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Discussion Starter · #1 ·
i already read nokona's ticket faq and it doesn't apply to my ticket.
here's what happened:
i was approaching a red light with two lanes that go forward. there was a bicycle lane on the right side. i was in the right lane, preparing to make a right turn. there was one car in the right lane, but it didn't have a blinker on and it seemed to be going straight. so i merged into the bike lane and went up to the intersection. i then proceeded to take a right. the car that i pulled up beside turned out to be an unmarked cop car, and she promptly pulled me over. she told me that you're never allowed to get into the bicycle lane and gave me a ticket. i was cited under vc 22100(a) for "driving in bike lane", which states, "Both the approach for a right hand turn and a right hand turn shall be made as close as practicable to the right hand curb or edge of the roadway." i also found vc 21717 that says, "whenever it is necessary for the driver of a motor vehicle to cross a bicycle lane that is adjacent to his lane of travel to make a turn, the driver shall drive the motor vehicle into the bicycle lane prior to making the turn and shall make the turn pursuant to section 22100."
so it seems that i did everything that i was supposed to, but i still got a ticket. i want to fight it, but i also really need to not get points on my license, so i'd like to try to plea bargain with the prosecutor as described in nokona's ticket faq. what do you guys think i should do?
 

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Re: I got ticket, I need someone with knowledge about CA traffic laws. (DohRado)

Crummy luck...sorry i cant help you
Pic for views:
 

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Re: I got ticket, I need someone with knowledge about CA traffic laws. (DohRado)

If a right turn takes you across a bike lane, you must merge into the bike lane (yielding to any bikes there) before turning, in accordance to CVC 21200, 21717, and 21208(?).
http://www.leginfo.ca.gov/calaw.html will let you look up California law.
 

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Re: I got ticket, I need someone with knowledge about CA traffic laws. (DohRado)

As a cyclist I try to keep myself familiar with the laws where cars and bikes collide. As far as I can recall, there is a certain distance before an intersection where a car can enter the bike lane in order to make their turn. I don't recall exactly what the distance is, but I think it's 100 feet. In many areas the solid white line that marks the bike lane will actually become dashed at the point where a car can enter. I would say that if you were within the legal distance then you should be fighting the ticket.
As a side note, I've had friends get tickets from undercover police cars before and when they fought the tickets the issuing officer didn't show up for court and their tickets were thrown out.
>8^)
ER
 

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Re: I got ticket, I need someone with knowledge about CA traffic laws. (Peloton25)

100 feet is correct. you can only merge into the bike lane where the white line becomes dashed.
 

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Discussion Starter · #6 ·
Re: I got ticket, I need someone with knowledge about CA traffic laws. (Peloton25)

i got into the bike lane within the dotted line area. i guess i'm worried that pulling into a small bike lane and being halfway in the bike lane and halfway in the right lane will make the ticket stick.
 

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Re: I got ticket, I need someone with knowledge about CA traffic laws. (DohRado)

I failed my drive-test once for NOT using the bikelane.
The make it up as they go along, man.
Good luck fighting it.
 

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Discussion Starter · #8 ·
Re: I got ticket, I need someone with knowledge about CA traffic laws. (eliza_effect)

Quote, originally posted by eliza_effect »
I failed my drive-test once for NOT using the bikelane.
The make it up as they go along, man.
Good luck fighting it.

i failed my test for the same thing.
 

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Re: I got ticket, I need someone with knowledge about CA traffic laws. (DohRado)

I think you have the right to go to the bike lane when you're turning right, just as long as enter when the lines are broken.
 

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Re: I got ticket, I need someone with knowledge about CA traffic laws. (jahciple)

Quote, originally posted by jahciple »
I think you have the right to go to the bike lane when you're turning right, just as long as enter when the lines are broken.

The broken lines may be a hint, but may not necessarily be consistently started at the specified distance from the intersection. In addition, the line may be unbroken in cases where you have to merge into the bike lane prior to entering a driveway, parking lot, etc.
 

