Help From a Guy With a Law Degree (but not an attorney)
First, let's remember that this is a story that doubtlessly has two sides. Here's what el chip-o will say:
"On routine patrol in my marked cruiser, I observed the subject vehicle passing between slowly moving and stopped lines of traffic at a speed much greater than the stopped vehicles. I was able to keep the subect vehicle in view and performed a routine stop. The suspect showed me his valid california driver's license and told me he thought it was OK to ride in the described fashion."
You see, there's nothing in the California Vehicle Code expressly prohibiting lane-splitting. You can share lanes on a motorcycle, but you have to do it "safely". So cops get to be judge, jury and executioner, deciding by the side of the road if you're safe or not. They have a lot of latitude. But they have to think of something to charge you with, as well.
We don't really have enough info to help you. First, we need to know what you were charged with! Was it "unsafe lane change"? Or reckless driving? Reckless is serious, but you do have the right to a jury trial. If you were written for a misdemeanor, you need an attorney to truly protect you rights.
For an infraction you should probably just take the traffic school. You'll have to prove a subjective thing (you did nothing unsafe) against the word of the fuzz.
If you do want to fight it, go right now to www.nolo.com and order the California edition of "Fight Your Ticket". It will reveal all kinds of procedural and technical ways to win in court.
Good luck!
First, let's remember that this is a story that doubtlessly has two sides. Here's what el chip-o will say:
"On routine patrol in my marked cruiser, I observed the subject vehicle passing between slowly moving and stopped lines of traffic at a speed much greater than the stopped vehicles. I was able to keep the subect vehicle in view and performed a routine stop. The suspect showed me his valid california driver's license and told me he thought it was OK to ride in the described fashion."
You see, there's nothing in the California Vehicle Code expressly prohibiting lane-splitting. You can share lanes on a motorcycle, but you have to do it "safely". So cops get to be judge, jury and executioner, deciding by the side of the road if you're safe or not. They have a lot of latitude. But they have to think of something to charge you with, as well.
We don't really have enough info to help you. First, we need to know what you were charged with! Was it "unsafe lane change"? Or reckless driving? Reckless is serious, but you do have the right to a jury trial. If you were written for a misdemeanor, you need an attorney to truly protect you rights.
For an infraction you should probably just take the traffic school. You'll have to prove a subjective thing (you did nothing unsafe) against the word of the fuzz.
If you do want to fight it, go right now to www.nolo.com and order the California edition of "Fight Your Ticket". It will reveal all kinds of procedural and technical ways to win in court.
Good luck!