Is not scanning considered a Critical Driving Error?

I live in California. I just did my test for the 2nd time and only got 4 marks - all of which were traffic checks.

I've been told to be obvious about checking my mirrors and to scan constantly in a dramatic way. I was doing this but apparently it wasn't obvious enough and I was flunked automatically for a "Critical Driving Error" because I "didn't" scan the bike lane before going through it while making a right turn. However, I distinctly remember checking it before I turned as I remember thinking to myself "Ok, there's a bike lane and I have to make sure I get into my lane".

My pleas were lost on the driving examiner who even said I was good and his only comments were to scan constantly. He didn't check off which Critical Driving Error it was on scoresheet and I looked through the items and I don't feel that, even if what he was saying WAS correct (he's entitled to his point of view, after all, and may not have seen me look), would be considered any of the Critical Driving Errors that are listed on score sheet.

Any suggestions? I'm not trying to be a whiny baby - the 1st time I took the test, I totally deserved a flunk so I'm not just trying to assert my rightness. I just don't understand why I flunked and the examiner just kept repeating that I didn't look in bike lane.

4 marks though - nothing but traffic checks were marked off as a flunk. I mean, I'm allowed 15 marks. I can't believe they're so robotic about this... do I just have to swing my head left and right and bob it up and down to make it even more obvious that I'm scanning? That just seems ridiculous. I can scan without having to swing my head around every second

I'm going to go for the 3rd time and really need to pass - otherwise, I have to wait a whole year before retaking the test. I'm a good, safe driver and know many friends who are MUCH worse drivers and yet they got their license.

Anybody have any clue on this...? My driving test instructor is really confused at why I would've flunked. He looked at the score sheet and said I should have passed, especially since I got only 1 more mark than he did when he originally had done the test.