Husband was commuting to work on a route he does regularly, on a bike with a very good head and tail light. He was westbound on Foothill Blvd. coming out from the RR overpass. The officer listed the place as Route 66 (AKA Foothill Blvd.) and Compromise Lane. Husband says the officer followed him from the previous light east of the RR overpass and then under and out of overpass and then pulled him over. Husband says road was roughly repaired after being torn up plus the road was narrow along that section, so he had taken the right third of the right-hand lane.
On ticket, the officer wrote on the first line "21202 (a) V.C. NOT AT EDGE-", Circled "I" for infraction and on the next line wrote "OBSTRUCT TRAFFIC" and then on the next line after that wrote "(Attempted Warning)" The weather, according to the ticket was "Dawn, Clouds" and "Dry" was checked; time was listed as 6:17 (a.m.). Under traffic, officer checked heavy AND medium. Husband says traffic was light to medium and he was traveling about 28mph at that point; speed limit there is 45mph or more. Husband says he tried to politely explain why he was away from the right, but officer did not want to listen (husband's mistake, I know! )
I feel my husband should go and take pics of the pavement and road before, under and after the RR overpass and go to court. I think the ticket is pretty bogus and the officer was bored or irritated or something.
Opinions or advice on action to take? Any other CA vehicle code we should look at?
The CA Vehicle Code 21202(a) says the following (the highlights are mine):
"Operation on Roadway
"21202. (a) Any person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at that time shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
"(1) When overtaking and passing another bicycle or vehicle proceeding in the same direction.
"(2) When preparing for a left turn at an intersection or into a private road or driveway.
"(3) When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge, subject to the provisions of Section 21656. For purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.
"(4) When approaching a place where a right turn is authorized.
"(b) Any person operating a bicycle upon a roadway of a highway, which highway carries traffic in one direction only and has two or more marked traffic lanes, may ride as near the left-hand curb or edge of that roadway as practicable.
Amended Sec. 4, Ch. 674, Stats. 1996. Effective January 1, 1997."