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Driving in a Bike Lane Citation, VC 21209(A)

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  • 02-18-2016, 08:23 PM
    extesy
    Driving in a Bike Lane Citation, VC 21209(A)
    My question involves a traffic ticket from the state of: California

    While getting close to the intersection with a line of cars waiting for a green light, I was riding my motorcycle on the right side of the cars in the rightmost lane (but not on a bike lane). There was enough space there because the lane was wider than usual. Here's street view of that part of the road: https://goo.gl/maps/pkvvbGRXEnm. The officer was behind the tall sign on the plaza and he couldn't see the wheels of my motorcycle because of the bushes. Right before the intersection and immediately opposite the second entrance to the plaza I crossed the bike lane to enter the intersection turn lane (street view) and the officer immediately pulled me over claiming that I've been driving in a bike lane for a much longer distance. It wasn't true but I didn't say anything to the officer at a time. There were several more cars pulled over by other officers at that intersection before and after me, and officer was so distracted, he even forgot to specify infraction and code in my ticket. He sent a correction 3 weeks later, though.

    Is there anything I can do in this situation? The officer was wrong, but how can I prove that to court?
  • 02-18-2016, 09:06 PM
    donzoh1
    Re: 21209(A), Driving in a Bike Lane
    It's probably best that you didn't argue the point. If you do, you make yourself stand out more and inspire more effort by the officer.

    The question at trial will be at what distance did the officer see you driving in the lane and for how long. Secondly, driving in the lane is not prohibited when you're preparing to turn within 200 feet of the intersection. If you were driving next to the bike lane but only crossed into it within 200 feet, you did not violate the code section cited.

    If you can show that the officer from his point of observation could not reasonable see that you were in the bike lane, you'll win. However, if the officer responds at trial, the judge will believe him, not you. A diagram and photos may help you, if you can establish where the officer was.

    My suggestion is TBWD first followed by Trial de Novo, if necessary. If the officer understands the code section thoroughly, your task will be more difficult.
  • 02-18-2016, 10:45 PM
    extesy
    Re: 21209(A), Driving in a Bike Lane
    Thank you. It doesn't feel fair to plead guilty and take traffic school for the infraction I didn't commit, so I'll try TBWD followed by TDN.

    Are there any good examples of TBWD for code 21209? Any special phrases I should be mentioning or important details I should be paying attention to?

    By the way, is officer going to see my TR-205 form before he files his own TR-235 response? Can I send Informal Discovery Request before sending TBWD?
  • 02-19-2016, 07:52 AM
    donzoh1
    Re: 21209(A), Driving in a Bike Lane
    Quote:

    Quoting extesy
    View Post
    Thank you. It doesn't feel fair to plead guilty and take traffic school for the infraction I didn't commit, so I'll try TBWD followed by TDN.

    Are there any good examples of TBWD for code 21209? Any special phrases I should be mentioning or important details I should be paying attention to?

    By the way, is officer going to see my TR-205 form before he files his own TR-235 response? Can I send Informal Discovery Request before sending TBWD?

    You can make an IDR at any time between your citation date and your trial date, although time frames of either 15 or 20 days are allowed for prosecution response. I would advise against IDR before TBWD. First, all you'll get of any value are any officer notes, which may or may not exist and they may or may not help. And, the IDR makes your situation stand out and might inspire the officer to be more diligent in response. There are situations where an IDR makes sense before TBWD but yours is not one of them.

    You could win at TBWD even if the officer responds but your best shot at winning is no response. If you lose at TBWD, you can go review your case file before TDN which will have the officer's statement in it. If there are any holes in it, you can demonstrate later at trial. Also, if the officer testifies differently at TDN, the written statement can be used to impeach credibility.

    I doubt you'll find a statement already written that fits your situation but you don't need that. First, avoid any admissions that would lead to a conviction in and of themselves. You might convict yourself even if the officer doesn't respond! Second, don't make any false statements. Third, stick to the elements of the offense. The prosecution must prove those. If you can disprove them, great.

    The officer will not see your TR205 before responding and I doubt he's going down to the courthouse anytime soon to dig through your case file.
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