Woolley’s CVC 21202(a) Appeal Successful; Charges Reversed and Dismissed

June 23, 2010
|In Advocacy
|By BikeSD Staff

The post below originally appeared on Andrew Woolley’s blog. Andrew lives, works and rides in San Diego.

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It only took 15 months, but last Friday the Appellate Division of the San Diego Superior Court ruled in my favor to overturn and dismiss the “Fail to ride to the right” charges from March 2009 (full story here). From the court order:

The judgment is reversed and the charges are dismissed in the interests of justice. (People v. Kriss (1979) 96 Cal.App.3d 913.) As the People concede, the trial court erred in interpreting Vehicle Code section 21202 as requiring Appellant to ride his bicycle to the right of traffic under the conditions presented here.
It’s interesting to note that the appellate judges did not rule on lack of evidence that my speed was less than the normal speed of traffic (the City Attorney’s concession), but instead said that the trial court “erred in interpreting” the CVC 21202. I think they must have agreed on more points than just the speed argument!

I still haven’t been refunded my $165 fine. Hopefully I’ll get it in less than 15 months.

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Congratulations to Andrew Woolley on a successful appeal.

Previously on BikeSD:
San Diegan Cyclists and California’s Vehicle Code 21202 (a)
CVC 21202(a) Appeal Opening Brief by Andrew Woolley
Breaking news: Andrew Woolley found not guilty of violating CVC 21202(a)
City Attorney’s Office finally clarifies CVC 21202(a)
The Case of Officer David Root and Andrew Woolley
Lessons Learned from Fighting a Wrongful CVC 21202(a) Citation