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Old February 13th, 2012, 08:34 PM   #41
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Hey Bret you can multi quote as too keep from quadruple posting
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Old February 13th, 2012, 08:44 PM   #42
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Old February 14th, 2012, 07:37 AM   #43
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Originally Posted by trixter View Post
I know but that would require me to read the entire thread before replying.
ha what I do sometime is just edit the original post with the quotes and my responses...

Alex doesnt care here but some admins get upset. I used to get in trouble for double posting.
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Old February 14th, 2012, 11:26 AM   #44
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There are two types of laws. Affirmative and restrictive. Most laws are restrictive. Affirmative laws are laws that specifically state an action is legal to do, they are usually there as an exception to a restrictive law and do not normally exist on their own.

For example there is no law against spinning in circles til you are so dizzy you fall over. That action has the same status as anything else that does not have a law forbidding it. There is no important distinction of something not being made illegal through the act of the legislature.

Now if you are spinning in circles in the middle of the road you are violating another law, at the very least jay walking. At that point they can get you for being in the middle of the road. When you lane split you must still observe the other traffic laws which includes not being reckless with it, as reckless driving/riding applies to all actions on the roads.

When you get pulled over it is not for splitting but for something else. That is the important distinction. That distinction, while contradicted in the paragraph you quoted, is what causes you to get pulled over, the reckless part ("driving like an ass") and not the splitting itself.

That author also forgot that we do not have a list of what you are allowed to do in statute, so if it is not illegal it is then by definition legal. Show me the statute that says it is legal for me to eat a cheeseburger on a Monday, cause I ate one today and under his logic there must be some statute authorizing it or that falls into a grey area of the law being neither legal nor illegal.
You sound like a lawyer. Perhaps you can represent folks who are issued citations (for whatever reason) that are triggered by "legal" lane sharing, cheeseburgers on Monday aside.
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Old February 14th, 2012, 11:58 AM   #45
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In Texas you would have, at a minimum, gotten a ticket for illegal passing. That would be if you were lucky and the cop was in a good mood. He could just as easily arrest you for reckless driving, a jail time offense.
This was in CA, not TX, where lane sharing/splitting is not defined in the CVC (California Vehicle Code).



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Originally Posted by Malicious Logic View Post
Lol, isn't lane splitting legal in Cali? Pretty funny...

Also amusing the number of people who have and will probably continue to post about "if this had been in my state..."
It's not illegal. There is a difference



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Lane splitting is legal here.
As I said above, it isn't legal. Just isn't defined as being illegal.



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Originally Posted by FrugalNinja250 View Post
http://en.wikipedia.org/wiki/Lane_sp...g#Legal_status

Not to be too nit-picking, but it is more accurate to describe lane splitting in CA as not being specifically illegal, an important legal distinction. If a cop in CA decides to write a ticket to someone in CA for lane splitting it will be for an infraction such as reckless riding or other related violation. This bit of verbiage from wiki describes it best to me:


Motorcycle safety author and consultant Pat Hahn wrote in his 50-state handbook of US motorcycling laws that, "Lane sharing with vehicles other than motorcycles is not legal anywhere, including California. However, it is tolerated in California to large degree" and that "California is the only state in the country that allows lane splitting, lane sharing, and filtering. However, contrary to legend, it is not legal. Nor is it illegal. It falls in a gray area unique to California … You can (and will) get stopped and cited if you're riding like an ass."
Winner winner chicken dinner!

Yeah, there are plenty of other things that a LEO can write you up for, but there isn't anything specific about lane sharing/splitting that they can write you for.
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Old February 14th, 2012, 04:18 PM   #46
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yeah but they could pull me over for bullshit in a car just as easy and make up something as well... so thats not really saying much.
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Old February 14th, 2012, 07:26 PM   #47
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yeah but they could pull me over for bullshit in a car just as easy and make up something as well... so thats not really saying much.
You're confusing the concepts of possibility and probability...
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Old February 14th, 2012, 07:28 PM   #48
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You're confusing the concepts of possibility and probability...
how so? Ive gotten pulled over for nothing multiple times in a car. Ive even been frisked for no reason.
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Old February 16th, 2012, 11:31 PM   #49
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... Amador county has lax police enforcement so long as you are not being a complete idiot. I only see a cop every 3-4 months here. ....
Oh yeah, I live in Amador county and have for many years.....
I was speaking more tongue-in-cheek. I was really just singling out one individual ar$eh0le relative of mine who sees everyone as a criminal, and treats them that way. He lives in A.C., but other than that my comment had nothing really to do with A.C.

