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Old 05-25-2007, 04:52 PM   #21
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^^ your sig is WAY outa the rules.. shrinnk it to 250 tall X 600 wide

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Old 05-25-2007, 05:08 PM   #22
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Quote:
Originally Posted by Brent301
man i got a ticket for this a couple days ago i split 8 cars stopped at the light looked up and there was a cop in the turning lane. he put passing when unsafe on the ticket..
"Passing when Unsafe" is not in the Texas Motor Vehicle Code anywhere. Check code 820121 in this link http://www.hcdistrictclerk.com/e-ser...df/Literal.pdf I'm betting it is a Harris County specific code.
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Old 05-25-2007, 05:16 PM   #23
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In your own words, again no offense, but I just want to point something out.

Quote:
Originally Posted by Paradox
Folks BS aside I was a PO for 16 years it been a while but during that time I saw no specific law allowing or preventing lane splitting in Texas. Unless there is a municipal law against it anyone who does try to enforce it does so under the color of the Failure to Yield Right of Way or Reckless Driving laws and or or case law. I never enforced it because none of the law covering it was clear.
How long ago?

Quote:
Originally Posted by Paradox
I call it BS right there! The laws in Texas apply equally to Motor Vehicles whether they have 2 wheels or 4, there is no difference in the eyes of the law. By the time you finish the academy if you are worth your salt you have read every line in the Texas Penal Code, Texas Motor Vehicle code, and Vernon's Civil Statues. There are no laws other than the little inspection and plate differences that differentiate between numbers of wheels. That's where case law comes in. Case law is not the law as it is written, but the law as it is enforced by the court and it can change daily.
I have a phone number of a reliable source that can answer this question... I should have just said this to begin with, but PM me for a Harris County Deputy's personal cell phone number. He will be glad to answer this question for you as he is also a motorcycle enthusiast and a cool cop. He is the guy I live with right now. If you don't want to call him he will be my guest at the MH bar-b-que and you can ask him in person.

(Yeah I'm bringing a cop to the bar-b-que so what)

Please Paradox, understand I am not meaning offense by this but trying to spread the right information that will help fellow MH.comers.

Thanks!
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Old 05-25-2007, 05:22 PM   #24
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Case law or "the law as it is enforced by the court" is not ticketable offenses or enforceable offenses. It is interpretations of codes and violations, to put it another way it is past judgments you can use to base your interpretations of the laws on.
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Old 05-25-2007, 05:27 PM   #25
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Dub...

Call the DPS office.. ask them and see what they tell you...
then contact the Motorcycle Safety dept and ask them what their legal department says in regards to line splitting and white lining(sp?).
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Old 05-25-2007, 05:29 PM   #26
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I never claimed to be a lawyer, but a conduit to the truth and I can only point you in the direction of a guy who can give you the full legal explanation of what all of this stink is about... Truth is this is left wide open for interpretation and a police officer in Harris County can (if he wants) ticket you for it as it is at the "interpretation" of the police officer. Whether it sticks in court is a different story. I can't tell you what an individual judge will rule as they can also interpret the law based on case law as Paradox stated. If they hate sport bikes you don't have much of a chance of getting it dropped. I know several people that are LEOs for Harris county and will be glad to give you any contact information needed to ask them for legal advice on this matter.
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Old 05-25-2007, 05:32 PM   #27
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Quote:
Originally Posted by Ulric
Dub...

Call the DPS office.. ask them and see what they tell you...
then contact the Motorcycle Safety dept and ask them what their legal department says in regards to line splitting and white lining(sp?).
No offense also Ulric as I respect you too, but they are not the ones that will be filling out the ticket. The people I can tell you to contact are not biased for or against bikes, they are good officers. I will call the DPS and Motorcycle Safety dept. I am having problems finding the Motorcycle Safety departments number, can someone PM it to me?
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Yes, I am made of scars

This one had it coming - This one found a vein
This one was an accident, but never gave me pain
This one was my fathers and This one you can't see
This one had me scared to death,
[U]But I guess I should be glad I'm not dead[/U]

Yes I am made of scars
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Old 05-25-2007, 05:40 PM   #28
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DPS is closed, I'll update this on TUE, but I can still give you the number to at least 3 current LEOs in Harris county if you want to hear it from their perspective.
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Yes, I am made of scars

This one had it coming - This one found a vein
This one was an accident, but never gave me pain
This one was my fathers and This one you can't see
This one had me scared to death,
[U]But I guess I should be glad I'm not dead[/U]

Yes I am made of scars
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Old 05-25-2007, 05:44 PM   #29
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Just because the officer wrote you a ticket does not mean you are guilty or will be found guilty of the offense. In the past year I have been asked to testify on a No Helmet case that is still pending disposition, The prosecutor didn't even know the law had exceptions and had to ask for the case to be reset! I have testified in a no motorcycle license case and actually got the case dismissed when they did not the the M on the license! I couldn't believe that one, sheer dumb luck to help a friend. I've just recently been asked to testify on what I saw at a accident scene to prove that a party was not guilty of FTYROW, it was a DPS trooper who wrote the ticket and I bet I can get them found not guilty based on the evidence alone. I've testified before in a case like that and got the party found not guilty because I proved the case using skid marks and the presence of sensors proving the officer was wrong.

