California Vehicle Code 21209 prohibits motorists from driving on designated bike lanes. According to this statute, driving in a bike lane is not a crime, but an infraction where violators can receive a fine without criminal charges.
Driving on a Bike Lane in California
Motorists are only permitted to drive on the bike lane in the following scenarios:
- To enter or leave the road
- Preparing for a turn at an intersection
- To park
California Vehicle Code 21209 does not allow motorized bicycles in the bike lane, however, when they are in the bike lane, they’re required to drive at a safe speed. The statute goes on to say:
“(a) No person shall drive a motor vehicle in a bicycle lane established on a roadway pursuant to Section 21207 except as follows:
(1) To park where parking is permitted.
(2) To enter or leave the roadway.
(3) To prepare for a turn within a distance of 200 feet from the intersection.
(b) This section does not prohibit the use of a motorized bicycle in a bicycle lane, pursuant to Section 21207.5, at a speed no greater than is reasonable or prudent, having due regard for visibility, traffic conditions, and the condition of the roadway surface of the bicycle lane, and in a manner which does not endanger the safety of bicyclists.”
Penalties for Violation of CVC 21209
A violation of California Vehicle Code 21209 can result in a standard fine of $238 per violation. Each violation is worth one point on your DMV record. The DMV will track your points for up to three years, and if you receive too many points for violations, you could have your license suspended.
According to the DMV, your driver’s license can be suspended for six months if you accumulate:
- 4 points within 1 year.
- 6 points within 2 years.
- 8 points within 3 years.
For these penalties to be decided, you will have to attend a California DMV hearing. In addition to dealing with the DMV, any accumulated points will also be reported to your insurance carrier, which can potentially increase your premiums. So, while driving in the bike lane can seem like a minor violation, it can create serious obstacles and consequences for drivers unwilling to follow the law.
Legal Defenses for CVC 21209 Violations
In the case you’ve received a violation for driving in a bike lane, there are three common defenses:
- You drove in the bike lane under one of the exceptions found in CVC 21209
- There was an emergency that required you to drive in the bike lane
- The officer made an incorrect assessment of your driving
All legal defenses to traffic violations will require evidence to support your claim. Evidence in a traffic case usually includes:
- Dashcam footage
- Photographs
- Traffic surveillance videos
- Witness statements
If you need to defend yourself from a traffic violation, it is in your best interest to contact a California Attorney. An attorney will be able to negotiate a better deal for you or have the charges dismissed, as well as represent you in court.
Find Support for Your Traffic Violations
If you or a loved one are seeking legal help after a traffic violation, the attorneys at Maison Law are here to make you aware of your rights and advocate on your behalf. For trusted legal counsel, contact Maison Law today for a free consultation and case evaluation. No upfront money is required and we don’t get paid unless we win your case.
