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  1. #1
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    Bike traffic ticket - contest?

    A friend of mine was recently was cited for rolling a stop sign on her bike. Her violation code was VC22450A-B
    In a car, this would be a point on one's license. On a bike, not so sure? Her insurance agent was not able to answer satisfactorily. I've never been ticketed for any moving violation, so I don't know what to advise her.

    It looks like traffic school is not an option (not eligible "if no amount appears in the "Amount Due for Traffic School" box).
    Should she:
    A) Pay the $197 and be done with it
    B) Request court appearance for Arraignment (hear charges / advisement of rights / entry of plea)
    C) Request court trail - contest citation
    ?

    Thanks, fellow safe cyclists

  2. #2
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    Did she roll through the stop sign? If so, A. She should pay the fine and not do that anymore. This is rampant in my neighborhood, and it is very dangerous.

  3. #3
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  4. #4
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    Around here, if you did it, you're better off paying the fine. Even though court costs are added to the ticket, you'll give up 1/2 a day going to court, unless the postpone it for another day. That being said, I was ticketed in the late '80s for speeding and reckless driving. I was doing 47 in a 35 drafting off a station wagon when we passed a motor patrolman on a Harley. He pulled me over, not the wagon. I was able to get the ticket dismissed prior to court by meeting with the county attorney. We didn't have a reckless driving law for bicycles and the patrolman had no way of exactly determining my speed since his radar would have only picked up the station wagon and I was about 3' off that car's bumper.

  5. #5
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    She could cite the "Idaho Stop" law and claim that she thought it had been approved.

    https://cal.streetsblog.org/2018/01/...-signs-spiked/

    (I thought it had already been approved, to tell the truth.)
    You're entitled to your own opinion, but you're not entitled to your own facts.

  6. #6
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    You mean like this?:
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  7. #7
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    It is a non moving violation. Thinking the statute is different does not excuse complying with the law.


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  8. #8
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    Quote Originally Posted by Cary View Post
    It is a non moving violation. Thinking the statute is different does not excuse complying with the law.


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    Ya think?
    You're entitled to your own opinion, but you're not entitled to your own facts.

  9. #9
    fc
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    Make sure the ticket says it's a bicycling violation. It will not affect auto insurance rates in CA.

    With that in mind, I'd recommend just paying the fine and be done with it.
    IPA will save America

  10. #10
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    Quote Originally Posted by fc View Post
    Make sure the ticket says it's a bicycling violation. It will not affect auto insurance rates in CA.

    With that in mind, I'd recommend just paying the fine and be done with it.
    This is good info. I can only speak from a San Diego standpoint but if your friend has the time to appear in court, she'll probably save $100 by appearing in court and pleading no contest or even guilty with an explanation where she'd be able to say "yes I rolled through the sigh but I could clearly see there was no other traffic anywhere around".
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  11. #11
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    Quote Originally Posted by coldawg View Post
    C) Request court trail - contest citation
    Hell yeah, make them build a trail then show them how much fun bikes are!
    Quote Originally Posted by Oh My Sack! View Post
    Remember, there's always quilting and knitting if pedalling becomes too tough.

  12. #12
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    I'd go to trial. Make them prove it, as is her right. Then, in advance of the trial date I'd request a continuance...new trial date. Different places do it differently...I suppose some places try to stick it to bicyclists, but I'd be a little surprised if the DA doesn't drop the charge. I'd also be kind of surprised if the charging officer showed up for court.

  13. #13
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    Will not go against points

    Fight it via ďtrial by written declarationĒ I had a red light violation reduced to $15 once. No need to go to court, but if you donít like the outcome of the trial via mail you can go to court also, basically gives you two chances to fight it.

  14. #14
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    I'd like to see this court "trail". Do the judges ride mountain bikes during a recess? Are there jumps, and if they mess up, do they bail(iff)?

    And this sounds like a Judge Judy episode to me- I hear she could use the money.

    Last edited by Finch Platte; 09-11-2018 at 05:09 PM. Reason: Boogah boogah!
    I wouldn't even get my hair cut except it's near the liquor store and it seems like my eyebrows need trimming now and then.

  15. #15
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    Quote Originally Posted by Forster View Post
    I was about 3' off that car's bumper.
    Sounds like a good idea.
    I wouldn't even get my hair cut except it's near the liquor store and it seems like my eyebrows need trimming now and then.

  16. #16
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    XD
    good catch

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  17. #17
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    When I was a freshman in college. I got a ticket for rolling a stop sign on my bike. It did not go against my driving record. I forget the exact language when they explained why not. But itís along the lines of not being a motor vehicle.I ended up paying the fine and moving on.

    10 years later it has never come up when I bought insurance or anything else automobile related.

