Tuesday, December 22, 2009

City Attorney Reverses Cyclist's Wrongful CVC 21202 Citation

In March of 2009, a San Diego cyclist was cited by an SD Police Officer for passing on the left side of very slow-moving traffic on El Cajon Blvd. After being cited for allegedly violating California Vehicle Code 21202(a), the cyclist (one of our readers) contacted the officer's supervisor. The officer's supervisor, a sergeant at SDPD, agreed that the cyclist had not violated 21202 and that he should not have been ticketed. However, this fact did not seem to sway or convince the judge handling the case. The judge decided to uphold the officer's citation and claimed that the cyclist should have been riding along the 'edge' of the curb.

It doesn't end there. In fact, some real justice was finally served when the Deputy City Attorney, who was contacted about the case, actually reversed the judge's decision last week and offered a legitimate sign that our current City Attorney actually understands the California Vehicle Code laws which were meant to protect cyclists and to uphold our right to the lane.

The City Attorney's ruling was a breakthrough. However, the struggle is not over for the cyclist wrongfully cited. After the initial trial (and before the City Attorney's reversal) the officer, who ticketed the cyclist, paid a visit to the cyclist's workplace to deliver a 'self-transcribed transcript of the traffic court’s proceedings and a complaint' about the cyclist. Due to the company policy, the cyclist's employer must now investigate the claims made by the officer.

In response, the cyclist has filed a complaint/report with the San Diego Citizens' Review Board for Police Activity. According to the cyclist involved, an investigation will be conducted.

Meanwhile, the cyclist is trying figure out how he can be reimbursed for the $165 he was forced to pay in lieu of the wrongful citation.

The cyclist involved, who is clearly knowledgeable and passionate about bike justice, has been detailing his struggle on his blog. The latest entry is titled 'Lessons Learned from Fighting a Wrongful CVC 21202(a) Citation.'

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