Mountain Bike Reviews Forum banner
1 - 15 of 15 Posts

·
Registered
Joined
·
270 Posts
Discussion Starter · #1 ·
I posted a question about a month ago regarding being ticked by an officer for riding my bike on the sidewalk, asking for advice on how to fight this injustice. Several of you had comments, all of which were supportive, and many of which contained helpful ideas for making a legal stand.

I filed for a trial by declaration to fight this ticket. A trial by declaration simply required that I provide a written statement with my defensive position. The court would then make their decision based on my statement (probably asking for the ticketing officer to make a written statement as well). No need to show up in person. Just pay the ticket bail amount and submit my statement. If I lost, I would still have the option of making an appeal in person. I do not know anybody who has gone through this process, so I was a bit nervous. However, I figured that it seemed like a good risk to take, so I went for it.

Well, I won and saved myself a bunch of money. The bail was $142 bucks and I get that back. Even better - I dodged being hit for over $1,000 in increased car insurance over the next few years. Since I was charged with a Vehicle Code violation, this would have gone on my record as a point or two. I know it sounds silly, but it is true.

I have attached my written defense for those who have the interest in reading it, to encourage people to underastand the law and realize that the cops do not always know what they are doing, and for those who may need to use it as a foundation for their own personal fight against similar tickets. I tried to remove any information that was not necessary (like the officer's name). The judge did not say which of my points was the one that won it for me, just that I was not guilty.

WARNING - I have no official legal background and this does not constitute real legal advice. This product will not protect you in all cases. These claims have not been evaluated by the FDA. You may not drop 30 lbs in 30 days. You may not experience hair growth. It will not remove wrinkles. There are no refunds. Yes, we are psychic, but we are not your friends.
 

Attachments

·
Registered
Joined
·
270 Posts
Discussion Starter · #3 ·
it took a few hours of research

it took me a few hours to look it all up over the period of a few days. then it took some time to write it to sound defensive but not stupid and angry. the web was a big help. the code is all on-line. it just took some time to dig through it all and search the right terms. not fun at all.
 

·
(enter witty phrase here)
Joined
·
2,250 Posts
mandown said:
it took me a few hours to look it all up over the period of a few days. then it took some time to write it to sound defensive but not stupid and angry. the web was a big help. the code is all on-line. it just took some time to dig through it all and search the right terms. not fun at all.
lol You probably spent more money (value of your time) for all that research, than the actual fine would have cost. But hey I would have done the same thing. And it's not time wasted, because now you're a more educated man. Way to go.
 

·
Tracking up the place
Joined
·
628 Posts
Good job

I'm a cop in another state. :) ..Good job..that other cop is a MORON. :rolleyes: ..1)Your case was simply one one fact (motor vehicle vs Bike) HE wrote the wrong cite...Immedaitely dismissed. 2) If he was in the area and simply saw your actions he should of used good judgement.

Again Good job..See the system will work.

Any cop worth his salt will 1-use common sense 2- always be certain of infraction and if in doubt double check 3- get all the facts straight. and finally treat others as they would like to be treated... (bet if you watched him real close he would probaly ride down the sidewalk in his own neighborhood.) :eek:
 

·
Registered
Joined
·
270 Posts
Discussion Starter · #7 ·
Money

tlg said:
lol You probably spent more money (value of your time) for all that research, than the actual fine would have cost. But hey I would have done the same thing. And it's not time wasted, because now you're a more educated man. Way to go.
screw the ticket cost - $142 is a good chunk of change, but not horrible. however, the problem would be that it would cost me that, plus the cost of traffic school (not to mention the 8 hours of time that takes) to keep it off my driving record. if i did not do traffic school, my car insurance rate would have increased by approx. $1,000 over the next few years compared to what I pay now.

Believe me, I am a lazy man and I considered the time vs. $$$ issue. If it was not worth the effort, I would not have done it.
 

·
surf-ride-repeat
Joined
·
2,491 Posts
Absolutely brilliant! Way to fight the man!

I read your PDF, it is quite good. More of us should take it on ourselves to empower ourselves in these situations and not cave in to to the "man"... cuz they ARE, in fact WRONG a lot of the time, and you could have innocently been out a lot of dough.

Good on ya!
 

·
Registered
Joined
·
270 Posts
Discussion Starter · #9 ·
irony

Haroow said:
I'm a cop in another state. :) ..Good job..that other cop is a MORON. :rolleyes: ..1)Your case was simply one one fact (motor vehicle vs Bike) HE wrote the wrong cite...Immedaitely dismissed. 2) If he was in the area and simply saw your actions he should of used good judgement.

Again Good job..See the system will work.

Any cop worth his salt will 1-use common sense 2- always be certain of infraction and if in doubt double check 3- get all the facts straight. and finally treat others as they would like to be treated... (bet if you watched him real close he would probaly ride down the sidewalk in his own neighborhood.) :eek:
the cop that gave me the ticket was A BIKE COP. he was on his bike on duty. WTF?! there is a code section that i found that said he, as a cop, cannot ride his bike on the sidewalk unless he is in persuit. he was riding his bike on the sidewalk when he was not in pursuit. hahaha. he was not the sharpest tool in the shed.

I would like to say that I do like cops. My buddies are in law enforcement at various levels (rangers, troopers, military, wardens). I have no beef with cops, only with stupid people. As my bumper sticker says "Stupidity should be painful."
 

·
Team
Joined
·
1,199 Posts
mandown said:
it took me a few hours to look it all up over the period of a few days. then it took some time to write it to sound defensive but not stupid and angry. the web was a big help. the code is all on-line. it just took some time to dig through it all and search the right terms. not fun at all.
That's pretty cool. Good thing that you won the case.
 

·
Banned
Joined
·
1,608 Posts
Well done senior...
 

·
Perpetrator of Lawsuits
Joined
·
393 Posts
mandown said:
WARNING - I have no official legal background and this does not constitute real legal advice.
Well, for a guy with no legal background, you drafted a pretty solid pleading.

As to what you won on, it was the fact that the cop charged you with an infraction that specifically included in its language that the prohibited conduct occur in a motor vehicle. As you correctly identified, the vehicle code makes a clear distinction between a bicycle and a motor vehicle. Thus, because the cops must prove ALL of the elements to convict you, this ticket was stillborn from the word go.

As an aside, what an a$$hole cop. Were you on the Balfa? Perhaps it was a fit of jealousy :p .
 
1 - 15 of 15 Posts
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top