Re: Another question for the legally inclined
I got a ticket last week, and wanted to see what you think my odds are of fighting it. *First, I'll explain what I did.
The road is a two lane road, 55 mph limit with one lane in each direction. *There is a broken yellow line separating the two lanes. *The CHP was directing traffic at a 3-way intersection that I was approaching. *My lane was basically stopped but moving slowly due to the officer's directing traffic. *There was little to no traffic going the opposite direction. *About a mile before the intersection, I moved out into the left lane and began slowly passing this mile long string of cars. *I was probably going 15 - 20 mph, and the visibility was unobstructed. *About 100 yards or so before the intersection, I merged back into the right lane. *When I got to the intersection, they pulled me over and gave me a ticket for 21650 failure to drive on right side of roadway.
Here's the text of the law:
Quote 21650. *Upon all highways, a vehicle shall be driven upon the right half of the roadway, except as follows:
* (a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing that movement.
* (b) When placing a vehicle in a lawful position for, and when the vehicle is lawfully making, a left turn.
* (c ) When the right half of a roadway is closed to traffic under construction or repair.
* (d) Upon a roadway restricted to one-way traffic.
* (e) When the roadway is not of sufficient width.
* (f) When the vehicle is necessarily traveling so slowly as to impede the normal movement of traffic, that portion of the highway adjacent to the right edge of the roadway may be utilized temporarily when in a condition permitting safe operation.
* (g) This section does not prohibit the operation of bicycles on any shoulder of a highway, where the operation is not otherwise prohibited by this code or local ordinance.
It's my opinion that what I did is legal to the letter of the law. *Exception (a) is exactly what I was doing.
However, I'm also aware that passing something like 50 cars in a row (even in the lane splitting capital of the USA), may not be very popular to the legal people in charge.
One other item that is of interest... the officer who wrote the ticket told me that 'had the road had a shoulder and you were passing on the right, I probably wouldn't even bothered you'. *I told him that was illegal (which it is).