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Old 10-05-04, 10:19 PM   #1
rickbiker
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Police give me ticket, what should I do?

Dear All Biker
I went out for a ride this morning. I ride up to a traffic light and make a right turn in a residential neighborhood. After looking both ways and make sure I am not blocking the traffic, I move to the left far lane prepare turn left in the next block

By the time I realized there was a motorcycle officer behind me I was already half way through to the intersection so I decided to keep on riding. Well, a few seconds later I heard behind me the sirens coming from the motorcycle police and I thought "What did I do was wrong? ". The police officer yells me to pull over on the side and than he give me a ticket for using the fast lane. He said my bike was going too slow and block the traffic behind me. He also told me go to DMV to find out the rule of riding a bicycle on the street.

On the Violation ticket description section he wrote down “CUC 21966 Bike Lane Use” and circle INFRACTION.

I been driving for over 20 year and always have a good driving record, and the last time I got a driving ticket was more than 10 year ago. This is the first time I received a ticket for riding bicycle on the street, I was so suspire that police will give me ticket for that reason when I thought I fellow the rule.

I want to know if this bicycle ticket will go on my driving record?
Do I need to go to traffic school for this ticket?
Which dept should I contact for more detail regarding of this ticket?

Thanks for any input

Los Angeles. City of San Marino

Rick
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Old 10-05-04, 10:46 PM   #2
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Quote:
Originally Posted by rickbiker
I want to know if this bicycle ticket will go on my driving record?
Do I need to go to traffic school for this ticket?
Which dept should I contact for more detail regarding of this ticket?
The ticket will not go on your driving record for two reasons:

1. The bicycle you were riding is not a motorized vehicle.

2. You do not need a license to ride a bicycle.

As far as who you should contact, it should be indicated on the ticket.

I can't answer about the traffic school.
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Old 10-05-04, 11:09 PM   #3
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If you can take traffic school and get the ticket dismissed, you probably should do so. You'll probably be the only one in class for going too slow!
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Old 10-05-04, 11:24 PM   #4
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Quote:
Originally Posted by toolbox63
The ticket will not go on your driving record for two reasons:

1. The bicycle you were riding is not a motorized vehicle.

2. You do not need a license to ride a bicycle.

As far as who you should contact, it should be indicated on the ticket.

I can't answer about the traffic school.
Thanks for your reply.
The police officer use my driver License to wrote me that ticket, he also mention that will go on my driving record. I hope he just try to scare me. Anyway, I will stop by police station or court to find out what should I do. Thanks anyway.
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Old 10-05-04, 11:49 PM   #5
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How much was the ticket?
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Old 10-05-04, 11:52 PM   #6
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Repost, just in case you didn't see this in the commuting forum. This thread was posted in multiple forums and apparently "moderated" to this one.

I'm guessing that's actually CVC, as in california vehicle code, the entirety of which is available online at www.dmv.ca.gov.

As others have already pointed out your use of the left turn lane should have been perfectly legal, but as you'll see if you continue reading that doesn't even matter in this case 'cause officer not-so-friendly screwed up the citation.

The section you quoted above, if in fact that's what is actually written on the ticket, has nothing to do with left turn lanes, or even bicyclists for that matter.

See for yourself: http://www.dmv.ca.gov/pubs/vctop/d11/vc21966.htm

"21966. No pedestrian shall proceed along a bicycle path or lane where there is an adjacent adequate pedestrian facility."

Show that to the judge and ask him what it has to do with you making a perfectly legal left-hand turn.

-Trevor
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Old 10-06-04, 12:11 AM   #7
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wow...what does he expect you to do...make a left turn from the right most lane? that should be interesting
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Old 10-06-04, 02:25 AM   #8
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I can't tell from your post whether you were pulled over for *turning* from the left lane, or for *preparing* for a left turn by being in the left lane some distance before the intersection. If the latter, you may have a difficult time fighting the ticket, and I wouldn't recommend that course of action. Even if you don't care about paying the ticket if you lose, your loss in traffic court will make it that much harder for someone fighting an illegitimate ticket for turning left in a turn lane, or something, to win later.

You definitely *will* have this ticket on your driving record in California. It counts against your motorized vehicle license. Don't listen to those who say otherwise.

So, you should go to traffic school to get the ticket tossed, but you still may have to pay higher insurance premiums. The offense is expunged for purposes of points totalling toward suspension of your license, but I think the DMV will still inform your insurance company.
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Old 10-06-04, 03:46 AM   #9
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Talk to a lawer(they really do have good advice, they spent years in school studying the subject), take it to court, supeana the officer and have the cop explain his BS to a judge.
Any vehical, even tractors and bicycles, can use the fast lane during the course of a manuver such as a left turn. They are not to remain in the fast lane but they can use it.
It's kind of the same principle as passing someone, it is legal to exceed the speed limit while passing because it reduces your time in the oncoming lane and is nessesary to pass at period, in many cases.
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Old 10-06-04, 06:12 AM   #10
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Just to let you know, he got cited for not using the bike path on the road not for making a left.. At any rate even if i'm wrong, the police officer shoudl've told you exactly why he was writing his ticket when he was doing so.

