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Old 08-20-2010, 05:36 PM   #55
Plaka
Brevis illi vita est
 
Joined: Jun 2010
Oddometer: 4,540
Quote:
Originally Posted by drdphi
Totally not a speed issue. I saw the cop and checked my speed so I know I was going exactly the speed limit. You're right though, the law he cited me for is technically titled "Riding Bicycle Improperly on a Roadway." I just looked up the law section so I guess if he cited me for improperly riding a bicycle all I will need to prove is that I wasn't riding a bicycle and the charge is no longer valid, right?
Thanks for the quick feedback. I was cited by a Fairfax County cop.
Be very careful and follow the citations at the bottom. You will see it includes motorcycles. it calls them motor driven cycles, a term undefined (and unused) elsewhere, but if you read the definition of motorcycle, it';s everything on two or three wheels that isn't a moped, bicycle, assisted bicycle, dah da dah.

However the statute says nothing about standing up or sitting down. It's all about lane positioning. Wrong statute on those grounds. it fails to present the behavior you have been accused of, much less declaring that behavior to be a violation.

But if the ticket is small enough that they know you won't get a lawyer, then they may just railroad you and keep the fines just cheaper than a lawyer so they get the $$$.

So go in fully prepared just as if the law cited was thee correct one and you are going to win anyway. Then they know they have a stink on their hands no matter how they play it.
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