BOB MIONSKE ON THE 3-FOOT LAW
[Bob Mionske responds to these and other comments:]...
My question: If, on a rural 2-lane road, an officer gives a motorist a citation for part of the vehicle crossing the double yellow in order to grant the cyclist room, assuming there was clearly sufficient room to do so without peril from an oncoming vehicle, what is the likeliest scenario in a courtroom if the motorist decides to contest this citation?
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It would seem intuitive that the decision to mark a road double yellow as opposed to a broken yellow is based on engineering decisions contemplating cars passing other cars at high speed. Might the court agree and, if so, could the fact that a car is passing a cyclist, rather than a motorist, be a mitigating factor in the court's decision, and could this be a reasonable defense by a motorist charged with a violation of 21460?
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<a href="http://www.bicyclelaw.com/blog/index.cfm/2014/11/5/Bob-Mionske-on-the-3Foot-Law">http://www.bicyclelaw.com/blog/index.cfm/2014/11/5/Bob-Mionske-on-the-3Foot-Law</a>;
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