    Hope this helps


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  18. #18
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    Darn - I thought this thread was going to be a contest to see who can get the most traffic tickets on their bike

  19. #19
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    Quote Originally Posted by skyno View Post
    Darn - I thought this thread was going to be a contest to see who can get the most traffic tickets on their bike
    You start.
    I wouldn't even get my hair cut except it's near the liquor store and it seems like my eyebrows need trimming now and then.

  20. #20
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    Quote Originally Posted by skyno View Post
    Darn - I thought this thread was going to be a contest to see who can get the most traffic tickets on their bike
    Wish I could help. Lord knows I've tried over the years but I'm a "one and done" rider apparently.

  21. #21
    jrm
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    Appear before the judge

    thats what id do..

  22. #22
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    Quote Originally Posted by Joe_510 View Post
    You mean like this?:
    If she got the ticket in SF, I would show them this video
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  23. #23
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    Obviously it's a moving violation, but practically is it the right law. It's like having speed limits at Skeggs...sure they created a law, but was it implemented with safety studies or targeting one group? Maybe a bike that's moving below x mph should be able to coast through a stop sign. Or maybe not during the hours of A to B. I'd go to court just for the sake of showing how laws applied solely based in theory aren't practical, and not even followed by the legal arm as that vid shows.

  24. #24
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    No real advice from me but this did remind me of when I was in college and hitched a ride pretty much across town by holding the wheel well of a bus. Right as I let go the cop who I did not know was behind me the whole time pulls up and says something like "you are a real ass" then proceeds to pull away. Sometimes you get lucky...

  25. #25
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    I had actually never heard this term before. But then again, I don't ride on the road, ever.

    https://en.wikipedia.org/wiki/Idaho_stop

  26. #26
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    I know this is old news. And I'd like to hear the outcome. I myself had had numerous occasions where law enforcement interrupted a ride and have been to court numerous times for bicycle tickets.

    Threw a banana Peel. Charged with littering. Contested. Guilty. Fined reduced. Trespassing. Guilty. Warned. Paid the Clerk Fees
    Speeding on a public road. 50 in a 25. Contested. Outcome. Guilty, Fine reduced. Paid the clerk
    Rolling a stop sign. Contested. Not Guilty.
    Riding in a closed area after dark. Outcome. Not Guilty
    Speeding in a state park with a posted speed limit, Open Container.. Totally guilty. Fine reduced from $1500 to $300

  27. #27
    jms
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    Quote Originally Posted by 755872 View Post
    Around here, if you did it, you're better off paying the fine. Even though court costs are added to the ticket, you'll give up 1/2 a day going to court, unless the postpone it for another day. That being said, I was ticketed in the late '80s for speeding and reckless driving. I was doing 47 in a 35 drafting off a station wagon when we passed a motor patrolman on a Harley. He pulled me over, not the wagon. I was able to get the ticket dismissed prior to court by meeting with the county attorney. We didn't have a reckless driving law for bicycles and the patrolman had no way of exactly determining my speed since his radar would have only picked up the station wagon and I was about 3' off that car's bumper.
    LOL! Awesome! The story alone is worth a ticket!
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  28. #28
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    Maybe the "court trail - contest ticket" could be like the $5/foot trail contest. And everyone gets a bike

  29. #29
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    Are the same people that roll through stoplights/signs on their bikes the same that roll through or never look the opposite way when driving through them? Especially annoying when I'm riding are the ones that run the light/sign and stop 20 feet ahead of it.
    "It's only when you stand over it, you know, when you physically stand over the bike, that then you say 'hey, I don't have much stand over height', you know"-T. Ellsworth

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  30. #30
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    Quote Originally Posted by Jayem View Post
    Are the same people that roll through stoplights/signs on their bikes the same that roll through or never look the opposite way when driving through them? Especially annoying when I'm riding are the ones that run the light/sign and stop 20 feet ahead of it.
    I have never ridden with a single cyclist that stops at stop signs in neighborhoods when clear. And I have to ride through a dozen of them before getting to the trails from my house.

  31. #31
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    Quote Originally Posted by RBoardman View Post
    I have never ridden with a single cyclist that stops at stop signs in neighborhoods when clear. And I have to ride through a dozen of them before getting to the trails from my house.
    So should cars disregard the rules too?
    "It's only when you stand over it, you know, when you physically stand over the bike, that then you say 'hey, I don't have much stand over height', you know"-T. Ellsworth

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  32. #32
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    Quote Originally Posted by Jayem View Post
    Are the same people that roll through stoplights/signs on their bikes the same that roll through or never look the opposite way when driving through them? Especially annoying when I'm riding are the ones that run the light/sign and stop 20 feet ahead of it.
    No, I stop in my car, often roll though on my bike (stop signs, not lights). I don't have to unclip in my car. I always slow down enough that I can stop if needed and I do stop if there are cars that have the right of way. And it is legal to run a red light on a bicycle where I live under certain conditions (after stopping).
    Quote Originally Posted by Oh My Sack! View Post
    Remember, there's always quilting and knitting if pedalling becomes too tough.