Here in Toronto, I got stopped for hanging a right on a red (sign that said you couldn't do see). The penalty was $110 and 3 demerit points off your DRIVERS license.
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Old 10-06-04, 06:43 AM   #11
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Quote:
Originally Posted by toolbox63
The ticket will not go on your driving record for two reasons:
1. The bicycle you were riding is not a motorized vehicle.
2. You do not need a license to ride a bicycle.
As far as who you should contact, it should be indicated on the ticket.
I can't answer about the traffic school.
Be careful about taking legal advice about California law from an anonymous NYC rider.

In Ohio, bike tickets can go on your drivers license, but I haven't a clue about California. You can fight your ticket yourself, but having a lawyer who knows the system would be helpful. If you can, contact a local bike advocacy organization. They may have a bike-commuter attorney willing to help. Who knows, you might even get a price break.

Doing your own legal work is like doing your own electrical work. You might be able to do it just as well, but you never know when you'll get zapped for a mistake.

Last edited by Daily Commute; 10-06-04 at 06:48 AM.
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Old 10-06-04, 06:44 AM   #12
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the officer should not have used your drivers license number at all on the ticket (at less that is the case here in alabama where a class D license is for a motorized vehile under a set weight, since a bike does not have a motor a drivers license is not required) I had to prove this to the cop that came when I was hit on my bike b/c he said he was going to give me a ticket for not having my drivers license while riding my bike (something I NEVER carry is my drivers license, I have a photo ID with me but that is it) I do not know what the definition of a drivers license is in CA, but if it says motorized then you should be in the clear on that part at less
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Old 10-06-04, 08:39 AM   #13
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Quote:
Originally Posted by Daily Commute
Be careful about taking legal advice about California law from an anonymous NYC rider.

In Ohio, bike tickets can go on your drivers license, but I haven't a clue about California.
What about the people in Ohio who ride bicycles and do not have a drivers license?

You do not need a Department of Motor Vehicle's "Drivers License" to ride a bicycle on a public street. You are not required to carry your "driver license" while riding a bicycle and if you are carrying it and do give to a police officer, then that is your mistake.
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Old 10-06-04, 08:43 AM   #14
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California, they do use it against your license.

As far as making aleft hand turn, you need ot find out what the law is regarding that. If you wrere in the right, challenge it, otherwise take the traffic school.

I always take up the turn lane, and police officers never gave me any crap over it...i even had a cop sitting right behind me a few times.
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Old 10-06-04, 08:50 AM   #15
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Was there a bike path in the area you were at? Could you have been using the bike path to get to your destination?

Is there a "minimum" speed sign posted on that road and/or a sign saying "non-motorized vehicles not allowed"?

If your answer is no to those questions.. then they are full of it!

I don't know anything about California laws, but man, I think you would have a damned good chance to get that ticket tossed out of court, provided the above questions are all "NO".

I asked a friend from the LBS about bicycle tickets/offenses in WI, he said they do go on your driving record, but I'm not sure if he is really that well informed of the system here in WI. I think I will stop taking my driver's license with me though cause I am bad and I run lights on a regular basis.
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Old 10-06-04, 08:52 AM   #16
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Quote:
Originally Posted by rickbiker
The police officer yells me to pull over on the side and than he give me a ticket for using the fast lane. He said my bike was going too slow and block the traffic behind me. He also told me go to DMV to find out the rule of riding a bicycle on the street.
Where is this cop when I drive on the Interstate, and 37 cars are driving in the left lane below the speed limit? I could write 500 tickets/day!

Anywho, I would do some research, and consider going to court and fighting this ticket. It sounds like you may have a case.
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Old 10-06-04, 09:06 AM   #17
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Originally Posted by catatonic
California, they do use it against your license.
What about the people in California who ride bicycles but do not have a motor vehicle driver license?

How can a ticket issued by a police officer for a traffic infraction while riding a bicycle, legally go on your motor vehicle driver license record, when you are not required to have a motor vehicle driver license for riding a bicycle?
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Old 10-06-04, 09:09 AM   #18
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Quote:
Originally Posted by toolbox63
What about the people in California who ride bicycles but do not have a motor vehicle driver license?

How can a ticket issued by a police officer for a traffic infraction while riding a bicycle, legally go on your motor vehicle driver license record, when you are not required to have a motor vehicle driver license for riding a bicycle?
If you have a license, you are legally obligated to show it to a cop upon request. Although you don't have to carry the license while biking, the cop can detain you until he has adequate proof of your identity. With that proof of identity, he can get your drivers license information. What if you don't have a license? Well, I guess you get a break.
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Old 10-06-04, 09:13 AM   #19
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Quote:
Originally Posted by rickbiker
Thanks for your reply.
The police officer use my driver License to wrote me that ticket, he also mention that will go on my driving record.
Now this alone is an interesting aspect. There is no law that says you have to show a driver's licence while on a bike. You do need some form of ID (heil big brother) but not a driver's license.

