Southern California - Is It Worth Fighting a Bike Traffic Ticket

im not from southern california and i was in carlsbad, riding east on vista way and didnt realize that it becomes a freeway when it crosses the 5. i realized it as soon as i crossed but by then it was too late. i stopped on the shoulder just past the on-ramp, trying to decide what to do and a cop came up on a motorcycle and issued me a citation for failing to obey posted signs. i went back to the intersection and there is a sign, but its not very obvious. i was concentrating too hard on traffic and missed it.

since i dont live here, i dont plan on being here for the date he gave me but i went on to the court website and the fine is $235!! i couldnt believe it. i figured that was a pretty minor offense. of course it is my fault and i really have nothing to contest but wow thats a lot! is that the normal fine or is it more because i was on a bike? anybody ever fight one of these before?

"I didn't notice the sign" won't get you very far in court. You could hire one of those ticket fighting lawyers - but they'll charge at least $235. If you don't plan on visiting California again, you could just ignore it.

Eastbound Vista Way/78 and I-5 is one of the most hazardous intersections in Southern California. When I go through it in my car, I rub my rabbit's foot, touch bobblehead Jesus on the dashboard, say a prayer and close my eyes. Pay the fine and thank God you made it out alive.

You weren't following vicelord's map were you?

I'm looking at the intersection in Google Street View and I don't see any signs saying that bikes are prohibited. There is a sign that says "Begin freeway". Which, by itself, does not mean that you shouldn't go there - bicycles are allowed on many freeways. If you're not supposed to go on the freeway, there's usually a separate sign that says "Pedestrians, bicycles, motor-driven cycles prohibited". However, I don't know how up-to-date Google Street View is.

Yes, California traffic fines are steep. $235 isn't as bad as it could be. A speeding ticket will cost you closer to $500.

You may be able to challenge the ticket by mail.

Ignorance to the law, as we all learned in the 10th grade, is no excuse!! Therefore, fight it.

Here's a link to the Department of Transportation web site, it says that there must be a sign that explicitly prohibits bicyclists from traveling on the freeway:

http://www.dot.ca.gov/hq/paffairs/faq/faq67.htm

If the sign isn't there, you may be able to beat the ticket. I would recommend to drive back to the intersection and to make a few pictures as evidence.

i went back to the intersection and there is a sign, but its not very obvious.

What did the sign say?

California is broke. They're trying to make up revenue any way they can. Cops have been told to write cites and I'm pretty sure judges are not being very lenient, either. I'd pay it and be done.

to tell him your name is Eddy Mercx.

What did the sign say?
There's a 2x3 sign that says Begin Freeway that might get lost in the other signs and signals but it's hard to miss the big green ones over the lanes.

239379

I was nailed for failure to obey a few months back. I was going to fight the ticket and had a pretty good argument BUT after pondering the whole ordeal of taking on the MAN, I thought F it, I did what I did and in the end will get nailed regardless of my justification & rationalization.
My fine was $195. I guess these fines are like gas prices, they just keep going up....

no, there is another sign that prohibits bicycles...the normal one on every freeway entrance that says "pedestrians and bicycles prohibited" or whatever. its just farther off to the side and you probably wouldnt notice it unless you were making a right turn on to I-5. but it is there.

i will have to think of it as a donation to the california debt fund. $500 for a speeding ticket?? wow. i guess its been a long time since i was ticketed for anything.

I just noticed that the ad on this page - at the top - is for "Fight and Beat Your Ticket, Guaranteed" for $179. I hit the link and went to www.ticketkick.com Interesting coincidence (I have no connection to this business by the way). If you have ever fought a ticket in CA, you'll know that it can be a colossal waste of time - I used to fight mine, but it is nearly impossible unless you have a really unique set of circumstances.

I am more used to seeing people around me getting $500-700 tickets lately... (typically the camera ones...) Ticket price around $250-350 and than... all kind of interesting fees...! Wonder how much would be ticket price for speeding on bicycle... or blasting through stop -_-;

If you have the time and you have a California driver's license, it's always worth at LEAST going to court to see if your cop shows up. No cop, no ticket. If you see him sitting over there chuckling with his pals, you can always get the judge to offer you traffic school (which you can do on line). I'm sure your car insurance will find out about it otherwise and jack your rates, even though you weren't in a car.

As mentioned above, take some pictures of the approach to the highway, try to find an angle where a tree obscures the sign or something and go with that.

And yeah, Governor Moonbeam signed new, dramatically higher fines into effect this year. Welcome to the wealth redistribution zone.

riding east on vista way and didnt realize that it becomes a freeway when it crosses the 5. i realized it as soon as i crossed but by then it was too late. :twitchy:

No, too late would have been if you proceeded further and attempted negotiating where the two lanes coming off North 5 merge into East 78. Very high probability you would be a statistic at this point. Sorry about the ticket but count your blessings that nothing worse happened.

