I suspect that won't matter given your description of the intersection.

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Again, there was no right designated right turn lane and all cars I passed were waiting to turn left.

But, you said that it was a "T" intersection where all the traffic had to turn either right or left. If the two LEFT lanes were for left turns, it stands to reason that the right lane was for right turns. If the right lane went straight, then they'd do what ... crash?

Or, was it two lanes with the right lane having an option to turn left or right? If not, was a right turn prohibited?

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Quoting cdwjava

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But, you said that it was a "T" intersection where all the traffic had to turn either right or left. If the two LEFT lanes were for left turns, it stands to reason that the right lane was for right turns. If the right lane went straight, then they'd do what ... crash?

Or, was it two lanes with the right lane having an option to turn left or right? If not, was a right turn prohibited?

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If the right lane went straight, they'd crash into oncoming traffic.

There are only 2 lanes. There is no dedicated right turn lane. The vast majority of traffic is making a left turn. Of those two lanes, the right lane can make a right turn through the bike lane. There are no prohibitions on right turns.

Hope this makes sense.