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Old 03-23-2010, 10:41 AM   #21
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didnt someone recently post a portion of the texas legislature making lane splitting l;egal in texas since sep 09?
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Old 03-23-2010, 10:43 AM   #22
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Quote:
Originally Posted by TxVrod View Post
Here is how the law (which takes effect Sept. 1):

79R517 JRJ-D

By: Griggs
H.B. No. 1522

A BILL TO BE ENTITLED

AN ACT relating to the operation and movement of motorcycles during
periods of traffic congestion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 545.060, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) An operator on a roadway divided into two or more
clearly marked lanes for traffic:
(1) shall drive as nearly as practical entirely within
a single lane, except as provided by Subsection (e); and
(2) may not move from the lane unless that movement can be made safely.
(e) The operator of a motorcycle may operate the motorcycle
for a safe distance between lanes of traffic moving in the same
direction during periods of traffic congestion if the operator:
(1) is at least 21 years old;
(2) has successfully completed a motorcycle operator
training and safety course under Chapter 662;
(3) is covered by a health insurance plan providing
the operator with at least $10,000 in medical benefits for injuries
incurred as a result of an accident while operating a motorcycle;
and
(4) operates the motorcycle:
(A) at a speed not more than five miles per hour over the speed of the other traffic;
(B) in traffic that is moving at a speed of 20 miles per hour or less; and
(C) in a location other than a school crossing zone or other than a location where the posted speed limit is 20 miles per hour or less.
SECTION 2. This Act takes effect September 1, 2005.
i did not take the time to read it all
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Old 03-23-2010, 11:05 AM   #23
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^^^ interesting. I could have used that info when the r6 wanted to overheat in traffic not too long ago on 45.
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Old 03-23-2010, 11:08 AM   #24
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that was the proposed amendment that was never passed.

From the DPS FAQ:

"18. Can I ride my motorcycle between cars in traffic?

The law doesn’t specifically say one way or the other, but there are several statutes that may come to bear depending upon the circumstances, i.e. right of way, obligation to drive in a single lane, signal intention, passing with safety, etc. Motorcycles are considered equally as cars regarding traffic laws, so the single lane, signal intention and other statutes in the Transportation Code could come in to play.

The main statute that makes “lane splitting” illegal is Transportation Code Section 545.060, entitled “Driving on Roadway Laned for Traffic.”

* An operator on a roadway divided into two or more clearly marked lanes for traffic:
o shall drive as nearly practical entirely within a single lane; and
o may not move from the lane unless that movement can be made safely."
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Old 03-23-2010, 11:09 AM   #25
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Quote:
Originally Posted by viper3ez View Post
didnt someone recently post a portion of the texas legislature making lane splitting l;egal in texas since sep 09?
Quote:
Originally Posted by viper3ez View Post
i did not take the time to read it all
This was a bill that was introduced. It died in committee and DID NOT become a law. Lane splitting, filtering, etc. is ILLEGAL in Texas. You can be cited with a variety of charges including reckless driving, failure to maintain a single lane, passing in a no passing zone, etc.

Keep in mind you can also be arrested for any of the above charges.
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Old 03-23-2010, 12:04 PM   #26
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Go to court and ge dismissed. Save the DD for later. youll probably need it.
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Old 03-23-2010, 01:04 PM   #27
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Old 03-23-2010, 01:05 PM   #28
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Quote:
Originally Posted by Helios View Post
A buddy of mine from work got a ticket like that where one cop "supposedly" sees the offense (in his case, it was speeding) but then another cop gives you the ticket.

I dont remember if he either:

1) argued with the cop that pulled him over that "HE" did not catch him speeding so "HE" could not issue the ticket. He said something about asking the cop to show or prove the offense (radar or video)

-or-

2) it actually went to court and he used the above arguements to win his case. The cop admitted that he did not witness him speeding nor had used a radar gun or had any video image of him commiting the offense.


I dont remember which it was but he said he got it dismissed.

Other than that story to share, I have no valuable input. Sorry.
I've done that
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Its the stupidity. It gets added to our forum in normal and controlled doses which actually serves to the benefit of the website.
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Old 03-23-2010, 04:54 PM   #29
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no one has said it yet. david sprecher atty. he is in the montrose area. seriously, if he works in friendswood, i dont know
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Old 03-23-2010, 05:26 PM   #30
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Quote:
Originally Posted by gtdrivr View Post
that was the proposed amendment that was never passed.

