Is it ever okay to break one law in order to follow another one?
The three-foot law took effect earlier this year. While legislators were
considering the bill, cycling advocates tried to insert a provision that
a car could, if safe, cross over the double-yellow line to give a bicycle
the legally-required cushion. That provision did not make the final version.
As a result, if a vehicle does cross the center, the driver could be ticketed for
According to CHP, officers can use their own discretion to resolve these dilemmas.
Motorists in Kern County face these kinds of decisions every day. Red-light
cameras are one example: should you slam on your brakes to avoid running
a red-light if there is a speeding car directly behind you?
Speed variance is another example.
On some stretches of Interstate 5, the average speed is well above the
posted speed limit. While it's safer to keep pace with other cars
and avoid impeding traffic, should you press down on the accelerator and
risk getting a speeding ticket?
One obvious solution would be to raise the speed limit to match the pace
of traffic, but that's not going to happen. This leaves you to either
defend yourself in a seemingly impossible situation or to hire an experienced
traffic lawyer that is used to defending tickets obtained on I-5 in courts
like Shafter and Lamont.
Remember to never argue with the officer at the scene. Let your lawyer
take care of that for you.