OFF TOPIC>>> Traffic tickets, challenge every one of them.

I got a traffic ticket in December for passing a car (in the carpool lane) on my motorcycle using the inside shoulder of highway 101 heading north. Basically I passed in the center divider shoulder and was "spotted" by a CHP officer 2 lanes to the right. He pulled me over and ticketed me for crossing the center divider and gave me a lecture on riding safely and I just cooperated and went home.

I decided to challenge the citation via "trial by written declaration". You write a statement and then the officer has to write his side of the story. I also sent my statement and facts with diagrams from Google earth stating basically that the officer could not have seen me cross the line being my tire width is about 4” wide and the stripe is 3.5” wide. I got highway lane width info from Caltrans as well and incorporated it into my explanation which basically came to state that there was no way the officer could have seen me cross the line with his own eyes because we were blocked by the car I was passing which was in the same lane as myself.

I passed a car in the same lane which is not illegal though probably not the safest thing to do I admit. But still, not illegal as its considered “lane sharing”.

Yesterday after 3 weeks I received a notice that my case was dismissed and the fine would be refunded within 6 weeks.

I ride almost every day to work on the motorcycle and each year do over 20K miles of commuting via motorcycle. This is the 8th traffic violation received on a motorcycle I have contested and won. There was a time when i'd just give a little more gas and leave the officer behind but im too old for that now and old bones take longer to heal. Also i hear in jail you can be paired up in room with someone bigger and stronger than yourself...

I think if you ever get a citation for a traffic violation by the CHP you should elect for a “trial by written declaration” as you could very well be dismissed because after you make your statement on why you are not guilty the officer has to go back in his memory banks and try to remember the scenario to contest your statement. If he does not write one, if his facts are no good you will most likely be dismissed.

I have also gone to court (one year i went to just about every one one within 100 miles of San Carlos) to challenge citations and won but I don’t like the fact that I have to go to court. It takes too much time though it is worth it to keep points off your record.

I have been found guilty of one citation which I also challenged in court but there was a CHP plane overhead filming me as I rode highway 9 and I ended up asking the judge if I can pay by cash check or charge…i remember the chp officers slapping high 5's and getting all giddy with one another after i was convicted on that one. Too funny but whatever...

In the end, all traffic violations are worth contesting because there are requirements for the law to find you guilty and there is also a good chance you will be dismissed.

I've done this too and wondered if I won because of the facts or because the CHP officer didn't bother to respond?? But I think you're absolutely right, it's very much worth a few minutes to write a letter.