Got a speed ticket for going 65MPH on the freeway

[tuxumino]

me I'd fight it just for the chance to go to court and learn more, in fact I might even consult with an attorney.
This could be a golden opportunity to see how the ambiguous lane sharing laws get played out.

that said, it's sound like the cop didn't see you and you surprised him, that probably got him agitated, so he wrote you a ticket for not keeping your distance from him.
did you see him before you got pulled over?
if so, you should have got in line with traffic and given him space.

yes I routinely "share" past CHiPs on 80 going 30-40 mph.

 

[fast4d]

I see this shit every day. saw a scooter spliting at 50 mph (top speed?) while traffic is at 5-10mph.

 

[Spec-ECU]

Oh, and don't listen to the safety penut gallery, they are all hypocrites, high probabity they have sacrificed their preaching ideas weather it be not wearing their ATGATT or hitting 66 mph...

Sergio

There's nothing wrong with "hitting 66 mph," I just think that at those speeds, it's unnecessary to be splitting or sharing.

I've never seen a packed traffic traveling at 65mph that you can't navigate your way past them just by passing and changing lanes like a car.

 

[Brokenlink]

CAR, it's a car. I've never seen a card driving 65 before.

 

[auntiebling]

Today I just got a “speed” ticket for going 65MPH on 880 SB, the LEO called the” 22350 VC Unsafe speed for conditions”… … I was sharing the line while I was doing 65MP which means the other cards was doing 60MPH or less but the LEO said that is way to fast to “split traffic” and I told him I was not splitting traffic I was sharing the lane to which he respond “that is what I said splitting traffic”.

He also told me that he was about to stop a Mercedes that was driving in the carpool alone but that he almost run me over trying to stop the Mercedes that is why he decide to stop me because my riding was so unsafe. This do not match because I shareline with that Mercedes like 2 cards before I pass the LEO. Which btw behind this Mercedes was another fellow rider.

I want to take this to court and I am looking for an orientation from any of you on how I should approach this at court and what I should be prepared with.

i'm pretty sure you're not a native english speaker, so if i may:

cards:

cars:

lineshare should be laneshare.
there are four (4) LANES in this picture, separated by various LINES.

english is a bitch of a language, if you have any hope of fighting this in court and winning you need to get some basics down or the judge is going to think you're an idiot. they shouldn't hold your language capability against you, and they won't do it on purpose, but it happens.

good luck, i've split lanes at freeway speed and if i'd been cited for it i wouldn't have fought. "safe for conditions" is the catch all law that lets cops cite you for being an idiot and you got caught.

 

[ST Guy]

Take it to court and you'll lose. Splitting or sharing when traffic is running at or near the limit is unecessary. And 99% of law officers will deem it unsafe and cite you. Sorry, you lose.

 

[summitdog]

Scan in the citation and email it to me. I will give you a free consultation on your options.

I will be planning some additional "Know Your Rights Seminars" for the upcoming months, perhaps I should add the "Fight Your Ticket" seminar to the agenda.

Scotty

 

[nvp]

Law aside, you're gonna die if you keep that sh*t up. It's wholly unsafe.

 

[RPegasso1]

i'm pretty sure you're not a native english speaker, so if i may:
.

Fixed, Yes I’m not, sorry if I get to offend your language…

Take it to court and you'll lose. Splitting or sharing when traffic is running at or near the limit is unecessary. And 99% of law officers will deem it unsafe and cite you. Sorry, you lose.

Thank you, mainly that is more important to know what my chances are.

Scan in the citation and email it to me. I will give you a free consultation on your options.

I will be planning some additional "Know Your Rights Seminars" for the upcoming months, perhaps I should add the "Fight Your Ticket" seminar to the agenda.

Scotty

I'll do, thx

 

[High-Side]

I believe the hand book says sharing is ok up to speeds of 35mph


ok well the Moto. Hand book says DO NOT lane share. at all.

http://www.dmv.ca.gov/pubs/dl655/dl665mcycle.pdf

page 15

No, the book says "Lane Sharing: Cars and motorcycles each need a full lane to operate safely. Lane sharing is not safe.
There is a difference between DO NOT and NOT SAFE.
Most people feel riding a motorcycle is NOT SAFE, but I ride anyway.

 

[ZiXeR636]

hmm I'm no law expert but I'm thinking if you take this to court and the cop says "I almost hit him as a result of his lane sharing", then I think the judge will side with him and you will get ass raped.

I stop lane sharing as soon as I see a cop...unless we are in bumper to bumper traffic.

