A law that is not enforced is not a law. Strangely enough that is a valid defense in court. Selective enforcement is even worse as it leads to charges of discrimination. That is the one thing that is actionable against federal, state, and local governments by federal law, though it helps if you are a member of a legal minority.

Strangely I could not find an attorney that would file a class action against a state's Attorney General for violating my, and a lot of others, civil rights (due process) under color of law.

It's not just a good idea it is the LAW*
*(Available in most states. For minorities, and the well-to-do only).

Lucky for me they haven't yet passed one against cynicism, eh?


Haller, Thomas wrote:
Hey Frank,


"... (it isn't against the law to ride a bike after drinking, BTW
- it's not very smart either, but the likelyhood is that the only
person you'll hurt is yourself)."


I believe that in most states in the U.S., once you carry your weight on the
bicycle you are considered to be "operating a vehicle" and you are legally
obligated to follow every rule of the vehicle code. I know in California the
offense is the technically the same if you are found operating _any_ vehicle
in a impaired condition.


This also means that it is completely illegal to ride a bicycle on the
sidewalk or through a crosswalk (notice the word _walk_ in both of those
designations), or on the left side of a roadway, or the wrong way on a
one-way street. Bicyclists must also come to a complete stop at every stop
sign and wait for their right-of-way along with any other vehicles at the
intersection, they must signal before making any lane changes or turns and
wait until it safe before they change lanes or turn, they must turn left
from the leftmost lane of an intersection, they must come to a complete stop
for pedestrians crossing at a crosswalk and not proceed until the
pedestrians have reached the other side of the roadway or an island. They
have no special right-of-way what-so-ever compared to other vehicles.


The only distinction between pedal-driven vehicles and motor vehicles in
California is that the pedal-drive vehicles sometimes have a special travel
lane designated on the right side of the roadway that it is illegal for
motor vehicles to use. But when that solid white line turns to a dashed
white line, this designated travel lane (or "bike lane") is gone and motor
vehicles are allowed to travel in that area. In fact a motor vehicle turning
right at such an intersection is legally obligated to get as far to the
right as they can, crossing the dashed white line into that part of the
roadway.

I think that I may be the only bicycle rider in California that is aware of
this though... :-)

- THaller



-- graywolf http://graywolfphoto.com

"You might as well accept people as they are,
you are not going to be able to change them anyway."




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