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Beating a NYC bike traffic ticket on a technicality



 
 
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  #1  
Old November 11th 03, 05:05 AM
JoeD
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Default 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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  #2  
Old November 11th 03, 05:44 AM
Hans Kohb
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Default Beating a NYC bike traffic ticket on a technicality

"JoeD" wrote in message
hlink.net


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?


From your question, I get an impression that you may have comitted some
violation, but not the one you were cited for.

Would you care to share with us the "real" violation, and perhaps we can
evaluate your odds a little better.

Hans



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  #3  
Old November 11th 03, 06:19 AM
Hi, I'm TV's Oscar The Grouch
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Default Beating a NYC bike traffic ticket on a technicality

I'd throw that ticket right in the trash.

Why didn't they ticket the SUV?

Just another result of having the product of humans mating with farm
animals in the mayor's office for the past 10 years.

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  #4  
Old November 11th 03, 06:32 AM
Q.
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Default Beating a NYC bike traffic ticket on a technicality


snip
I got my first ticket recently.


It wasn't a ticket, is was a ransom note ... armed robery.

Fight it.

The thing you have to remember is there is no justice in the justice system.
It's a big black sucking vortex. Really ... it's all just a game. You
might have to fork over your hard earned money, you might not. They want
your money more than anything, and you're nothing to them. What you
actually did is irrelevant ... just ask OJ.

Some things ...

If you haven't gotten any tickets for years, in some places you get a
"freebee". You can asked to have it dismissed based on the fact you're a
good driver. What this really means is that you're one of the "acceptable"
people ... affluent taxpaying voter. Like I said, it's all a game ... don't
**** off voters with money. If you're poor and ignorant (or just look like
it) your chances off getting off are severely lessened ... unless the judge
got a Lewinsky that morning.

If the cop is a rookie, and this is his first ticket or something ... you'll
have to pay. Judges do that as a favor to newbie's. Makes them aware that
one hand strokes the other. It wouldn't matter if you had it on video tape
and a station wagon full of nuns saw you, you're still screwed.

Cops are lazy fat *******s for the most part ... at least, the ones who are
slimy enough to mess with regular people. The good cops are out there
actually fighting crime, but the losers have to give out tickets to justify
their existence (and paychecks). I don't blame them either ... hey,
criminals are DANGEROUS! The slob might not show up. He can hand out
several more ransom notes in the time it takes him to go to court ... or he
might just be hung-over from all the crack he smoked the night before some
other hapless victim paid for. Such is life.

Some places, you don't go see a judge right away, you go see a clerk
magistrate. This is their way of saving time and money. It's basically a
bargaining session. They'll offer to reduce the charge so you can pay less
out of the "goodness" of their hearts ... you'll sit there and try to figure
out how much another missed day of work will cost you. The clerk magistrate
is just a puppet, all he does is bargain people down ... he is absolutely
not interested in your story.

Sorry if this sounds bitter ... but it's all a joke.

Fight it anyway, you'll learn something at least. Who knows, your number
might come up in the lottery that day.

So what did you REALLY do?

C.Q.C.




  #5  
Old November 11th 03, 07:13 AM
JoeD
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Default Beating a NYC bike traffic ticket on a technicality

I was waiting at the crossing for my light to turn green. When the
opposite light turned red I waited for a SUV to pass that illegally run
the red light (in front of the cop) and I then began riding. So I was 1
second ahead of my light turning green.
If it is safe and does not interfere with traffic or pedestrians, I
typically start riding after the opposite light turns red and 1 or 2
seconds before my light turns green so I can get a head start on the
traffic.

Hans Kohb wrote:

"JoeD" wrote in message
thlink.net



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?



From your question, I get an impression that you may have comitted some
violation, but not the one you were cited for.

Would you care to share with us the "real" violation, and perhaps we can
evaluate your odds a little better.

