Old 07-06-19, 11:10 AM
  #69  
Lemond1985
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Originally Posted by base2
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The park is just plainly outside of the vehicle code. So charging bicyclists with a vehicle code violation is absurd.

On a related note: (and I don't mean to derail the thread this early on)
Here in Washington we had a case a few years back where a guy got a speeding ticket. Key to the case was the officer wrote in his statement that his patrol car was located in the median when he properly used used his properly calibrated radar gun to observe the infraction take place. The driver fought the ticket in court & won. The gist of the drivers defense was that to be issued a citation the officer must observe from the roadway. Under the law the median is defined as: "The area between roadways." Therefore the officer was not in a legally defined place for accurate observation.

One reason, (among many) is the speed indication of the RADAR gun is a function of a tangent of the line of travel & any indication other than head on is inaccurate by definition. Another is the officer wrote a specific speed, something like 89 in a 60. Given it's already established inaccuracy from vantage, the appropriate ticket that may have stuck would probably just be: "exceeding the limit" which is more subjective in nature. But it would still have only applied if the officer observed the alleged infraction from the legally defined roadway.
I heard of a case in CA where the patrol car was parked on private property when the radar reading was taken, and the citation was thrown out as the "fruit of an illegal search".
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