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Fatal Bicycle Crash In North BerkeleyA 62-year-old cyclist was killed in North Berkeley following a collision with an automobile.

A bystander was already administering CPR to Kurt Wehner when first responders arrived near the intersection of Spruce and Eunice Streets. He was transported to a local hospital, where he was pronounced dead. Police have not released the name of the 63-year-old motorist, but they say that the person is cooperating with the investigation.

Witnesses gave conflicting accounts of the accident. One claimed that Mr. Wehner ignored a stop sign and crashed into the car, while others blamed inadequate traffic control measures for the accident.

Earlier this year, the legislature passed the Three Foot Law. It's a departure from most objective traffic laws in California; for example, a person's seat belt is fastened or it is not and children are properly secured in a car seat or they are not. But the three-foot law is difficult to enforce. It's almost impossible to prove that a driver was only two-and-a-half feet from a cyclist, and bicycle riders can still be ticketed for impeding traffic if they fail to pull over to the right.

Speeding can also be a subjective law. Unless the officer had a radar, laser or other objective proof of a vehicle's speed, the only evidence is the officer's opinion that the vehicle was violating the law.

The difference can be significant. It's much easier for an attorney practicing in Lamont and Shafter to challenge the evidence in these cases, and either get the ticket thrown out or get the fine and/or points reduced.

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