Bike Ticket: Ran Stop Sign

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36,631
Location
ME
Originally Posted By: sleddriver
Update: Received notice last month that my trial was scheduled for today. I showed up early. Courtroom was locked. After waiting about 30min. me & others filed in, signed in and sat down. I was called in for yet another Pre-trial conference where I was offered the same deal. Pay the fine or proceed. I chose the later. After another 30min., this time the judge came in. However, the officer didn't appear and the proscecution asked for a postponement. Rather than get the case dismissed, it was rescheduled for yet another to-be-determined-date. In less than 30days, the case will be > 1yr old. What a huge waste of time. Perhaps I'll request the deputy's video camera records.
There may be a way to object to the postponement. Research ahead of time as you will need very specific lingo.
 

BeerCan

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1,848
Location
FL
One could object to a postponement but it is still up to the judge to decide. One could call the judges office and speak to the clerk and state your objection, then follow it up with a letter to the judge. IMO it will probably be an exercise in futility.
 
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2,414
Location
NY, NY
A coworker and I ride Dahon folders to work every day with a train ride in the middle. In the afternoon, we don't always leave at the same time so we don't always ride together. When we do, he takes a train that's 9 minutes earlier than mine so he's in a hurry. Always rolling through red lights and such... I always told him he shouldn't do that. Low and behold, he got a ticket for 190 dollars. I think he went to court and got it knocked down to 50. Hope you do ok with yours. I've been following this thread and don't think you deserved that ticket.
 
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1,611
Location
Ca
From today's news: "Cyclists in California would be allowed to pedal past stop signs — without stopping — under legislation proposed by two lawmakers who say it would make the roads safer." I hope it passes.
 
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3,667
Location
Parts Unknown
Originally Posted By: totegoat
From today's news: "Cyclists in California would be allowed to pedal past stop signs — without stopping — under legislation proposed by two lawmakers who say it would make the roads safer." I hope it passes.
How is rolling through stop signs safer? The only benefit I see is less wear on the cleats of your clipless pedals (if you cannot track stand)
 
Messages
680
Location
Iowa
Originally Posted By: UG_Passat
How is rolling through stop signs safer? The only benefit I see is less wear on the cleats of your clipless pedals (if you cannot track stand)
The best thing for smooth traffic flow is whatever gets the cyclist through the intersection quickly and efficiently. If you insist on the cyclist stopping (some local deputies insist that if you don't put a foot down - you didn't stop), the "best" you can hope for is that he/she keeps one foot clicked in, then pushes off, then hopefully gets the other foot clicked in within a couple of revolutions, then slowly builds enough speed to get through the intersection. It could (and often does) end up being much slower than that. Here in my town, many (but not all) motorists, perhaps from experience, seem to recognize this and prefer to just wave the cyclist through - even if it was their (the motorist) "turn" to cross. In a number of states, this is already the law and sometimes referred to as a "stop sign as yield" law.
 
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Messages
6,387
Location
KY
Well, it's obvious that the citing officer is a bit of a jerk; ditto for the prosecutor. In my jurisdiction we didn't have time to waste litigating garbage citations. That said... The time to object to a continuance is at the time the motion to continue was made. My rule of thumb was that if the prosecuting witness was subpoenaed and failed to appear(with no legitimate excuse) the case was dismissed. You might want to at least discuss things with a qualified attorney; at least learn what your options are. If you do go to trial, be calm and respectful; explain the facts in a logical fashion and don't let the cop or prosecutor get under your skin.
 
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26,404
Location
MA, Mittelfranken.de
My only question is what is the bicycle had an engine and called a motorcycle would it be any different or a human powered car? Granted it all sounds stone crazy but I see where they are going with this. Two wheel vehicle runs red light, the source of power is irrelevant theoretically you could shut the engine on the motorcycle off and paddle walk it through the red light. Looking at it that way you are as guilty as sin and I would bet that's exactly how they will argue it and your hosed, IMO your lucky the loony toon didn't charge you with passing on the right. I would pay up and keep it of my record.
 
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1,462
Location
CA
The last time in court you should have asked the judge to dismiss the case because your right to a speedy trial was being violated. Do you know the specific part of the vehicle code you are being charged with? You need to get hold of the exact text of the law so that you can poke holes in any evidence against you.
 

