“These cops are charging cyclists with a law that does not apply,” said White, who had advised Brauer to argue that the traffic statute allows cyclists to use their judgment, and use the lanes when they are safe to use. “You can’t be convicted of something that doesn’t apply in New York City,” White noted. “If they are charging you with something that doesn’t apply, it’s impossible for you to defend yourself — it’s a violation of due process.” The judge agreed — and tossed the ticket.

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