Legally Speaking: Attack of the abominable snow (plow) man

"If a driver cannot be prosecuted with video evidence and testimony from a victim for violating this statute [3 foot passing distance], when would such prosecution be appropriate?"

Next week, we

Velo News: <a href="http://www.velonews.com/article/71866">http://www.velonews.com/article/71866</a>;
Jeff's Blog with video: <a href="http://bikesafer.blogspot.com/2007/12/riding-my-bike.html">http://bikesafer.blogspot.com/2007/12/riding-my-bike.html</a>;