Comments on: Bicyclists Getting Ticketed for legal riding! http://www.cabobike.org/2009/08/12/bicyclists-getting-ticketed-for-legal-riding/ California Association of Bicycling Organizations Wed, 18 Jan 2012 00:09:47 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Serge Issakov http://www.cabobike.org/2009/08/12/bicyclists-getting-ticketed-for-legal-riding/comment-page-1/#comment-46 Serge Issakov Fri, 14 Aug 2009 14:04:01 +0000 http://cabobike.org/blog/?p=33#comment-46 One suggestion for getting the equivalent of a transcript without paying for a court recorder is to opt for the "trial by mail" option. Then everything is automatically in writing. I don't agree about not arguing with police, at least when they're clearly wrong. I was once told by SD police to "get in the bike lane" on La Jolla Village Drive while stopped in the middle of the lane at a red light. I held my ground, responding, "Sir, that's a not a bike lane, it's a gore". They left me alone. Capitulating to bully tactics based on ignorance is not how we improve the world. These can be excellent teaching opportunities. Brian is right, the burden is unfairly on the cyclist to show that he was not in violation of 21202. That means matters of fact have to be clearly established, and matters of opinion need to be supported by expert witness testimony, not the defendant. Otherwise, it's the defendant's word against the cop's. One suggestion for getting the equivalent of a transcript without paying for a court recorder is to opt for the “trial by mail” option. Then everything is automatically in writing.

I don’t agree about not arguing with police, at least when they’re clearly wrong. I was once told by SD police to “get in the bike lane” on La Jolla Village Drive while stopped in the middle of the lane at a red light. I held my ground, responding, “Sir, that’s a not a bike lane, it’s a gore”. They left me alone. Capitulating to bully tactics based on ignorance is not how we improve the world. These can be excellent teaching opportunities.

Brian is right, the burden is unfairly on the cyclist to show that he was not in violation of 21202. That means matters of fact have to be clearly established, and matters of opinion need to be supported by expert witness testimony, not the defendant. Otherwise, it’s the defendant’s word against the cop’s.

]]> By: Brian http://www.cabobike.org/2009/08/12/bicyclists-getting-ticketed-for-legal-riding/comment-page-1/#comment-45 Brian Thu, 13 Aug 2009 06:40:04 +0000 http://cabobike.org/blog/?p=33#comment-45 I see the dilemma as this: our choice to control a lane for our safety may put us at risk of being cited for a violation of CVC 21202. Since the net effect of CVC 21202 is to place the burden on the cyclist to justify not sharing the lane, you have a very uphill battle if you're trying to overturn a CVC 21202 citation. I see the dilemma as this: our choice to control a lane for our safety may put us at risk of being cited for a violation of CVC 21202. Since the net effect of CVC 21202 is to place the burden on the cyclist to justify not sharing the lane, you have a very uphill battle if you’re trying to overturn a CVC 21202 citation.

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