It says Sacramento under your avatar.... did you mean to say you used to live in A.C.?
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Old February 16th, 2012, 11:47 PM   #50
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Ive even been frisked for no reason.
Its cause your pretty.
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Old February 16th, 2012, 11:52 PM   #51
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No I meant to say I live here. My profile also says no motorcycles. I put in Sacramento because it is far easier to explain where that is than where Amador County is.

I have never met your cousin apparently. Is he a city cop or a sheriff? Sutter Creek is the only place I know of that has a bad rep for cops doing tons of tickets, less so now that the 49 bypass is in. They still hide out on one spot on 49 though where they can be fairly well hidden until you are visible to them and their radar gun. With that said its a 55 there and I and everyone else does 65 and occasionally 70+.
Ah, but Amador County and Sacramento has very little in common. You have world class wines, as well as El Dorado Co. (shhhh... best kept secret), and well Sacramento.... I guess it just depends what part you're talking about.

I would rather not be more specific about who my cousin is, as I would feel like a hypocrite if I got that personal. I intentionally left out a key piece of info that would make it virtually impossible to guess who. I'll leave but one hint.... beer can is surgically attached to his hand.
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Old February 17th, 2012, 08:03 AM   #52
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Its cause your pretty.

Link to original page on YouTube.

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Old February 17th, 2012, 09:49 AM   #53
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At least he wasn't a douche about it.
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Old February 17th, 2012, 01:57 PM   #54
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Old February 17th, 2012, 10:49 PM   #55
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Old February 18th, 2012, 12:46 AM   #56
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Are they not supposed to touch your penis?

This is news to me...

Link to original page on YouTube.

Had to post this, sorry

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Old February 18th, 2012, 10:46 AM   #57
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Old February 18th, 2012, 11:11 AM   #58
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Old March 3rd, 2012, 05:47 PM   #59
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How much clearance does the officer expect you to have?
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Old March 3rd, 2012, 09:58 PM   #60
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Old March 4th, 2012, 07:50 AM   #61
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Old March 4th, 2012, 09:22 AM   #62
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Speaking of getting pulled over for little to no reason I just so happened to get pulled over the other night for riding on a public street. I sometimes go to practice riding at a secluded warehouse/business area at night as 99% of the time there is no traffic whatsoever. The road starts in a well lit warehouse area and turns to a long dark 2 lane road that comes to a deadend at some sort of constution equipment place. I was riding back there at about 10pm and after making a few trips back and forth a cop hiding in the warehouse lot followed me and pulled me over. She asked me if I was lost and I told her I just was practicing regular riding back there as its a safe area with almost no traffic. She asked if I just got the bike and when I told her no she kept asking me how long I've had the bike for as if she didn't believe me (I guess it's strange to be practing riding skills if you didn't just get the bike?). So she asks to see my license to make sure I had my endorsement and without even running the license or asking to see my registration and whatnot, tells me to keep it more in the open area as the long dark road is to private property (although the road itself is public) and that me riding back there is suspicious and not to do it. So with no traffic laws being broken how can a LEO basically tell you that you can't ride back on public streets?
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Old March 4th, 2012, 09:25 AM   #63
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the same my gf expects, 4 inches
Does she also yell at you in angry disappointment?
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Old March 4th, 2012, 11:28 AM   #64
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So with no traffic laws being broken how can a LEO basically tell you that you can't ride back on public streets?
Because they know that they can extend their power over you beyond what the law allows. It's simple: The only way to undo an illegal command they make of you is in court, and to get into court you need standing, and in order to have standing you have to have been harmed somehow, such as by a ticket being issued. You'd be a fool to show up in court without a lawyer, and most lawyers will want a retainer paid up front by you, commonly $5,000 or more, in cash. You'll win, of course, but you won't get your legal costs back because the state has no obligation whatsoever to reimburse you for those, no matter how bogus the ticket was. In other words, they can't lose financially, and they know it, and they have a fairly established record of abusing that power.