As far as the suggestion to just blow off the ticket, I don't know about that. A few years back a portion of President Obama's stimulus money was put into updating states Department of Motor Vehicles and the ability to "access" information from other states. Two years ago there was a hold on my CA DL renewal, after several calls I found out the hold was from an unpaid speeding ticket in Sanders, AZ (http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=Sanders,+AZ&aq=0&oq=Sanders,+AZ&sll=33.175599,-117.351708&sspn=0.006232,0.010965&vpsrc=6&ie=UTF8&hq=&hnear=Sanders,+Apache,+Arizona&ll=35.007503,-109.209595&spn=3.10434,5.679932&t=m&z=8&ei=BFpOT9qMCYLKowTisp24Bw&pw=2) from 1988.

Good point... I went to college in NY with a MASS driver's license, which was revoked by New York at one point (in upstate NY, you will get tickets for going 61 in a 55, in CA, you'll get run over). I changed states to Georgia, then Florida, then lived overseas for 3 years and roughly 12 years later couldn't get a CA license because of that little NY issue. Had to pay a $25 ransom to get my CA license.

no, there is another sign that prohibits bicycles...the normal one on every freeway entrance that says "pedestrians and bicycles prohibited" or whatever. its just farther off to the side and you probably wouldnt notice it unless you were making a right turn on to I-5. but it is there.

Is it so far off to the side that you might argue that it only applies to the I-5 onramp?

(in upstate NY, you will get tickets for going 61 in a 55, in CA, you'll get run over).

You got that right.

That ticket I had was for doing around 75 mph or so eastbound on the I-40. Luckily I didn't caught for littering 20 miles down the road when I crossed the New Mexico border ;)

It is worth fighting but that means coming here, getting a court date to argue your case and then attending the court date.

Just an FYI all tickets in CA are expensive... ride cautiously.

It is worth fighting but that means coming here, getting a court date to argue your case and then attending the court date.

No, I disagree. I was just in traffic court for making a rolling stop. I was there for about three hours before my case was called, and I can tell you that none of the defendants called before me caught a break. None won their case, including me.

Just an FYI all tickets in CA are expensive... ride cautiously.

Very very true. I was stunned by the fines and surcharges. As pointed out in a previous post, I think the state government/local governments are under severe financial stress and have figured that traffic tickets/fines are kinda "low-hanging fruits" to be ferociously plucked.

You may wanna get a hold of the bike shop that is right there and see if they have heard of anyone else getting ticketed or out of tickets there.

Is it so far off to the side that you might argue that it only applies to the I-5 onramp?

yes. that is the thought i had in my head. im gonna take their 30 day extension and see if i just happen to be around then. i tend to wander in and out of the area. thanks for all the "support" hehe.

Look up trial by declaration. You may be able to submit a written declaration that may get you out of it. If you don't, then just pay the fine.

Look up trial by declaration. You may be able to submit a written declaration that may get you out of it. If you don't, then just pay the fine.

It may also be possible to do a walk-in appearance and to deal with the ticket in the next few days, before you leave San Diego. Call the court and ask them.

It's definitely worth arguing if you have the time. All the people above who mentioned this have a point, especially regarding taking pics if the view of the sign is obstructed, as well as appearing earlier if allowed.

I once got a ticket over 5 yrs ago from one of those cameras at a signal. The light looked quite yellow to me and my passenger. I have this theory that it was timed according to reality (whatever that is) and not my delayed human perception.

Regardless, I was later told by a law enforcement officer that one should always fight a camera ticket and they are commonly dismissed. Too bad I went to traffic school. I've noticed the camera isn't there anymore.

dont carry ID

Even if you lived here and had all the time in the world, you'll have no luck at all "fighting" this ticket.
Write a letter to the judge and send it to the address on your citation, explaining that you are guilty, but that you were visiting, were lost, and that the conditions, (heavy, vehicular traffic and narrow road) distracted you from seeing the sign.
As Perry Mason once said, "If you aren't telling the truth, say nothing."
The judge may have no mercy, but you have a better shot at a judge's mercy than anything else at this point. Worst-case scenario: they expect full payment of the $235.
Actually, you've already dodged the worst-case scenario. This could have ended much,much worse. I'm glad you're okay and I hope your letter scores some leniency from the judge. Keep it short--judges appreciate it when we take obvious measures to save their time.
Good luck and I hope the rest of your visit is less eventful.
CCinC

You may be able to challenge the ticket by mail.

Do this. I got out of a speeding ticket by mail. Since you don't live here, it isn't worth your time to show up at court, and contesting by mail does not take much time.

