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  1. #1
    Join Date
    Dec 2014
    Posts
    3

    Question Driving in a Bike Lane, VC 21209a

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

    HI there, looking for advice on how to go about a ticket I got for riding my motorcycle on the bike lane.

    I was approaching two cars stopped at the intersection red light. As I was approaching an SUV backed out in the street, right behind the 2 second car. It was too late for me to brake, so I maneuvered around the SUV and pulled into the bike lane. I pulled up to the intersection beside the first car and got in front once the light turned green.

    I had no where to go but the bike lane, stopping behind the SUV would leave me at risk from the vehicle backing up into me, and there was no room between the SUV and the car in front of me.

    Will this hold in court?

    Thanks!

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Driving in a Bike Lane, VC 21209a

    Nope, but it might play in Peoria.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Driving in a Bike Lane, VC 21209a

    Quote Quoting mulster
    View Post
    I had no where to go but the bike lane, stopping behind the SUV would leave me at risk from the vehicle backing up into me, and there was no room between the SUV and the car in front of me.
    Did you explain any of that to the officer? If so, why did he reject your story? If not, why not?

    If this goes to trial the officer is going to testify as to what he saw, which presumably will not include your being cut off.

    Have you explored whether the traffic stop was recorded on video?

  4. #4
    Join Date
    May 2013
    Posts
    1,055

    Default Re: Driving in a Bike Lane, VC 21209a

    Quote Quoting mulster
    View Post
    My question involves a traffic ticket from the state of: California

    HI there, looking for advice on how to go about a ticket I got for riding my motorcycle on the bike lane.

    I was approaching two cars stopped at the intersection red light. As I was approaching an SUV backed out in the street, right behind the 2 second car. It was too late for me to brake, so I maneuvered around the SUV and pulled into the bike lane. I pulled up to the intersection beside the first car and got in front once the light turned green.

    I had no where to go but the bike lane, stopping behind the SUV would leave me at risk from the vehicle backing up into me, and there was no room between the SUV and the car in front of me.

    Will this hold in court?

    Thanks!
    You seem to offer two problems here: 1. You couldn't stop behind the SUV that had backed into traffic. 2. You thought the the SUV would back into you. I'd pick one of these, probably the first, and stick with it.

    As was mentioned earlier, it might have been good to explain this line of thinking to the officer. My original thought was that you were just upset that yet another car was in front of you at the light and figured you'd show him a thing or two.

  5. #5
    Join Date
    Nov 2013
    Location
    Pennsylvania
    Posts
    806

    Default Re: Driving in a Bike Lane, VC 21209a

    Typically, in order to justify breaking a law, your situation must be so dire that if you do not break the law, you would either be in imminent danger or you breaking a law is necessary in order to prevent some other catastrophe. I believe the example typically used is if you are walking down a street and see a man collapse in front of you, obviously having a heart attack. There is a closed store right where the man fell and inside the display window you can see an AED device, so you smash the store window to retrieve the device and save the man's life. While you have broken several laws in doing so, there was an imminent danger to someone and had you NOT acted, the individual would be dead. These are called mitigating factors.

    In your specific situation, my argument would be that someone negligently backed out into the right-of-way unexpectedly and as a result you were unable to stop in time so you employed a defensive driving maneuver in order to avoid a larger accident which would have potentially put others in danger. But if this were actually true, you would have been better off making that argument to the officer, and again, if true, he should have understood your actions and let you go. Just remember, if the cop gets up to testifies and says "there was no car backing out of any driveway", you will have a problem. I'd also be careful mentioning "too late to brake" as it indicates you were too close to the vehicles in front of you.

  6. #6
    Join Date
    Dec 2014
    Posts
    3

    Default Re: Driving in a Bike Lane, VC 21209a

    Hello, I was actually a little frazzled with the SUV pulling out in front of me, and right after that the officer pulling me over, so it didn't occur to me tell her about the SUV. Right when I got the ticket and drove off it, it hit me that's why I did it.

    She did say she saw the SUV pull out and that I should be careful when that happens.

    When she pulled me over, she said that I was being pulled over for speed and bike lane. At the light, I had to get off the line, I had to obviously get off the line faster than normal since I was in the bike lane.

  7. #7
    Join Date
    May 2013
    Posts
    1,055

    Default Re: Driving in a Bike Lane, VC 21209a

    What would have prevented you from just remaining parked in the bike lane while the other cars proceeded. That would have made a better case for you in that you, at least to the extent that your move would not be seen as an easy way to get around traffic, even if illegal?

    The officer's statement that she saw the SUV back in front of you might be helpful.

    I'd say that my standard recommendation of delay as long as possible, IDR, TBD, and TDN applies here. If you extend this to the point that the officer doesn't remember what happened, you're in good shape.

  8. #8
    Join Date
    Dec 2014
    Posts
    3

    Default Re: Driving in a Bike Lane, VC 21209a

    Hello donzoh, thanks for the input. What does IDR TBD and TDN mean? Asking for the trial to be postponed?

  9. #9
    Join Date
    Nov 2013
    Location
    Pennsylvania
    Posts
    806

    Default Re: Driving in a Bike Lane, VC 21209a

    Quote Quoting donzoh1
    View Post
    I'd say that my standard recommendation of delay as long as possible, IDR, TBD, and TDN applies here. If you extend this to the point that the officer doesn't remember what happened, you're in good shape.
    If the officer has any competency at all, they took extensive notes (or enough notes) in order to be able to remember what happened on this date, months into the future. Why do the cops who pull you over always sit ont he side of the road so long after you are gone? They are documenting everything that might be beneficial to the State at trial. The strategy when requesting continuances is not so the officer forgets, but so that the trial is rescheduled on a date the officer cannot make.

  10. #10
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Driving in a Bike Lane, VC 21209a

    And all that rescheduling is a crap shoot. The officer gets a new subpoena each time. And, if a new date is on a vacation date, guess what? HE can contact the court and ask for a continuance of his own!

    But, if all ya have is a crappy roll of the dice and hoping for the best, I guess you play the game.

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