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 impeding traffic.
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.