 

[Carlo]

Perhaps you can cite from the vehicle code where this is written?

Perhaps you can cite from the vehicle code where anything at all is written about "lane sharing"?

Since lane sharing is an interpretation of the lane usage laws, and not something that's defined in the vehicle code, lane sharing policy is also up to interpretation, based on common sense.
Common sense tells us that if traffic is moving at 60 miles per hour, lane sharing isn't necessary. It also tells us that lane sharing at over 30 mph is potentially dangerous.

He deserved the ticket. Too bad a commuter lane violator was let off the hook because of his foolish behavior.

 

[GAJ]

If your time is worth nothing, take it to court and let us know what the judge says.

Sounds like the Cop was not out of line for the reasons others have mentioned here.

 

[EastBayDave]

Scan in the citation and email it to me. I will give you a free consultation on your options. I will be planning some additional "Know Your Rights Seminars" for the upcoming months, perhaps I should add the "Fight Your Ticket" seminar to the agenda. Scotty

Is this Scotty guy awesome or what???!??!!!

Try the trial by written dec. & if that fails try traffic school (if you can.) If you have to deal w/officer & judge in court I feel the outcome will not be in your favor.

I will split up to typically 40ish or so on the freeway (depending on traffic & lane width/safety.) If there's a bunch of trucks side-by-side equalling a narrow split on a 4 lane = nope. This is not rocket science; what does that little voice in the back of your head tell you? (Listen to it.)

Sharing is nice to have here; let's not piss everyone off to the point it get's outlawed like all other states by sharing dangerously.

FWIW, IMHO

 

[Carlo]

me I'd fight it just for the chance to go to court and learn more, in fact I might even consult with an attorney.
This could be a golden opportunity to see how the ambiguous lane sharing laws get played out.

that said, it's sound like the cop didn't see you and you surprised him, that probably got him agitated, so he wrote you a ticket for not keeping your distance from him.
did you see him before you got pulled over?
if so, you should have got in line with traffic and given him space.

yes I routinely "share" past CHiPs on 80 going 30-40 mph.

Seems like a pretty damned expensive way to learn more about lane sharing. Attorney's fee, plus court costs, plus the judge will probably give you the maximum fine for being so presumptious as to assume you could get off the hook on this one.
Just pay your bail and be done with it, you're getting all you need to know here.

 

[auntiebling]

Fixed, Yes I’m not, sorry if I get to offend your language…

none taken

 

[Burning1]

I am sure weather, visibility, surface/width are not the issue. The hardest part in court will be fabricating an argument that splitting lanes at this speed was not putting people/property in a safety issue. In court the cop can make a strong argument for people's property being at risk during the sharing manuover. From this point I would not know how to make a concrete argument for your defense.

Sergio,

Remember that this is not a Prima Face citation. It's the officer's responsibility to show that the speed was unsafe. I would advise the OP to prepare a counter argument against the officer's testimony as well as a defense against the citation it's self.

With that said, I think the OP would have a reasonable chance of winning this with a laywer, and a low chance of winning it himself. I've seen judges convict in a number of cases where the law wasn't on the officer's side, and they simply didn't think the defendant was being safe.

 

[Just J]

well if you do that and this officer sees you he will give you a ticket too, he said split traffic is for 25mph or less.

On multiple occasions, I have split by a cop at around 25-30 mph.

I agree that it is up to their discretion whether or not they want to pull someone over and cite the driver

I remember lane sharing past a car at 15 mph and I got pulled over. No ticket but I think the cop was using it as an excuse to check my bike for 'illegal modifications' (rear turn signals not far apart enough, bla bla bla)

 

[Carlo]

Is this Scotty guy awesome or what???!??!!!

Sharing is nice to have here; let's not piss everyone off to the point it get's outlawed like all other states by sharing dangerously.

FWIW, IMHO

It's a rare priveledge, and should be respected. Every rider who abuses it by splitting lanes (let's not split hairs here, splitting and sharing are really the same thing!) when traffic is moving smoothly at over 40 mph gives the general public one more reason to push for a law banning it.

When I'm down that way, I won't bother doing it unless traffic is nearly stop and go. (well, really, other than I-5, I avoid all the freeways when possible)
I'll get where I'm going soon enough.

 

[Ant]

Mucho confused Ant here regarding the verbage you guys use. I don't split lanes and all that stuff so can someone please explain to me what the OP did that was illegal and unsafe ? I thought you guys were pro lane sharing and do the same thing he did.