Finally! CVC 21202(a) Appeal Successful; Charges Reversed and Dismissed

It only took 15 months, but last Friday the Appellate Division of the San Diego Superior Court ruled in my favor to overturn and dismiss the “Fail to ride to the right” charges from March 2009 (full story here). From the court order:

The judgment is reversed and the charges are dismissed in the interests of justice. (People v. Kriss (1979) 96 Cal.App.3d 913.) As the People concede, the trial court erred in interpreting Vehicle Code section 21202 as requiring Appellant to ride his bicycle to the right of traffic under the conditions presented here.

It’s interesting to note that the appellate judges did not rule on lack of evidence that my speed was less than the normal speed of traffic (the City Attorney’s concession), but instead said that the trial court “erred in interpreting” the CVC 21202. I think they must have agreed on more points than just the speed argument!

I still haven’t been refunded my $165 fine. Hopefully I’ll get it in less than 15 months.

Bike Commuting as a “Life Style Choice”

A friend said something the other day that really caused me to take pause.  She said that my bike commuting was a Life Style choice, and she was really glad that I enjoyed it and got great benefit from it, but that it isn’t the choice for everyone.

This really opened my eyes to how I’m viewed by my family and co-workers.  Am I some guy who’s made a fairly radical “Life Style Choice” by getting to and from work on a bicycle?  That’s certainly not how I see it, but the more I think about it, the more I see her point. 

It’s customary that whenever someone is transferred from my office, we have a party where some small tokens or gag-gifts are exchanged.  Without fail, I always receive some sort of bicycle related thing (reflective gear, a bell, etc).  It annoys me, because cycling is just how I get to work, and a small part of how I spend my weekends.  I also love baseball, books, soccer, beer, engineering, etc.  I don’t wear spandex or cycling shoes

But is my assessment accurate?  Am I portraying to the world the person I am, or am I portraying my mode of transport?  I do spend an awful lot of time reading cycling related content.  I spend a lot of my disposable income on bicycle parts and expenses.  And I show up at work everyday slightly sweaty carrying a pannier.

What am I doing “wrong” that my friends, family, and co-workers aren’t seeing the complete me, but instead are focusing on the part of me that enjoys and utilizes cycling?  Is it my behavior, or is their view of me tinted by their lifestyle choices and prejudices?  I don’t want to be “that bike guy.”  I want to be an example of how easy it is to incorporate cycling into a completely normal life.  Clearly, I’m failing in that pursuit. 

Just what the Court ordered?

If you've spent any time in traffic court, or have acquaintances who have, you are probably aware that the vast majority of cases are settled by the driver accepting a sentence to Defensive Driving School, or some other form of Driver Education. They have to pay for the class, but usually get a break in their fine, and fewer points are deducted from their license. So the driver wins, and the community wins in that a bad driver is now being exposed to education (I say "bad driver" because they did something that warranted a ticket, so they can't be a perfect driver, right?). There's another entity that wins in this scenario also: The Driver Education company. They have a court-mandated steady supply of customers, they can charge pretty much whatever they want for the class, and they are able to educate drivers.


So why doesn't this happen with cyclists?


It does in a few places around the country. There's even a model here in California. Santa Cruz County, on the north shore of Monterrey Bay, has a cyclist education program that offending cyclists can be ordered to in lieu of paying a fine in traffic court.


There are so many benefits to a system like this, both obvious and subtle, that I probably can't even think of them all. First, the obvious, and already mentioned:

-Cyclists who need bicycle safety training are ordered to get it!

-The organization that gives the training has a steady supply of students.

And the not so obvious. . .

-The organization that gives the training will, indirectly, be training the police and the courts about proper and safe cycling!

-Cycling advocacy and education becomes a real and accepted entity within the city government. No longer working from the outside, but sitting at the table with decision makers.

-The groundwork is set for positive police/cyclist interaction. Police can pull over cyclists and know that they are actually helping them, rather than giving them a hugely expensive ticket for a seemingly minor infraction.

-Cycling is legitimized in the minds of police and courts (after all, there's a county/city supported education program).



There's probably more benefits that I can't think of or articulate right now. This is an idea worth pursuing. The infrastructure is there (police, education system, courts, etc). Now, how do we get them all on the same page? San Diego wouldn't be the first place to do this, so it can't be that hard!

Lessons Learned from Fighting a Wrongful CVC 21202(a) Citation

In March 2009 I was cited for violating CVC 21202(a). The Police Officer understood that code as mandating that bicycles always operate as far to the right as possible. You can read the Court Transcripts, My Appellant’s Opening Brief, and the City Attorney's Respondent’s Brief. I was found GUILTY in court, but was able to convince the City Attorney that I was not in violation, and they agreed that the trial decision should be overturned. It may be several more months before the Appellate Judges actually issue a decision, but with the City Attorney’s endorsement, they will overturn the traffic court decision.

The following is a list of things I wish I had known or wish I had done differently in dealing with this entire situation. Perhaps you can learn from my experiance:

1) Make sure you know the vehicle code pertaining to bicycles, verbatim, and don’t violate it. If you aren’t operating in conjunction with the law, you don’t have a leg to stand on and you make all cyclists look bad.

2) If you are pulled over, and it is apparent that the law enforcement officer does not understand the law, do your best to not argue the point. Road-side “educating” will, most likely, not end in a handshake and a heartfelt “take care.” It will end in a ticket. Avoid the ticket and ensuing court battle by keeping your mouth shut, taking the “lesson” the officer is teaching you, and moving on. Make sure you get the officer’s name for the next step. . .