I wonder what the police would have done if you just whipped out a work or student ID?
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Old 10-06-04, 09:19 AM   #20
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this thread makes me want to go to another state and get an ID card. Not a driver's liscense, but an ID card from the other state. Would that help if you get pulled over? You're providing proof of your identity, but it's not a driver's liscense, and not from the state you're in.
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Old 10-06-04, 09:22 AM   #21
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I think Trevor is right... in fact in the CA vehicle code at:
http://www.dmv.ca.gov/pubs/vctop/d11/vc21202.htm

or code 21202 it specifically states:

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.

This also supports you:
http://www.dmv.ca.gov/pubs/vctop/d11/vc21208.htm

21208. (a) Whenever a bicycle lane has been established on a roadway pursuant to Section 21207, any person operating a bicycle upon the roadway at a speed less than the normal speed of traffic moving in the same direction at that time shall ride within the bicycle lane, except that the person may move out of the lane under any of the following situations:

(1) When overtaking and passing another bicycle, vehicle, or pedestrian within the lane or about to enter the lane if the overtaking and passing cannot be done safely within the lane.

(2) When preparing for a left turn at an intersection or into a private road or driveway.

Fight this!
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Old 10-06-04, 09:31 AM   #22
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Quote:
Originally Posted by genec
Now this alone is an interesting aspect. There is no law that says you have to show a driver's licence while on a bike. You do need some form of ID (heil big brother) but not a driver's license.

I wonder what the police would have done if you just whipped out a work or student ID?
Play ID games with a cop at your own peril.
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Old 10-06-04, 09:43 AM   #23
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Quote:
Originally Posted by rickbiker
Dear All Biker
I went out for a ride this morning. I ride up to a traffic light and make a right turn in a residential neighborhood. After looking both ways and make sure I am not blocking the traffic, I move to the left far lane prepare turn left in the next block

By the time I realized there was a motorcycle officer behind me I was already half way through to the intersection so I decided to keep on riding. Well, a few seconds later I heard behind me the sirens coming from the motorcycle police and I thought "What did I do was wrong? ". The police officer yells me to pull over on the side and than he give me a ticket for using the fast lane. He said my bike was going too slow and block the traffic behind me. He also told me go to DMV to find out the rule of riding a bicycle on the street.

On the Violation ticket description section he wrote down “CUC 21966 Bike Lane Use” and circle INFRACTION.

I been driving for over 20 year and always have a good driving record, and the last time I got a driving ticket was more than 10 year ago. This is the first time I received a ticket for riding bicycle on the street, I was so suspire that police will give me ticket for that reason when I thought I fellow the rule.

I want to know if this bicycle ticket will go on my driving record?
Do I need to go to traffic school for this ticket?
Which dept should I contact for more detail regarding of this ticket?

Thanks for any input

Los Angeles. City of San Marino

Rick
What a steaming load of horsesh*t. You are supposed to ride as far to the right as you can in WHATEVER LANE IS APPROPRIATE FOR WHERE YOU ARE RIDING! Hence, if you are riding down the road, you stay to the right side of the right lane. If you are making a left turn, you ride to the right side of the left turn lane. Stupid bullsh*t...

Check your local vehicular code. Fighting this in court should be a cakewalk, because the officer is obviously wrong on this one.
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Old 10-06-04, 09:46 AM   #24
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I think genec's got the idea. To fight a ticket, first look up the statute you were cited for allegedly violating. If you're guilty, just pay the fine, go to traffic school (often good for gore films), or do whatever might be appropriate. If you're not guilty, go to court and articulate why the elements of the violation don't match with the actions you were cited for. I'm always amazed why people bother hiring a lawyer to fight a piddly violation...it's like chopping off your arm because you've got a wart on yout thumb...you usually end up wasting more money, time, and effort than if you'd paid the fine in the first place.
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Old 10-06-04, 09:51 AM   #25
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Quote:
Originally Posted by Daily Commute
If you have a license, you are legally obligated to show it to a cop upon request. Although you don't have to carry the license while biking, the cop can detain you until he has adequate proof of your identity. With that proof of identity, he can get your drivers license information. What if you don't have a license? Well, I guess you get a break.

You are legally obligated to show a Department of Motor Vehicle Driver License upon request by a police officer, when you are operating a motor vehicle.

You are not legally obligated to show a Department of Motor Vehicle Driver License to a police officer, when you are riding an non-motorozied bicycle.

If the police officer does find out your license information by other means, it is improper for the police officer to indicate your license information on the summons (ticket), issued for a traffic infraction while you are riding a bicycle.

Last edited by toolbox63; 10-06-04 at 10:21 AM.
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