Ticket help...

[bpowa]

So I was riding today on 84, on our way to alices, we were behind a truck. My buddy infront passed a truck in the same lane to the left. He did it because the truck pulled slightly to the right and wave us by. I then passed also because the truck was waiting for me to pass. We did not go over the double yellow. Basically lane sharing.

Now I know there are limitations with lane sharing.. He wrote up up for plates which he said was not clear to see, but I can see it fine and everyone else. he also wrote us up for VC 21750.

"21750. The driver of a vehicle overtaking another vehicle or a bicycle proceeding in the same direction shall pass to the left at a safe distance without interfering with the safe operation of the overtaken vehicle or bicycle, subject to the limitations and exceptions hereinafter stated."


It says I shall pass to the left without interfering with the safe operation of overtaken vehicle.

The guy let us pass. How do I prove it in court?

he noted that we were doing 60+ and safe was 45. This was a guestimate on his part.

Is this possible to win in court..


Can someone clarify this statement "subject to the limitations and exceptions hereinafter stated".


thanks

larry

[schteve]

I would definitely fight it since the pass was indeed safe..Go back to the same spot you initiated the violation and take many pictures and draw out a diagram for the judge..It should indicate that you were in well within a safe cushion between you, the lane, and the car..GOod luck and I would go to the library for more info..They do have a book on fighting tickets..

[bpowa]

any help or advice from leo's at all?

[monkeythumpa]

We need pics of your rear end. The bike's rear end that is, and maybe pics of your girlfriend's rear end too. That will help us with the plates deal.

As for passing, lane sharing is legal only when "safe and prudent" so if you were speeding AND passing, you are screwed on both counts. If you were not cited for unsafe speed, and the truck let you pass, you should be good. I would focus on how to prove you were not speeding. What method did the cop use to determine your speed? It should say on the ticket.

[bpowa]

not too worried about the plate, because I can get it signed off..



it does not say on ticket.. no radar box is checked out.. it was approx. 60mph. he said because he assume the truck was going 45.. 45 is the posted speed limit. no sufficient proof IMO.

heres a pic of my gf.. pervert:laughing likes her pigtailed hair pulled, when you ride her.. sharing is caring for a fellow barfer.

http://www.bayarearidersforum.com/forums/images/threads/000/199/410/3077847-2418976054.jpg

[bpowa]

pic of my rear plate... at crouching level. If you are in a car you would be looking down on it.

http://www.bayarearidersforum.com/forums/images/threads/000/199/410/3077850-cimg1048.jpg

[edmo]

If you want to fight it and actually win, you should hire Summitdog. I guess they're pretty hardcore on 84 on weekends.

[monkeythumpa]

Dude, sell that unused exhaust in the corner of your garage on eBay and use the money for a haircut and some nicer clothes. It will help you get a better looking chick.

I think this will come down to the cop's word against yours and without a lawyer the judge will focus on the shiny badge and training and experience of the cop and give little weight to your explanation. You should think about what it is worth to you to fight this or just take the hit.