Outcome of Court Case For Ticketing of Kirsty Marritt

[Judy Frankel]

Kirsty lost her court case.  She received a ticket for not riding far enough to the right going south on Coast Hwy in Leucadia.

She appeared in Vista Court in front of Commissioner Jones.

County Sherrif?s motorcycle deputy Garcia showed up.

She explained that she was taking the lane, that she had a right to the road as it is a substandard lane and that she did not want to ride in the door zone.  She said she was being dependable by not weaving in and out of parked cars.

It was mentioned by the Commissioner that she could not have been riding far enough to the right if she was riding two abreast even though she explained that there is no law that you can?t ride 2 abreast and the lane is too narrow for a car to pass in the same lane.

She said it was not safe to ride any further to the right or she?d be in the door zone and that she?d ride in the same place if she was riding single file. The commissioner told her that if she felt it was unsafe that she should not ride there.

Deputy Garcia also told the Judge that someone was killed there recently and it was found that it was the fault of the person killed because they were  not riding single file.

Judy Frankel

[Lisa Ruby]

Once again in San Diego County the cyclist is always wrong.

[karlos]

If the courts and the police are really that ignorant of the laws, as their statements indicate, an appeal of the ticket is the only way to raise awareness. I have no clue why so many people think there is a "single file" law. Education still seems to be the big issue to me. I still believe the majority of cyclists don't know the laws unless they took TS 101 and whether it is a majority or a minority of law enforcement and the courts, there is at least enough ignorance that things like this seem to continually occur.

[Judy Frankel]

Kirsty is kind of depressed to do any more on this.  She has already put in many hours of time.

There is ignorance of the law but, they a judge can always use the discriminitory Far to the right law even when there are exceptions that we fall within to charge us if they want because the law is subjective.

Who decides how far to the right is practicable?  Any judge can decide.

You will notice that she didn't get charged with riding 2 abreast.  Only that she was not far enough to the right because she was 2 abreast.

The FRF law is not a good law, is discriminatory against cyclists and even with a 3 foot passing law can be used to negate it.  It needs to be repealed in my opinion.  I am hoping that there is a way to educate the sherrif's department and I am working on that by going through the city of Encinitas traffic engineering.  There are courses for them to take but the course is optional and they think they know the law.. or they are discriminatory against cyclists and don't want to know the law.

[karlos]

I would be depressed, too, and we really shouldn't expect her to personally bear the weight. Shouldn't organizations with advocacy as part of their official charter, such as SDCBC, for which we contribute $5/NCCC member, take things like this on?
Thanks for keeping us up to date, Judy - Karl

[Judy Frankel]

I asked sdcbc to go with her but didn't get any response

[Nerius Landys]

This is ridiculous.
That stretch of road going south is one of the hairiest that I've ridden, since motorists always seem to buzz by you at very close distances.  So taking the lane is definitely a safe and legal choice.
In any case I never take that road anymore.  I take Vulcan going south (even though it's narrow, cars do slow down for yiou) and Neptune going north (to avoid the thorns).

I say we put on a party for Kristy to cheer her up.

[Judy Frankel]

Good idea. Better would be to take up donations to pay her $200 ticket so that we can convince her to take the time to go through with the appel for the benefit of us all.

[karlos]

I would go with BOTH a party and taking up donations at the party to cover the ticket.

On the appeal, if it were to occur, thinking back on Richard Duqette's advice on what would take a successful case, it seems to me we would need:

• A traffic engineer expert, to declare the lane substandard. Southbound is probably harder than northbound as there is extra space to the right for parking, so door zone considerations need to be factored in.
• A human factors expert, to explain why riding 2 abreast is safer in these conditions. You are more visible, which was probably the reason why Swarzman and company were riding 3 across, in a V formation with lights [btw, the quote from the officer on why Swarzman was "at fault" was why I used the word ignorant - amazing.]

Of course, having real experts seems like an overkill for a $200 ticket, and it would certainly cost money. It would sure be great if either or both of SDCBC or CABO could chip in resources (people and/or $'s), because I don't see your friend Kirsty doing this on her own. I also realize that the FTR (far to right) law is too subjective, but rather than make this a poster child for its repeal, it seems reasonable to have the right experts explain to the court and help the court make the correct, subjective decision.

[Judy Frankel]

A party is nice.. Do you want to host it Karl?

If we want to go the simple route we can make an announcement at the start of the sat and sun bike rides and see how many people would be willing to contribute 5 or 10 dollars.  We only need 20 people making $10 donations.

I will start by pledging $10.   Can the ride leaders arrange this?  It doesn't have to be a club thing.. just a people to people request to support cycling in North County by sharing.

Judy

[Nerius Landys]

I'm looking forward to this party.  I'm going to bake some really tasty Ukranian hazelnut cookies.

[karlos]

OK, Judy - I'll match your $10 and host it. I have some ideas for a venue outside my home, but we can do it at my house if that falls through. Time and place TBD.
-Karl

[Lou]

Karl et al;
Last year, I spoke to the people at Bates Nut Farm about having a 4th of July party there. They seemed really receptive about having us there. I think that there are some picnic benches available. Although this is October and I'm sure that they are having some sort of Fall pumpkin thing going on.
Just thought I would throw that out for you guys to consider.

I'm good for $25.
Lou...