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Re: I got ticket, I need someone with knowledge about CA traffic laws. (tjl)

What I would do is go back to where you got the tickett at, and take some pics of it so you can be well armed when you go in and talk to the judge.
Make sure the pics are very clear and the judge is able to see them without any problems.
Don't bring up this stuff abou being half in the right and half in the bike lane...to your knowledge you were in the bike lane just as the law stated, and everything you did was according to the book in your best opinion.
Just be clear and don't stammer and your chances of getting off is very good.
 

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Re: I got ticket, I need someone with knowledge about CA traffic laws. (tjl)

Ok here is the dirt, straight from the california dmv:
http://www.dmv.ca.gov/pubs/hdb...cycle
Quote, originally posted by California Department of Motor Vehicles »

Don’t drive in a bike lane unless you are within 200 feet of making a right turn at a corner ... Do not drive into the bike lane to pass traffic ahead of you preparing to turn.

IANAL, but it seems like it's really a mater of proving to the court that:
1) You were 200 feet or less from the corner when you pulled into the bike lane
2) The Officer you passed was not in a right-turn lane
 

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Discussion Starter · #15 ·
so today was my day in court.
the judge called my name and i stepped forward. he said that the officer sent a letter stating that upon further inspection she was wrong to give me the ticket, so the judge dismissed the case. i just wished the cop was there so i could laugh at her. it felt damn good to just have it dismissed like that, though.
 

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Re: (DohRado)

Quote, originally posted by DohRado »
i just wished the cop was there so i could laugh at her.

Don't be a sore winner.
 

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Re: (DohRado)

Quote, originally posted by DohRado »
so today was my day in court.
the judge called my name and i stepped forward. he said that the officer sent a letter stating that upon further inspection she was wrong to give me the ticket, so the judge dismissed the case. i just wished the cop was there so i could laugh at her. it felt damn good to just have it dismissed like that, though.

Nice man. Good choice in going to court on that one.
 

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Re: (DohRado)

Quote, originally posted by DohRado »
so today was my day in court.
the judge called my name and i stepped forward. he said that the officer sent a letter stating that upon further inspection she was wrong to give me the ticket, so the judge dismissed the case. i just wished the cop was there so i could laugh at her. it felt damn good to just have it dismissed like that, though.

That's great - it's just a shame they couldn't have notified you that the ticket had been dropped so you didn't have to waste your time going to court and watching that stupid video about how raped you get when you are charged and convicted of a DUI. Can you tell I've been there a few times??

A similar thing happened to me on my last ticket. I was speeding, but the officer didn't write me for that. My registration sticker was expired - the fees were paid on time but I hadn't received the new sticker yet, however I had no way of proving it - he didn't write me for that either. What I did get written for was having an expired license. It had expired on my birthday and because I never saw a renewal form - probably because I moved and hadn't given the DMV a new address - I had no idea. I mean, who ever looks at the expiration date on their drivers license?

Anyway, I was shocked he didn't write me for the other stuff and I knew I could get the license renewed the next day at the DMV so I didn't argue if that was all he was writing me for. I did take care of the license issue the next day and never received any kind of notification on the ticket. I went to the court on the date listed and was informed by the lady at the counter that the DA had decided not to press charges for it. I'm not sure if they could see that I had already taken care of it the next day, or if they just didn't consider it that bad of an infraction, but I was surprised that I didn't even have to "tell it to the judge". It would have been nice of them to send me something in the mail letting me know not to drive 25 miles out of my way and miss work to go to court though.
>8^)
ER


Modified by Peloton25 at 6:43 PM 7-27-2004
 

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Discussion Starter · #20 ·
Re: (Peloton25)

Quote, originally posted by Peloton25 »

That's great - it's just a shame they couldn't have notified you that the ticket had been dropped so you didn't have to waste your time going to court and watching that stupid video about how raped you get when you are charged and convicted of a DUI. Can you tell I've been there a few times??


yeah, i wish they had told me so i didn't have to get up at 7:30 in the morning, but oh well. i work evenings and it's summer, so i didn't have to miss work or school. as for the dui video, they don't do that in my county, i guess i'm lucky.
 
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