  33. #33
    jrm
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    So OP..wheres the follow-up?

    abandoned thread goes haywire....but we never found out what happened...

  34. #34
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    I have had a couple of cycling tickets. Both were hundreds of dollars. I wasn't happy about it seeing how much I pay the county for property taxes.

  35. #35
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    Thread is only a week old. If you ride up to every deadline and then go via trial by written declaration, and then court date after that, it could go on for six months

  36. #36
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    Quote Originally Posted by Darth Lefty View Post
    Thread is only a week old. If you ride up to every deadline and then go via trial by written declaration, and then court date after that, it could go on for six months
    What would one write in her written declaration so as to make it most effective?

  37. #37
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    Quote Originally Posted by coldawg View Post
    What would one write in her written declaration so as to make it most effective?
    Make something up. Long ago, I was in a replica Cobra and driving way too fast, weaving in/out of traffic, and had no idea I was being eyed by the police helicopter. Ground units pulled me over, but didn't see any of my infractions. I was written up for following too closely, unsafe lane change, and speeding. All issued on behalf of the helicopter pilot.

    I did a written declaration. I took pictures of potholes in the street and said I was trying to avoid the road imperfections. The helicopter pilot couldn't see these circumstances. I got lucky and the pilot never wrote his version of events (this is the equivalent of the cop not showing up to court). I won.

    In a written declaration, both sides have to write their story and mail it in by a certain date. It's basically a free shot at getting off. Just like some people will go to court and hope the cop doesn't show up.

  38. #38
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    The advantage of Trial by Written Declaration is the LEO doesn't receive special pay for showing up to court; they have to write their response on their own time (on shift).

  39. #39
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    A declaration must be signed under penalty of perjury. Beware ďadviceĒ from the internet that you try to weasel out of a traffic infraction by committing a felony.


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  40. #40
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    Bike traffic ticket - contest?

    Quote Originally Posted by coldawg View Post
    What would one write in her written declaration so as to make it most effective?
    Sometimes it just going to a judge and them seeing itís a bike violation is enough for them to reduce the fine. Itís worth it to try, does not take much time, worst that can happen is they end up paying the full amount, which you have to when you submit the declaration anyway, if you get a favorable ruling part or all of it will be sent back as a check, but like stated it could take months before you find out.

    Possibly something to the effect that I rolled up to the stop sign and temporarily trackstanded, saw no other cars were in the intersection and proceeded though. Iíve learned this in unacceptable and will always come to a full stop in the future, putting a foot down. Maybe mention that in some states this is legal.

    Basically pleading guilty with an explanation

    Iíve had two red light violations. One was in Sausalito, we rolled up to a red light and trackstanded then proceeded when green, I was dumbfounded when we got pulled over apparently we had gone over the limit line, dick move by the cop in my opinion. Anyway explained the situation in my declaration, got our money back but we had to go to a bike safety class first, basically traffic school for bikes (Marin may be the only county that does this), think we had to pay $50 the class, but better than the $300+ fine at the time. Swore Iíd never spend another dime in Marin county nor ride there again and I havenít, I will pull over to take a crap while passing though though.

    Another time I was waiting at a light for a left hand signal, it was early in the morning, very little traffic. Light had not detected me so after another iteration when a car came in the opposite direction and got the turn signal I took advantage and took my left at the safe time. When I asked the cop what I should have done he told me I should have waited until a car came behind me and triggered it, I could hardly believe he even said that, what an ass. Got the ticket reduced to $10 bucks, should have gotten off completely but felt it was not worth my time to fight it any further.

  41. #41
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    Quote Originally Posted by coldawg View Post
    What would one write in her written declaration so as to make it most effective?
    You do not need to say anything under "STATEMENT OF FACTS" other than, "I stand by my plea of not guilty." This is not being dishonest; you are innocent until you are proven guilty beyond a reasonable doubt. If the officer fails to submit his/her paperwork, the judge will have to dismiss your case and refund your bail.

  42. #42
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    Moving violations are easy to fix. Just tell the DJ to fix it in the mix.Name:  noparking.jpg
Views: 137
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  43. #43
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    When I was a kid I got a ticket for rolling a stop sign. Nevermind that I was 12 and making a right turn on the sidewalk.
    I called the court clerk to ask about my court appearance date. When she realized it had happened on my bike she told me ďOh, donít worry about this, Iíll make it go away.Ē
    Of course this was 30 years ago. I doubt a court clerk would still do this.
    Its all Shits and Giggles until somebody Giggles and Shits

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