Bicycle Issued a 21353(A) Auto Ticket

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

A handful of us were issued 21353(a) tickets for taking a right on red on bicycles without stopping. It appears that the tickets are written for automobiles and will result in 1 point on a driving record if found guilty. The officer said that a bicycle ticket would not result in any points on a driving record.

Do I have any recourse since the ticket was written as an auto ticket, not a bicycle ticket? A buddy spoke with a court clerk and she said that a bicycle ticket would receive a different designation that just the 21353(A). Ie. something saying that it was for a bike.

As a side note, the bail/fine is $436. Yes, $436 for a right on red on a bike. The officer said they had been staking out the intersection to give bikes tickets for not stopping before taking a right on red, and for not riding single file up a short hill.

Thanks for your help/comments in advance.
-David

Are you sure you got he vehicle code section right?? There is no 21353(a). 21353 says:

Quote:

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21353. No local authority, except by permission of the Department
of Transportation, shall erect or maintain any stop sign or traffic
control signal in such manner as to require the traffic on any state
highway to stop before entering or crossing any intersecting highway
or any railroad grade crossing.

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Good catch. It was 21453(A). Typo.

Quote:

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Quoting davidbelden

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Do I have any recourse since the ticket was written as an auto ticket, not a bicycle ticket? A buddy spoke with a court clerk and she said that a bicycle ticket would receive a different designation that just the 21353(A). Ie. something saying that it was for a bike.

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Yes, 21453(a) is goot for bicycles. It indicates "driver" ...

21453. (a) A driver facing a steady circular red signal alone shall
stop at a marked limit line, but if none, before entering the
crosswalk on the near side of the intersection or, if none, then
before entering the intersection, and shall remain stopped until an
indication to proceed is shown, except as provided in subdivision
(b).

And a "driver" is one who operates any vehicle.

305. A "driver" is a person who drives or is in actual physical
control of a vehicle. The term "driver" does not include the
tillerman or other person who, in an auxiliary capacity, assists the
driver in the steering or operation of any articulated firefighting
apparatus.

And a "vehicle" includes a bicycle.

670. A "vehicle" is a device by which any person or property may be
propelled, moved, or drawn upon a highway, excepting a device moved
exclusively by human power or used exclusively upon stationary rails
or tracks.

So, the cite can be issued for a bicycle. How you deal with the citation is a choice you'll have to make.

- Carl

Quote:

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Quoting cdwjava

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And a "vehicle" includes a bicycle.

670. A "vehicle" is a device by which any person or property may be
propelled, moved, or drawn upon a highway, excepting a device moved
exclusively by human power or used exclusively upon stationary rails
or tracks.

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I don't get it, Carl... how is a bicycle a vehicle???

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Quoting EWYLTJ

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I don't get it, Carl... how is a bicycle a vehicle???

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Sorry, I should have enhanced upon this for clarification but I was at home and preoccupied with other things at the time ... by definition, a bicycle is not a "vehicle" per se (there was a clarifying case about this some years back with the argument being that because it utilized chains and cams that it was not powered solely by human power). However, CVC 21200 holds the operators of a bicycle to the same standards as a driver of a vehicle:

21200. (a) Every person riding a bicycle upon a highway has all the
rights and is subject to all the provisions applicable to the driver
of a vehicle by this division ...

- Carl

Quote:

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Quoting cdwjava

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So, the cite can be issued for a bicycle. How you deal with the citation is a choice you'll have to make.

- Carl

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Thanks Carl. If the citation can be issue for a bicycle, can a point be put on a driver's record for a bicycle citation?

Quote:

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Quoting davidbelden

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Thanks Carl. If the citation can be issue for a bicycle, can a point be put on a driver's record for a bicycle citation?

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I can't recall where I read it off hand, but it is my understanding that points are not assigned for non-motor vehicle operations.

- Carl

Unbelievable.

$436 bux for that.

Legalized theft, IMO.

Thank you for paying that fine... now my sales tax may not go up to 11%!!!