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

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  • 06-24-2016, 03:34 PM
    hafee
    Driving in a Bike Lane Citation, VC 21209(A)
    My question involves a traffic ticket from the state of: San Diego,California.I got a traffic ticket for a red light right turn infraction were I did stop at the limit line before the cross walk.After I made my right turn there was a SDPD officer's patrol vehicle parked in the bike lane approximately 75 feet past the intersection that I just turned from,part of his vehicle was sticking out in the number 2 lane next to the bike lane.As I got closer to the the officers patrol vehicle the officer was standing in the street outside of his driver's door,he waved at me to pull over which I complied with.The officer told me that I didn't stop at the red light,I replied back to him that I did stop at the red light which I know that I did,he then proceeded to write me the ticket.With out getting into all of the details which I will when I post a new thread on the VC 21453(a) red light traffic infraction.My question is a police officer permitted to park his patrol vehicle in a bike lane to write out traffic tickets?Also would the VC 21209(A) be of any help to me in my defense of preparing my Statements of Facts in my Trial by Written Declaration that I'm going to plead Not Guilty.Thanks for any advise that you could give to me,much appreciated.
  • 06-24-2016, 07:08 PM
    cdwjava
    Re: Driving in a Bike Lane Citation, VC 21209(A)
    Quote:

    Quoting hafee
    View Post
    My question is a police officer permitted to park his patrol vehicle in a bike lane to write out traffic tickets?

    Yes.

    Quote:

    Also would the VC 21209(A) be of any help to me in my defense of preparing my Statements of Facts in my Trial by Written Declaration that I'm going to plead Not Guilty.Thanks for any advise that you could give to me,much appreciated.
    Were you also cited for VC 21209(a)? Or, is your plan to argue that the OFFICER violated VC 21209(a)?

    In any event, the officer's vehicle being parked in a bike lane DOES NOTHING to help you defend against your offense. It might help in that you might use his position to argue that he did not have a clear and unobstructed view of the limit line you say you stopped at, but, if he argues that he saw you and you never came to a complete stop, that could be hard. And if he has video of it, that would clinch it. But, the fact that the officer may have obstructed the bike lane is NOT a defense to you running a red light.
  • 06-25-2016, 09:57 AM
    hafee
    Re: Driving in a Bike Lane Citation, VC 21209(A)
    You say that a police officer can legally park in the bike lane even if his vehicle is partially blocking the number 2 driving lane?The officer was parked in the bike lane for over 1 hour,I did some shopping and came back bye were I was ticketed and he was still there writing traffic tickets.I wasn't cited for for VC 21209(a),I was just wanted to know if it was legal to park his vehicle in a bike lane.I'm going to post a new thread for my cited traffic ticket VC 21453 (a),your views and comments are much appreciated.
  • 06-25-2016, 07:53 PM
    cdwjava
    Re: Driving in a Bike Lane Citation, VC 21209(A)
    Quote:

    Quoting hafee
    View Post
    You say that a police officer can legally park in the bike lane even if his vehicle is partially blocking the number 2 driving lane?

    Yep.

    If you have an issue with where he was stopped, you can complain to his agency.

    The police very often have to break the rules of the road in order to catch violators ... how do you think we catch speeders? By wishing them to pull over?

    Quote:

    The officer was parked in the bike lane for over 1 hour,I did some shopping and came back bye were I was ticketed and he was still there writing traffic tickets.
    Sounds like he had a good vantage point for the enforcement he was engaging in.

    Quote:

    I wasn't cited for for VC 21209(a),I was just wanted to know if it was legal to park his vehicle in a bike lane.I'm going to post a new thread for my cited traffic ticket VC 21453 (a),your views and comments are much appreciated.
    The only possible defense I can see has to do with the officer's vantage point, But, even if he did not see the limit line, if he was able to see YOU and noted that you never came to a complete stop, that's sufficient.
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