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I received a traffic citation tonight.



 
 
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  #1  
Old October 31st 03, 06:53 AM
dlakey
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Posts: n/a
Default I received a traffic citation tonight.

Hello fellow bikers.

I had a most interesting experience tonight. I was commuting home from work.
It is approximately 3.6 miles from work to home. I was about a mile into my
commute home at 9:30PM riding in the right half of the right hand land of a
5 lane road. I usually average about 15 mph on my commutes. Speedlimit in
this area is 40mph I believe. I have reflectors on both front and back of my
bike, I have a cateye headlight on and a blinking tail light. I am wearing a
helment. I hear this PA come on behind me saying, "get off the road, that's
what sidewalks are for." Well my first reaction is that this must be some
kid who has a PA hooked up in their car. Well I look back over my shoulder
and notice it is a police car. Well at this point I'm thinking what the
hell? I go ahead and pull over to the sidewalk and stop thinking he is going
to stop too so I can ask him what the hell. Well he takes off and goes on.
Well I have read these boards enough to know that the sidewalk is not the
safest place to be. I also know the laws here in arksnas enough to know that
I have a right to the road. Well I go ahead and pull back out into the road
and try to catch up to the officer to ask him what the hell he is talking
about. Well at this point he has gotten so far ahead I can't see him. About
a mile farther down the road I see the blue lights behind me. I go ahead and
pull over into the parking lot of a restaurant. He get's out of his car and
I can tell right away he has a serious attitude. Hell he was just a kid. I
wouldn't be suprised if he wasn't young enough to be my son. Well he
certainly didn't show me any respect. He get's out of his car and tells me
"I warned you once to get out of the road, now I should just throw you in
the car and haul you down to jail." I'm like whoa, what is this guys
problem. Anyway, I maintain my cool, and in a very sensible way try to
explain to him that my understanding was that a bicycle had as much right to
the road as any other vehicle. He proceeded to tell me that this was
absolutely not the case, and if you were going to be on a bike you had to
either be on the sidewalk, or over in the grass if there wasn't a sidewalk.
I tried to tell him that my understanding of the law was that you had to
have a reflector front and back and a headlight on the front. And ride on
the right side of the road. He tells me I am wrong. I ask him if he could
provide me with the particular law that backs him up. He tells me he doesn't
have to do that and out there on the road he IS the law. I ask him if there
is any one to appeal HIS decisions to he says NO. At this point he says he
is just going to let me go with a warning. I guess I should have just let it
go at that. Well I wanted to know what his name was so I asked him very
nicely what his name was. Well this was apparantly the wrong thing to do.
He's like "That's IT!" He get's his little cell phone out and calls up the
station and starts asking them what he can cite me for. Well after talking
to one person and not coming up with anything, she passes him to someone
else and they finally come up with "Failure to obey a Police officer." Which
just reinforces what I said all along, there was no law which said I
couldn't ride in the road

I'm sorry for my monoparagraph there but I am still somewhat upset about
this whole thing. I never did smart off to him. I maintained my cool the
whole time. The road was 2 lanes each direction with a turning lane in the
middle typical of a business district.

So is it true that the cops make up the laws while they are on the road??

Should I fight the ticket?

Thanks in advance for your advice

Dan


Ads
  #2  
Old October 31st 03, 06:54 AM
Eric S. Sande
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Posts: n/a
Default I received a traffic citation tonight.

So is it true that the cops make up the laws while they are on the
road??


No, they make them up at the donut shop.

Making up laws on the road would be dangerous.

--

_______________________ALL AMIGA IN MY MIND_______________________
------------------"Buddy Holly, the Texas Elvis"------------------
in.edu__________
  #3  
Old October 31st 03, 07:16 AM
Pete
external usenet poster
 
Posts: n/a
Default I received a traffic citation tonight.


"dlakey" wrote in message
...
Hello fellow bikers.

I had a most interesting experience tonight. I was commuting home from

work.
It is approximately 3.6 miles from work to home. I was about a mile into

my
commute home at 9:30PM riding in the right half of the right hand land of

a
5 lane road. I usually average about 15 mph on my commutes. Speedlimit in
this area is 40mph I believe. I have reflectors on both front and back of

my
bike, I have a cateye headlight on and a blinking tail light. I am wearing

a
helment. I hear this PA come on behind me saying, "get off the road,

that's
what sidewalks are for." Well my first reaction is that this must be some
kid who has a PA hooked up in their car. Well I look back over my shoulder
and notice it is a police car. Well at this point I'm thinking what the
hell? I go ahead and pull over to the sidewalk and stop thinking he is

going
to stop too so I can ask him what the hell. Well he takes off and goes on.
Well I have read these boards enough to know that the sidewalk is not the
safest place to be. I also know the laws here in arksnas enough to know

that
I have a right to the road. Well I go ahead and pull back out into the

road
and try to catch up to the officer to ask him what the hell he is talking
about. Well at this point he has gotten so far ahead I can't see him.

About
a mile farther down the road I see the blue lights behind me. I go ahead

and
pull over into the parking lot of a restaurant. He get's out of his car

and
I can tell right away he has a serious attitude. Hell he was just a kid. I
wouldn't be suprised if he wasn't young enough to be my son. Well he
certainly didn't show me any respect. He get's out of his car and tells me
"I warned you once to get out of the road, now I should just throw you in
the car and haul you down to jail." I'm like whoa, what is this guys
problem. Anyway, I maintain my cool, and in a very sensible way try to
explain to him that my understanding was that a bicycle had as much right

to
the road as any other vehicle. He proceeded to tell me that this was
absolutely not the case, and if you were going to be on a bike you had to
either be on the sidewalk, or over in the grass if there wasn't a

sidewalk.
I tried to tell him that my understanding of the law was that you had to
have a reflector front and back and a headlight on the front. And ride on
the right side of the road. He tells me I am wrong. I ask him if he could
provide me with the particular law that backs him up. He tells me he

doesn't
have to do that and out there on the road he IS the law. I ask him if

there
is any one to appeal HIS decisions to he says NO. At this point he says he
is just going to let me go with a warning. I guess I should have just let

it
go at that. Well I wanted to know what his name was so I asked him very
nicely what his name was. Well this was apparantly the wrong thing to do.
He's like "That's IT!" He get's his little cell phone out and calls up the
station and starts asking them what he can cite me for. Well after talking
to one person and not coming up with anything, she passes him to someone
else and they finally come up with "Failure to obey a Police officer."

