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Beating a NYC bike traffic ticket on a technicality
Hi,
I have been riding around NYC off and on for 30 years. After 9/11, I decided to minimize the use of my car and gas consumption, I began commuting to work by bike again averaging over 4000 miles a year. I consider myself a reasonble and safe rider. I wear a a helmet and have blinking lights in the front and back. I got my first ticket recently. Although I have never fought a ticket before and I want to fight this one. The ticket describes the infraction as " improper riding of bicycle" in violation of section 1232 sub A. Section 1232. Riding on bicycles. (a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto, nor shall he ride with his feet removed from the pedals. I ride an older well maintained road bike with toe clips so the above violation I am being accused of does not describe the infraction at all. If the police officer shows up, can I assume that since he selected the wrong violation that I would win on a technicality? The ironic thing was that a SUV ran a red light right in front of me and this police officer in his squad car while we were both waiting for my light to turn green, and he gives me a ticket. Any constructive comments to fight this ticket are welcomed. Regards Joe |
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