3) Correct improper law enforcement by contacting the officer’s superior after the incident. This gives you a chance to review the pertaining section of the vehicle code to ensure you are 100% correct, gather your thoughts and your argument, and present both in a much more clear and less emotional manner. You are calling the superior because you are concerned for cyclists’ safety and police misunderstanding, not as a personal vendetta.

4) Contact your City Council member and inform them that their efforts to educate law enforcement are inadequate.

5) If you do find yourself with an unjust citation you have 3 options:
1. Pay the fine
2. Contest the citation via mail-in argument. This gives you a good opportunity to write out a well-argued position, and really remove emotion from the discussion.
3. Take the matter to court. Be aware that going to traffic court requires a visit to the courthouse prior to the actual trial, as you will have to appear before a judge to enter your Not Guilty plea, and set a date for the actual trial.

****6) If you have decided to take the matter to trial, arrive PREPARED! Contact the SDCBC and attain expert witness (certified cycling safety instructor) to testify on your behalf. Do not assume that facts and logic will prevail. Assume, rather, that you are responsible for proving not only that you weren’t violating the vehicle code, but are responsible for showing why the vehicle code was written the way it is. You have to assume that the judge and police officer are anti-bicycle and don’t like bicycles in the traffic lanes. You have to prove not only that you are allowed in the lane, but WHY you are allowed in the lane. Bring cycling safety instructions. Bring expert witnesses. Be Prepared!****

7) If you are found in violation in court, contact SDCBC and appeal! The appeals process is not simple, but it isn’t impossible to navigate on your own. Legal assistance would be very helpful during the process. It can be time consuming, confusing, and difficult, but the results may prove well worth the effort; not just for you personally, but for all cyclists in California.

8) Contact the San Diego City Council and tell them what you’ve been through because of their inability to educate law enforcement.

PLEASE feel free to contact me if you have any questions about how to proceed in any situation. I’m not an expert, but I’ve been through the whole process and can certainly lend a hand or give advice on how to proceed. I am not a lawyer, just a guy who’s been through the ringer on this one. Avoid my pain.

Greening With Envy

This morning on the ferry I read the following article from this month's Atlantic:

Greening With Envy - The Atlantic (July/August 2009)

To paraphrase: When given information comparing an individual's eco-friendliness/energy efficiency to his neighbors, the individual is likely to change his behavior to fall more in line with the normal.

And I thought, "I wonder how one could apply this to other aspects of the movement towards sustainable living?"

(ed note: I despise the use of the words "sustainable" and "green" as synonyms for environmentally friendly, but as they have become the convention, I'll acquiesce.)

Could you leave notes on the windshields of F-250 pickups comparing their use of oil to the neighborhood average? Could this practice curb the over watering practiced by several apartment complexes around my home?

Better yet, could you lie about what "normal" is, thus forcing a change in perception? That's basically just advertising, but it could be pretty effective. For example, a billboard that says, "50% of San Diegans ride a bike every week, do you?" or, "3 out of 5 drivers pass cyclists no closer than 3 feet." Who said that advertisements have to be accurate?

Talky, talky, talky

I just posted all of this on a forum I frequent, http://www.sdbikecommuter.com/. I'll repost here becuase its a blowhard rant, and I'm a blowhard.

This is a bit long winded. . .It seems to me that private business is the driving force behind nearly every major change in our culture. It would be really great to see private businesses realize the benefits of embracing cycling, and promote it. Henry’s Market (on Park Blvd, near El Cajon, University Heights) is less than a mile from my house. Whenever I need to pick something up I ride over there and get it. It takes me less time to hop on my bike, ride over, and lock up then it would to drive and have to find parking.Henry’s is always crowded. You always have to wait for a register. And the vast majority of people shopping there are picking up one, or maybe two, bags of groceries. It isn’t the kind of place where housewife’s shop for families of seven. The parking lot is always full, to the point where there are cars driving around looking for spots to park. Yet the bike rack is almost always empty. There maybe a beach cruiser or two locked to the elementary school-style rack. I don’t get it. Of all the businesses in San Diego, I would think that Henry’s would/should attract the kind of people who would be very open to cycling as a real means of transport. All of its customers are choosing to spend more on groceries that are fresh, local, and organic. Yet they all drive their cars a few blocks to buy these groceries. I don’t know the exact details, but I can’t imagine that a very large percentage of Henry’s sales come from people who live more than 3 miles away. These people live close to the store. The weather is perfect. They are health and earth minded people. But they drive to the market.So what can be done to change this? I think that Henry’s could do a lot! They could start by putting in much better bike racks. They could offer a discount to customers who ride bicycles (they already give a five cent discount for people who bring their own bags). This has been a long and probably boring rant. I guess my point is, or my question is, how do we get businesses like Henry’s to realize that promoting cycling is in their best interest? Are there some other business that might be open to this kind of “intervention”? To really change things we need big businesses not directly associated with cycling to start beating the drum.
Another thought just came to me. Think back 4 or 5 years. How many people brought their own sacks to the grocery store? I think very few. Then what happened? Did the government make laws against plastic bags? (they did in a few places, but not here). The grocery stores started promoting re-usable bags. They sold them right by the register (made it convenient). They offered discounts for users (incentivized). And environmental organizations raised the issue and promoted re-useable bags as an environmentally responsible behavior (social pressure). Now how many people re-use bags? Lots more, right? I don’t have real numbers, but there has been a significant change. Now there is discussion of legislation banning plastic sacks. Legislation follows social action in most cases. How can we apply this model to the use of bicycles?