Which
just reinforces what I said all along, there was no law which said I
couldn't ride in the road

I'm sorry for my monoparagraph there but I am still somewhat upset about
this whole thing. I never did smart off to him. I maintained my cool the
whole time. The road was 2 lanes each direction with a turning lane in the
middle typical of a business district.

So is it true that the cops make up the laws while they are on the road??

Should I fight the ticket?

Thanks in advance for your advice

Dan


IANACOAL

A) Arkansas Legislation
27-49-111. Use of bicycles or animals.
Every person riding a bicycle or an animal, or driving any animal drawing a
vehicle upon a highway, shall have all the rights and all of the duties
applicable to the driver of a vehicle, except those provisions of this act
which by their nature can have no applicability.

I found nothing that regulates bikes to the sidewalk. Nor any prohibition,
either.

B) "Failure to obey.." - Obey an unlawful, potentially dangerous order? Not
a chance.

C) Fight it. I know I would

Pete


  #4  
Old October 31st 03, 08:39 AM
Dennis P. Harris
external usenet poster
 
Posts: n/a
Default I received a traffic citation tonight.

On Thu, 30 Oct 2003 23:53:51 -0600 in rec.bicycles.misc, "dlakey"
wrote:

So is it true that the cops make up the laws while they are on the road??

of course not. this kid needs to go back to police academy.

Should I fight the ticket?

hell yes! he can't cite you for failing to obey an ILLEGAL
order.

the online citation of the arkansas law is
http://www.arkleg.state.ar.us/NXT/ga...ction35788.htm

if you want to search the state codes, go to
http://www.arkleg.state.ar.us/data/ar_code.asp

i always carry a copy of state statutes and regs pertaining to
bike in my bike bag. it's been printed to fold up to wallet size
by our bike club, and we used them as safety handouts for several
years.

the relevant laws for arkansas appear to be very brief --- you
might want to copy and paste the relevant parts from your browser
into word, and then print it in small type, so it's pocket sized.




  #5  
Old October 31st 03, 08:47 AM
Zoot Katz
external usenet poster
 
Posts: n/a
Default I received a traffic citation tonight.

Thu, 30 Oct 2003 23:53:51 -0600, ,
"dlakey" wrote:

Should I fight the ticket?


If you've a chance of winning. If not, set fire to the police station.

That stupid punk should be put on bicycle patrol for a few years until
he smartens-up or some righteous pedestrian smacks 'em down for riding
on the sidewalk.

Sidewalk riding is prohibited here unless specifically permitted or
required by signs or directed by a police officer.
--
zk
  #6  
Old October 31st 03, 09:30 AM
223rem
external usenet poster
 
Posts: n/a
Default I received a traffic citation tonight.

dlakey wrote:
Hello fellow bikers.

[...]

Sorry, I find your story impossible to believe.

  #7  
Old October 31st 03, 09:44 AM
dlakey
external usenet poster
 
Posts: n/a
Default I received a traffic citation tonight.

I hope your kidding, because I am most certainly NOT joking with you.
Believe me I wish I was!!! I really wish I had a scanner, I would scan this
freaking ticket and post it on the web and tell you to stick it up your A$$!

Under vehicle description/MAKE/MODEL he wrote in Bicycle.

Under violaTION HE checks other. and cites Arkansas 27-49-107 or 103 I
really can't read which it is, but it says Disobeyed Police Officer.

If you don't believe me OH WELL, that is your probelem, but I really hope
you are just joking.

Dan
"223rem" wrote in message
.com...
dlakey wrote:
Hello fellow bikers.

[...]

Sorry, I find your story impossible to believe.



  #8  
Old October 31st 03, 09:57 AM
223rem
external usenet poster
 
Posts: n/a
Default I received a traffic citation tonight.

dlakey wrote:
I hope your kidding, because I am most certainly NOT joking with you.
Believe me I wish I was!!! I really wish I had a scanner, I would scan this
freaking ticket and post it on the web and tell you to stick it up your A$$!



Riding on the sidewalk is illegal (unless you are 5 years old or
something). Even the most retarded cop would know that.

So there must be something you are not telling. He didnt bust you for
not riding on the sidewalk.

  #10  
Old October 31st 03, 12:11 PM
Doug Huffman
external usenet poster
 
Posts: n/a
Default I received a traffic citation tonight.

I see that you are doing what I suggested in my response to your
touring@phred post. Keep the faith! Don't be distracted by the nay-sayers.


"dlakey" wrote in message
...
I hope your kidding, because I am most certainly NOT joking with you.
Believe me I wish I was!!! I really wish I had a scanner, I would scan

this
freaking ticket and post it on the web and tell you to stick it up your

A$$!

Under vehicle description/MAKE/MODEL he wrote in Bicycle.

Under violaTION HE checks other. and cites Arkansas 27-49-107 or 103 I
really can't read which it is, but it says Disobeyed Police Officer.

If you don't believe me OH WELL, that is your probelem, but I really hope
you are just joking.



 




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