Saturday, December 26, 2009

I Got a Ticket For Christmas




Actually it came in the mail a few days before Christmas. It was for "failure to keep right" and it was from the November 3rd incident. I understand that the driver got 2 tickets, one for the illegal pass and the other for swerving and stopping short in front of me. I plan to fight my ticket. I'll have more info when the case is resolved.

The school bus driver from a few weeks ago apparently got a good talking to by his bosses and some retraining. Those darn funny shaped signs with the word stop written on them can be pretty confusing.

6 comments:

fred said...

http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&d=stats&jd=346.80%282%29%28a%29

The above statute may serve your case. I think getting clipped by a passing car is a good indication of "not safe".

fred said...

This one is clearer:

346.80 Riding bicycle or electric personal assistive
mobility device on roadway. (1) In this section, “substandard
width lane” means a lane that is too narrow for a bicycle or
electric personal assistive mobility device and a motor vehicle to
travel safely side by side within the lane.
(2) (a) Any person operating a bicycle or electric personal
assistive mobility device upon a roadway at less than the normal
speed of traffic at the time and place and under the conditions then
existing shall ride as close as practicable to the right−hand edge
or curb of the unobstructed traveled roadway, including operators
who are riding 2 or more abreast where permitted under sub. (3),
except:
1. When overtaking and passing another 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 unsafe conditions,
including fixed or moving objects, parked or moving vehicles,
pedestrians, animals, surface hazards or substandard width lanes
that make it unsafe to ride along the right−hand edge or curb.

This last paragraph is the catch-all, specifically the reference to substandard width.

I have a collection of documents from my two citations, dismissed prior to the court date (motion to dismiss) that may be of help. If you'd like to see them, the pdf download is:

http://www.humanpoweredmessages.com/trafficstopcollection.pdf

Grendel said...

Sounds like the PD needs retraining. That lane was too narrow to share so center of the lane was wholly justified, right wheel track would be too far right as it encouraged motorists to try to squeeze past.

DP said...

I agree. You were riding too generously in that situation. I would have been riding much further to the left. The lane was much too narrow. The idea that your local police could think for any moment that you were too close to the right is absolutely ridiculous and shows their incompetence.

danc said...

Mr Jeff:

Personally I think the motor vehicle driver is at fault and this citation "failure to keep right" is wrong.

Here is California cyclist guide which might help you prepare your defense: Lessons Learned from Fighting a Wrongful CVC 21202(a) Citation [Far to Right rule ~ 346.8].

I've seen several of your videos and believe you would be far safer riding to the left or near the center of the travel lane to discourage the unsafe passing in a narrow lane. Good Luck!

Anonymous said...

Sorry to hear not only did you have that scary incident, but that an officer of the law can even think that it could be your fault. There are a couple of frames at the beginning of the video that show really well how the road narrows and how it was safer for you to take the lane. If this one doesn't go your way, there is something seriously wrong with the system down there!

Keep up the good work BikeSafer!