Just because an officer says something is a violation does not make it so. It just means you will have to disprove it in court.
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Old 05-25-2007, 06:03 PM   #30
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Quote:
Originally Posted by Mr. Unassailable
^^ your sig is WAY outa the rules.. shrinnk it to 250 tall X 600 wide

thanks

ok, the thread is about the ACTUAL police, not the MH SIG POLICE.:laughing6 :laughing6 :laughing6 :laughing6 :laughing6
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Old 05-25-2007, 06:07 PM   #31
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legal or not im still gonna do it
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Old 05-25-2007, 06:21 PM   #32
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Keep these scenarios in mind.

Traffic driving 35 mph and a bike drives down the white line passing between two cars. - I as a officer would have written a ticket for Reckless Driving in a heart beat.

Traffic stops at a red light and a bike slowly pulls between cars and drives to the front of the line. - As a officer I would have interpreted this as lane splitting and I would not have written a ticket.

Don't ask me where the grey line begins or ends because that another argument that different religious wars could be made of.
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Old 05-25-2007, 07:46 PM   #33
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Dub your confusing enforcement with 'legality'... A leo can tell you if their likely to write a ticket or not. A judge or attorney can better tell you if your likely to get into trouble.

The most accurate statement at this point in time, is that it is not legal to do it.
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Old 05-26-2007, 12:14 PM   #34
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All good points, and all correct. I agree 100% and that is what I was trying to say to begin with. I know you can be ticket if your acting like an @$$hat. Like I said don't "give" them a reason to ticket you. Sharing a lane is legal but can be interpreted to be not if you are doing it in a certain way. Be safe, use your head. I know the law is innocent until proven guilty in a court of law, but we still get treated guilty when being ticketed. If the question was will you get ticketed the answer is "maybe", if the question was is there a law, the answer is they can squeeze it into another offense but it may not stick in court there is no defined law.
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Yes, I am made of scars

This one had it coming - This one found a vein
This one was an accident, but never gave me pain
This one was my fathers and This one you can't see
This one had me scared to death,
[U]But I guess I should be glad I'm not dead[/U]

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Old 05-26-2007, 12:43 PM   #35
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Quote:
Originally Posted by Dub_B83
All good points, and all correct. I agree 100% and that is what I was trying to say to begin with. I know you can be ticket if your acting like an @$$hat. Like I said don't "give" them a reason to ticket you. Sharing a lane is legal but can be interpreted to be not if you are doing it in a certain way. Be safe, use your head. I know the law is innocent until proven guilty in a court of law, but we still get treated guilty when being ticketed. If the question was will you get ticketed the answer is "maybe", if the question was is there a law, the answer is they can squeeze it into another offense but it may not stick in court there is no defined law.

there is no law in the books that states lane sharing/splitting is legal. problem is...there's no law stating it isn't either. therefore it's up to the officer's descretion on whether he wants to give you a citation or not.

however, fact of the matter is, houston traffic does not take kindly to lane splitters and the time you save by doing so could very well cost you serious injury or death when someone decides they want to open their door infront of you, or cut you off.
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Old 05-26-2007, 01:31 PM   #36
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^^^ Also a good point, there are a lot of angry drivers here!
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This one was an accident, but never gave me pain
This one was my fathers and This one you can't see
This one had me scared to death,
[U]But I guess I should be glad I'm not dead[/U]

Yes I am made of scars
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Old 05-26-2007, 01:38 PM   #37
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Quote:
Originally Posted by Dub_B83
^^^ Also a good point, there are a lot of angry drivers here!

my father was nearly killed when an old lady did it to him on the freeway when he was living in Los Angeles, people hate it there even though it's legal and widely accepted.
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Old 05-27-2007, 09:00 AM   #38
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I ride close to the shoulder when I do it, that way I have a quick out and I'm not trapped next to another car. Just don't ride ON the shoulder, unless someone forces you on to it by being a d!ck.
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[CENTER]Cut right into me
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Yes, I am made of scars

This one had it coming - This one found a vein
This one was an accident, but never gave me pain
This one was my fathers and This one you can't see
This one had me scared to death,
[U]But I guess I should be glad I'm not dead[/U]

Yes I am made of scars
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Old 05-29-2007, 10:07 AM   #39
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Here's what the MSF of the DPS provided...

"We queried our Highway Patrol Folks and this is what they gave us.



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

(a) An operator on a roadway divided into two or more clearly marked lanes for traffic:

(1) shall drive as nearly practical entirely within a single lane; and

(2) may not move from the lane unless that movement can be made safely.



If you have any questions or if I can be of any assistance, contact me at 512/424-2803, 1-800-292-5787 or clif.burdette@txdps.state.tx.us"
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Old 05-29-2007, 10:38 AM   #40
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nothings set in stne, just hinted at
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