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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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#2
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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 -- Posted via Mailgate.ORG Server - http://www.Mailgate.ORG |
#3
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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. -- I think. Therefore, I am not a conservative! ----- http://members.iglou.com/bandit ------ Check out my blog blogga blog at http://bandit73.pitas.com ********** THE REVOLUTION BEGINS WITH YOU! *********** *** Write-in Tim Brown for U.S. House in Nov. 2004 *** ************* (Kentucky's 4th District) ************** |
#4
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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
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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
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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
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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
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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
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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 -- -- Powered by FreeBSD Above address is just a spam midden. I'm really at: tkeats [curlicue] vcn [point] bc [point] ca |
#10
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Beating a NYC bike traffic ticket on a technicality
Mon, 10 Nov 2003 23:04:19 -0800, ,
(Tom Keats) wrote: 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. I love watching them take the bait. It's easy to get a rise out of them as you prepare to take off from a stop *precisely* on the green. -- zk |
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