sleddriver

Thread starter
Messages
4,836
Location
Central Texas
Here's the details: I was already prepared for trial. I was called in for the same (4th? 5th?) pre-trial conference in which no deal is made: Pay the full fine or go to court. I again chose the later. One prosecuter mentioned that the deputy was again a no-show and they would be requesting another continuance. Then an aide chimed in that he was on his way and would arrive in 10min. Around 50 min later, I'm told the deputy would NOT be appearing and so they WOULD be seeking another continuance. I planned to object. At this point, I stop reviewing my list of Q's to ask the deputy and begin writing out my objection statement. I'm handed some papers and a form to sign indicating I've received them. When I reply I already have these yet signed no 'receipt', I'm informed I should have been given one to sign. As I review their evidence list I note no car video, no personal video nor audio. Interesting that as I thought this was now SOP. I'm first at bat. The judge walks in. I'm already standing. I sit when asked. The prosecuter (mid-20's), stands asks for his continuance. I stand and make my objection and a brief point that this case is now over 14 months old, has been in two courts now, and once again the deputy is a no-show. I respectfully ask for it to be dismissed. The judge agrees without hesitation, adding obviously the deputy is too busy to show up for two trials to defend a ticket he wrote. Case dismissed. I'm done. I'm outta there. As I was leaving the parking lot, I find myself being followed by a large, completely blacked-out Suburban. I saw the guy get into the vehicle at the same time I was, just out of the corner of my eye. Odd that.... He trails me about 50yrds on the hwy. I'm doing the 50mph speed limit. Last thing I want is a speeding tkt just after going through all of this mess. I decide to turn off and see if he passes. Nope....he follows me. I travel about 2mi down a winding country road going no faster than 30 mph and turn left into a nursery. This time he passes me. Coincidence? Maybe...maybe not. So after all the work I've done to prepare my case, he no-shows twice. For whatever reason, he fails to appear to be questioned under oath by the prosecuter, me and the judge. He could have been certainly 'schooled' by the later. Especially after hearing the actual details. She does hold authority over him and he would have to answer her questions. I'm glad this whole mess is over, I'm not out $300 bucks, my driving record remains clean, my sled insurance won't go up over a bicycle ride and I'm done with dealing with the county legal dept. I was well-prepared, well-dressed, and well-mannered. I was looking forward to several points. One, given that the right-turn-only lane width was 11' and the Ford Explorer he was driving measures 7'9" in width (mirror-to-mirror), leaving about 3'. If he perfectly centered his vehicle in the lane, that would leave 1-1/2' on either side. I'm about 2' wide at the shoulders. How is it possible for me to have fully ridden past him on the right-hand-side? It's not. Odds are there would be even less room as most veer right before stopping when making a right-hand turn. So how's it possible with even less room? I even had a photo of the intersection, with cars present in the rt. hand lane, demonstrating this very behavior. Sooner or later this deputy is going to have to appear in this judge's court. That'll be interesting....
 
Messages
5,651
Location
Iowa
Good to hear that the charges were dismissed! I agree that the whole thing was silly from the start- including a potential rate raise in car insurance for a non-licensed, non-insured bicycle stop
Originally Posted By: sleddriver
Sooner or later this deputy is going to have to appear in this judge's court. That'll be interesting....
That much I doubt. It'll be business as usual.
 

sleddriver

Thread starter
Messages
4,836
Location
Central Texas
Thanks for the kudos! I wonder where all the critics/dumpers are? They sure are quiet! At least one of the useful commenters here is a Judge. He wouldn't allow this non-sense to go on his courtroom. Of course, in my case the Judge didn't and still doesn't know the facts of the case as I was never able to present them. Unless they read BITOG....lol. This deputy definitely wanted to make a statement by writing a ticket, rather than giving me a warning. Yet he no-showed twice to defend his action while I was present numerous times, both pre-trial & at trial, to defend mine. Sometimes you win just for showing up......
 
Messages
680
Location
Iowa
Congratulations!! It sounds like your guy is a blood brother to a local deputy who obviously hates bike/bikers. He has been known to hide close to areas where bike trails cross public highways. If he allegedly sees a biker proceed across the highway without touching a foot to the ground (which is NOT part of the statute), he has chased them down on the trail (with full lights and siren) to give them a "failure to stop" citation. He has been highlighted by one of the local TV news stations for his behavior, and had several cases thrown out of court. I can't help but wonder how many poor souls paid the ticket rather than contest.
 

sleddriver

Thread starter
Messages
4,836
Location
Central Texas
Wow...'stop trap' for bikes, eh? This deputy wasn't lying in wait...he was just blocking the rt. hand turn lane. I get the impression he thought I was challenging his authority. Then again, maybe he WAS lying in wait...to see how long I would wait...on him to move on.
 
Messages
395
Location
Texas
What about the black helicopter, where did it go when you turned into the nursery? You did not see or hear the 'copter? They are that good! Makes the CIA, FBI, ICE, KGB, and all the former Soviet Policija look lame! No coincidence, it was a LEO folowing.....you are seen as a "troublemaker", a disrespector of law, a menace to society, a hoodlum, and to top it off, you ride a bicycle! Top of the most wanted list for you ...... sad, so sad. You will be a wanted man forever, known as the "Chupacabra Bikemeister"! Whatever you do, do not join up with a biker gang and visit Waco. The no-show deputy, he got what he wanted....not to enforce the law, but only to cause you some grief, happens all the time. Glad you went all the way with it!!!
 
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