Even if you lived here and had all the time in the world, you'll have no luck at all "fighting" this ticket.
Write a letter to the judge and send it to the address on your citation, explaining that you are guilty, but that you were visiting, were lost, and that the conditions, (heavy, vehicular traffic and narrow road) distracted you from seeing the sign.
As Perry Mason once said, "If you aren't telling the truth, say nothing."
The judge may have no mercy, but you have a better shot at a judge's mercy than anything else at this point. Worst-case scenario: they expect full payment of the $235.
Actually, you've already dodged the worst-case scenario. This could have ended much,much worse. I'm glad you're okay and I hope your letter scores some leniency from the judge. Keep it short--judges appreciate it when we take obvious measures to save their time.
Good luck and I hope the rest of your visit is less eventful.
CCinC

+ 1

and you can genuinely say that you realised something was amiss and immediately stopped to check things - at which point the cop arrived. The cop didn't pull you over waaaay down the road.

ok cool. i didnt think of writing a letter i will try that. thanks. but how would i know who or which judge to address it to?

If you don't plan on visiting California again, you could just ignore it.

I tried that once, years ago and they went after my drivers license in my state.

im not from southern california and i was in carlsbad, riding east on vista way and didnt realize that it becomes a freeway when it crosses the 5. i realized it as soon as i crossed but by then it was too late. i stopped on the shoulder just past the on-ramp, trying to decide what to do and a cop came up on a motorcycle and issued me a citation for failing to obey posted signs. i went back to the intersection and there is a sign, but its not very obvious. i was concentrating too hard on traffic and missed it.

since i dont live here, i dont plan on being here for the date he gave me but i went on to the court website and the fine is $235!! i couldnt believe it. i figured that was a pretty minor offense. of course it is my fault and i really have nothing to contest but wow thats a lot! is that the normal fine or is it more because i was on a bike? anybody ever fight one of these before?

Can you post the exact code that you were cited for....I dont want to brag but I am good at fighting tickets. I think I can help you.

Pay up. The community needs your financial support.

Can you post the exact code that you were cited for....I dont want to brag but I am good at fighting tickets. I think I can help you.

it says "21461 (A) VC FAILURE TO OBEY SIGN - (NO BICYCLES)"

i like the idea of writing the judge. im going to do that, i just have to figure out who to address it to.

it says "21461 (A) VC FAILURE TO OBEY SIGN - (NO BICYCLES)"

i like the idea of writing the judge. im going to do that, i just have to figure out who to address it to.

You fill out this form

http://www.courts.ca.gov/documents/tr205.pdf

print it, sign it, include the check for the bail amount, and mail it to the court. Full instructions:

http://www.courts.ca.gov/documents/tr200.pdf

The address should be on the paperwork that is mailed to your home address. Most likely it will be the North County branch of San Diego Superior Court.

TrojanHorse wrote: "And yeah, Governor Moonbeam signed new, dramatically higher fines into effect this year. Welcome to the wealth redistribution zone."

Trojan, I think that's a comment that probably doesn't belong in this forum, and it's a misstatement. Governor Jerry Brown has specifically complained (http://www.vcstar.com/news/2011/sep/08/brown-expensive-traffic-fines-are-getting-out-of/) the ticket fines are too high. He hasn't signed any new higher fines into effect.

Brown vetoed Senate Bill 28, which would have would have prohibited bicyclists from talking and texting, and increased the fines for drivers violating the cell phone laws, stating that current penalties are high enough.

California isn't redistributing wealth, it's trying to pay for stuff people want - like bike lanes, ambulances that take injured cyclists to hospitals, freeway signage, etc. For 2011, the state added $4 to the cost of all tickets, used to pay for lost Medi-Cal funding.

For comparison, in 2010, under the Governator, er Gov. Schwarzenegger, the price of every state ticket was jacked up by $35 to pay for courthouse renovations. And local state governments come up with their own fines.

trojanhorse wrote: "and yeah, governor moonbeam signed new, dramatically higher fines into effect this year. Welcome to the wealth redistribution zone."

trojan, i think that's a comment that probably doesn't belong in this forum, and it's a misstatement. Governor jerry brown has specifically complained (http://www.vcstar.com/news/2011/sep/08/brown-expensive-traffic-fines-are-getting-out-of/) the ticket fines are too high. He hasn't signed any new higher fines into effect.

Brown vetoed senate bill 28, which would have would have prohibited bicyclists from talking and texting, and increased the fines for drivers violating the cell phone laws, stating that current penalties are high enough.

California isn't redistributing wealth, it's trying to pay for stuff people want - like bike lanes, ambulances that take injured cyclists to hospitals, freeway signage, etc. For 2011, the state added $4 to the cost of all tickets, used to pay for lost medi-cal funding.

For comparison, in 2010, under the governator, er gov. Schwarzenegger, the price of every state ticket was jacked up by $35 to pay for courthouse renovations. And local state governments come up with their own fines.

fail