Hans



  #6  
Old November 11th 03, 07:14 AM
JoeD
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Posts: n/a
Default Beating a NYC bike traffic ticket on a technicality

I was waiting at the crossing for my light to turn green. When the
opposite light turned red I waited for a SUV to pass that illegally run
the red light (in front of the cop) and I then began riding. So I was 1
second ahead of my light turning green.
If it is safe and does not interfere with traffic or pedestrians, I
typically start riding after the opposite light turns red and 1 or 2
seconds before my light turns green so I can get a head start on the
traffic.

Hans Kohb wrote:

"JoeD" wrote in message
thlink.net



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?



From your question, I get an impression that you may have comitted some
violation, but not the one you were cited for.

Would you care to share with us the "real" violation, and perhaps we can
evaluate your odds a little better.

Hans






  #7  
Old November 11th 03, 07:24 AM
mark
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Posts: n/a
Default Beating a NYC bike traffic ticket on a technicality


"JoeD" wrote ...
I was waiting at the crossing for my light to turn green. When the
opposite light turned red I waited for a SUV to pass that illegally run
the red light (in front of the cop) and I then began riding. So I was 1
second ahead of my light turning green.
If it is safe and does not interfere with traffic or pedestrians, I
typically start riding after the opposite light turns red and 1 or 2
seconds before my light turns green so I can get a head start on the
traffic.


No offense, but it sounds like you ran a red light to me.
--
mark


  #8  
Old November 11th 03, 07:56 AM
GWB
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Posts: n/a
Default Beating a NYC bike traffic ticket on a technicality

I went to court when a cop wrote me a ticket for the wrong violation. When
I described what I actually did and that I was not guilty of the violation
cited, the judge asked the officer why he wrote me for that violation when
he should have chosen another. The officer said because that's what he
thought was right. The judge let me off.


"JoeD" wrote in message
hlink.net...
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



  #9  
Old November 11th 03, 08:04 AM
Tom Keats
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Posts: n/a
Default Beating a NYC bike traffic ticket on a technicality

In article k.net,
JoeD writes:
I was waiting at the crossing for my light to turn green. When the
opposite light turned red I waited for a SUV to pass that illegally run
the red light (in front of the cop) and I then began riding. So I was 1
second ahead of my light turning green.


So, you timed the light, got caught, and got a ticket for
not having your feet on the pedals. If the ticket you got
is less painful than the one you /might/ have got (for
running the red light), maybe the cop was giving you a bit
of a break? Sometimes it's best not to look a gift horse
in the eye. I'd just pay the ticket. Especially if I knew
I was guilty anyway.

If it is safe and does not interfere with traffic or pedestrians


Personally, I figure the middle of the intersection during
that brief moment when all the lights are red, is right
where angels fear to tread. Even if you're just slowly easing
forward, too many drivers go into a "Yikes! A moving bike!" panic
and jam their foot on the nearest pedal.


cheers,
Tom

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  #10  
Old November 11th 03, 01:51 PM
Captain Dondo
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Posts: n/a
Default Beating a NYC bike traffic ticket on a technicality

On Tue, 11 Nov 2003 06:56:52 +0000, GWB wrote:

I went to court when a cop wrote me a ticket for the wrong violation. When
I described what I actually did and that I was not guilty of the violation
cited, the judge asked the officer why he wrote me for that violation when
he should have chosen another. The officer said because that's what he
thought was right. The judge let me off.


Do some research on the jurisdiction - there's one court around here that
will *never* let you off. If you want to plead not guilty, or tell it to
the judge, they will remand you to state circuit court, which means it
will cost you $$$$ and time just to appear.

What they will do is change your violation from one with, say, 4 points,
to one with 0 points - but guess what, the fine for the 0 point violation
is 4 times what the other one is....

Then again, there is another court here where the cop had better have his
ducks in a row. The slightest error and the case gets thrown out of
court. In all fairness to that judge, if he catches you trying to bull****
him, he will stick you with additional fines, court costs, etc.

So, is traffic court where you got the ticket a profit center? If so, pay
the ticket.

-Dondo
 




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