So your options are to either basically back down from the bully or get the financial tar whupped out of you by the bully. That's a decision that only you can make for yourself.

You can't even complain to her superiors for her abuse because the Blue always, always, always back themselves up. It's only in cases of completely flagrant abuse where they'll turn on themselves, and even those have to be really well documented. such as the Texas DPS trooper that slammed an allegedly drunk female face first into a concrete wall, busting up her face and knocking out teeth. It was caught on video. The trooper claimed she stumbled and fell and that's the way his superiors were playing it until the video turned up.

I remember a time when the police were on our side...
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Old March 11th, 2012, 09:01 PM   #65
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you can sue them personally. Not hard, and you can win.
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Old March 11th, 2012, 09:06 PM   #66
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From what I've found out from the Marines moving me to lots of different states lane splitting is only legal in Cali from what I've noticed at least. God I can't wait to go back lol.
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Old March 14th, 2012, 05:48 PM   #67
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From what I've found out from the Marines moving me to lots of different states lane splitting is only legal in Cali from what I've noticed at least. God I can't wait to go back lol.
Although there is often debate over terminology and what "legal" means, without splitting hairs, I believe you are correct. I've read stories, and this actually happened to me too, of CHP motorcycle officers signaling other bikers to go ahead and split through. I think they know people get nervous around them, and are often on their best behavior to the point of driving too slow and timid. When I was a teenager a cop flashed me because he was irritated I was going exactly the speed limit, which can be painfully irritating because average speed of traffic here = speed limit + X.

I read somewhere that Oregon is either conducting, or talking about conducting, a study that would take a look at the efficacy of allowing it there too (it will be a while).
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Old March 14th, 2012, 06:06 PM   #68
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I thought I read Texas was considering it with the "guideline rules" that used to be officially stated in CA but are no more.

not more than the speed limit or 35 mph whichever comes first
not more than 10mph over the flow of traffic


I also thought I read 4-5 states were considering it with similar rules. "Affirmative statutes" specifically allowing it under those circumstances.
Personally, I think it is a good idea to reasonably define a standard. I never heard about the historical existence of specific guidelines in CA. Although there will always be some arbitrary aspect/discretion of the cop as to what is driving "safe," spelling it out solves so many problems. It makes me think of Oregon's "Speed" signs, which I understand are not the same as other state's "Speed Limit" signs. At least this is what my OR friend tells me. IMO, "Speed" signs, or suggestions of speed, put the cop in the position to be judge, jury, and executioner. He tells me OR and CA plates are not treated equally. This is all just what my friend tells me, but I don't know how accurate it is.
I also haven't heard about other states considering it, but I would be for it.
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Old March 14th, 2012, 06:12 PM   #69
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Where you live thats legal so I don't know why the cop is being a dick about it. Sounds like the cops we have here in NC.
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Old March 14th, 2012, 08:33 PM   #70
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Where you live thats legal so I don't know why the cop is being a dick about it. Sounds like the cops we have here in NC.
No, I was saying the opposite... he was being cool about it.
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Old March 15th, 2012, 04:46 AM   #71
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Personally, I think it is a good idea to reasonably define a standard. I never heard about the historical existence of specific guidelines in CA. Although there will always be some arbitrary aspect/discretion of the cop as to what is driving "safe," spelling it out solves so many problems. It makes me think of Oregon's "Speed" signs, which I understand are not the same as other state's "Speed Limit" signs. At least this is what my OR friend tells me. IMO, "Speed" signs, or suggestions of speed, put the cop in the position to be judge, jury, and executioner. He tells me OR and CA plates are not treated equally. This is all just what my friend tells me, but I don't know how accurate it is.
I also haven't heard about other states considering it, but I would be for it.
Most states have little yellow or orange speed suggestion signs in addition to speed limit signs. They are often seen on ramps or turns where the speed limit remains the same but there is a visibility or maneuverability concern for such a small part that it didn't justify a speed limit change. In the British version of the TV program, "Top Gear," they took sports cars to some of America's "best roads," as submitted by fans, in a road trip episode. They went on to say that the roads were spoiled by unreasonably low speed limits and even joked that they were looking for a change and yet it actually went DOWN. When they said this, they showed one of the "suggested" speeds, which the clearly didn't realize was just a suggestion. Few of their target European viewers would have known, so they misinformed a lot of people.
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Old March 15th, 2012, 08:52 AM   #72
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The only times I've seen "safe and reasonable speed" citations issued involve crashes in snowy or rainy conditions. My old youth pastor said he got a ticket for that nailing a mailbox driving on ice. He tried to argue but the cop said going 10 mph was unsafe!