From the DPS FAQ:

"18. Can I ride my motorcycle between cars in traffic?

The law doesn’t specifically say one way or the other, but there are several statutes that may come to bear depending upon the circumstances,

snip

The main statute that makes “lane splitting” illegal is Transportation Code Section 545.060, entitled “Driving on Roadway Laned for Traffic.”
So which is it, DPS? Is it not specifically illegal or is it? Couldn't a lawyer use this to help show that lane splitting is not illegal?
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Old 03-23-2010, 05:50 PM   #31
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I can't wait to see if you got out of it. I just finished DD online. 7 hours. F'ing horrible. I learned so much about car maintenance and prescription and illegal drugs and the mating patterns of deer.
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Old 03-23-2010, 07:09 PM   #32
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Quote:
So which is it, DPS? Is it not specifically illegal or is it? Couldn't a lawyer use this to help show that lane splitting is not illegal?
Go back and read the posts. There is no law stating you cannot split, there are several laws that could be used against you, if you do split lanes. So, because a motorcycle is viewed as a car for driving purposes it is not legal to split lanes.
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Old 03-23-2010, 10:11 PM   #33
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I would go to court too, sans lawyer. Both the officer who issued the citation and the "undercover" female cop would have to appear in court. I don't see that as being likely, so it should get dismissed.
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Old 03-24-2010, 07:08 AM   #34
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Quote:
Originally Posted by Ulric View Post
Go back and read the posts. There is no law stating you cannot split, there are several laws that could be used against you, if you do split lanes. So, because a motorcycle is viewed as a car for driving purposes it is not legal to split lanes.
meh, i guess you are right....I optimistically read "not specifically illegal" as not illegal.

I don't see how those other laws apply though. If i'm lane splitting then it isn't practical to stay entirely in my lane. Obviously there are exceptions to this law for wide loads, changing lanes, driving past accidents, moving over for emergency vehicles etc, why can't lane splitting be an exception?

And if i'm going down the center and in both lanes, then failure to signal hardly applies....whatever...it doesn't matter...we'll just have to wait for the state legislature to tell us slaves that we are allowed to do what is not specifically illegal...

I'm becoming more and more convinced that laws are written so that you are always doing something illegal at any given moment...
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Old 03-24-2010, 09:01 PM   #35
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This is what you should do, but you don't need a lawyer to do it. State has to present the witness or case gets thrown out. Only draw back is you will have to reset for trial by judge or jury (pick judge, it goes faster)


Quote:
Originally Posted by Bevo View Post
Take it to court. The undercover female officer would have to appear in court, otherwise anything she told the cop that gave you the ticket would be considered hearsay which should be disallowed as evidence by the judge. If the prosecution doesn't have a witness then the prosecution can't prove their case. The cop that gave you the ticket can't be considered a witness to your "violation" since he didn't see it.
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Old 03-24-2010, 09:08 PM   #36
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Thats Hear-Say
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Old 03-24-2010, 09:34 PM   #37
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Thanks for the help!

I had a talked to a Friendswood lawyer and she said that everybody shows up to court in the wood.
She will represent me and get it dismissed for $500.00.
I am leaning towards taking defensive driving and just taking it easy for a while with speed and antics.
I have Kubosh for my inside Harris county speeding habits so look out once I head back over the creek.
Be carefull out the there are cops everywhere in all kinds of vehicles. I hope there will be one arround if I really need him but I doubt it thats whats concealed carry is for!
Thanks for all the posts its been a real eye opener.
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Old 03-24-2010, 09:49 PM   #38
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If I were you I would first see if the ticket is subject to deferrred disposition/adjudication (doesn't hit your insurance), second if first doesn't work call David Sprecher (I've used him two times - he's a miracle worker), third if the foregoing doesn't work try defensive driving. Last resort plead guilty pay ticket.
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Old 03-25-2010, 05:02 AM   #39
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Quote:
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Thats Hear-Say
Oh really? (link)
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Old 03-26-2010, 09:40 PM   #40
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Kubosh rocks, im going to court

Kubosh is on the job for $150.00
If we lose are tickets still on your record for 3 years?
thanks again!
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