What I mainly have to worry about here are damn speed traps. Cops love to nail you where the speed limit goes down, and not to mention the campus speed limit of 20 mph.
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Old March 15th, 2012, 10:50 AM   #73
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So I'm riding home and come up to a light and I see a cop car so I do what I always do when I see a cop, ride like I normally would. .
Had it been a motorcycle cop, you would probably have not gotten pulled over. I live in Los Angeles and motorcycle cops lane split all the time. Some cops in cars are just haters.
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Old March 15th, 2012, 11:35 AM   #74
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Cops in California at least give them for lane splitting if they are jealous of your bike, they also give them if you do the speed limit but they are working an accident and it is closed down to 1 lane or something that way.
I don't lane split very often anyways, of which 99% is at lights, and even then I usually just wait to pass. If I see a cop present I'm even less likely to split, not because I'm necessarily expecting a ticket, but I want to blend in with traffic. I split last week at a light, and went right by a cop in line, which I wouldn't have done if I had noticed him, but I made sure to stick to the speed limit when the light changed and there was no conflict.
About a year or two ago, traffic on 50 was shutdown from Folsom to Sunrise due to an accident. All lanes where a parking lot, and I was due for an appointment, so of course I split... past the cops, past the ambulance, and everyone else. I think people where much more understanding in this situation becuase it just sucked for everyone, and why would I wait an hour to go between two exits if you don't have to... many cars moved over in their lane if they could (I think they were mostly afraid of loosing a mirror). Confession time: I saw the back-up in time to exit Folsom, but decided to go for the experience.
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Old March 15th, 2012, 12:01 PM   #75
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Originally Posted by trixter View Post
BTW if you are still in that area there is a group ride this Sunday in Amador county
Gotta help bro-in-law move
But I'm bound to tag along one of these days.
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Old March 15th, 2012, 01:12 PM   #76
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Originally Posted by Darling Ninja View Post
Had it been a motorcycle cop, you would probably have not gotten pulled over. I live in Los Angeles and motorcycle cops lane split all the time. Some cops in cars are just haters.
The other day I was traveling to work at a rather high rate of speed (90mph) and a motorcycle cop was on the side of the road. He had his radar gun pointed right at me and was following me with it. I continued at my current pace since my exit was coming up and as far as I can tell he didn't come after me, or if he did he just couldn't find me because I exited.
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Old March 17th, 2012, 02:58 PM   #77
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Originally Posted by headshrink View Post
No, I was saying the opposite... he was being cool about it.
Was talking to OP
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Old March 17th, 2012, 03:32 PM   #78
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Was talking to OP
Ahhh, that makes sense. Sorry for the confusion.
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Old June 10th, 2012, 07:25 PM   #79
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Did you post this before or after you broke your leg?
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Old June 10th, 2012, 07:36 PM   #80
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Did you post this before or after you broke your leg?
I'm pretty sure this was before...

I guess the cop was right.
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