Kissena Forum Archive

Close Encounters of the #%&*@! Kind (Legal too)

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Myles said:
there was actually an article in the newspaper about this, the one that got taken out by a monofilament line at neck height. very un cool
I had this happen to me once, but it was guys fishing on the Harlem River.  They had put their rods about six feet away from the sea fence, which meant I rode through their lines on the bike path.  The lines burned some holes into my fingers.  And I got to keep my bike.
Cutting up by safety city at 158 is pretty sweet.
as i was riding back today, i realized how perfect it is the exit labeled "safety city" is the route around the dangerous, lonely forest
Huh. It's below 158 and all the attacks. It's jut littered with garbage after the detour in the summer. Seriously, what do people do in that park on the weekends? It's a giant cookout trash fest.
So...on Saturday's ride, a Piermont cop pulled me (and Aly) over for running the red at the bridge just before town.  It was (IMO) a yellow or very close to a yellow that we crossed on a clear road with no bike or vehicular traffic of course, but I guess enough for him to pull us over.  I lightly tried to argue our case, but either way the guy was obviously set on handing us summonses.  C'est la vie.

1. Anyone know what the fine is?
2. Worth trying to fight by pleading not guilty and showing up to court?
3. Points on drivers license?
^ riding track instead is looking more and more like the only way to ride in NY.
@Yang - I got a ticket a few blocks away for riding two abreast with Jules, after an unmarked cop car tailgated me (as I rode single file) so close that I became alarmed and rode up to Jules to tell him the car behind us was being really weird and we should let it by. As soon as I did so, the lights came on and the seething freakshow came charging out of his car with a hard on for justice.

As soon as the extremely vaguely worded letter came in the mail, I mailed a response back asking for clarification on a number of points and informing the sender that I was unavailable on the suggested meeting date with the prosecutor. I never received an official summons and didn't have to pay a cent.

So yeah, it pays to run all the interference you can. Piermont doesn't really have the resources to cover all its bases.
2. Others have more experience here than I do.  I think I got a ticket from the NYC Park Service, not a summons from a police department.  But it can't hurt to show up and say the light was yellow, if that's what it was.  I don't think (but don't know, sorry) you get charged more for not admitting liability.  You may have to show up in a faraway courthouse if you contest it.  On a weekday.  In the morning.  

I unsuccessfully contested my red light ticket with an administrative law judge conveniently located near me.  When I said "the officer could not know with certainty that the light was red because she could not see the light to know that it was," (it was true, she was behind the light) the judge heard "I am bullshitting you to get out of this ticket."  Call me a cynic, but that's probably how it will always translate in the absence of any non-testimonial evidence to the contrary.  Now if you'd been wearing your GoPro, on the other hand...
i was riding to central park today in the bicycle lane.  a car passed me, braked, did not signal that he was turning right, then turned right and cut across the bike lane and in front of me in order to park along the sidewalk.  i had to go around him on the left, which would have been dangerous if there was traffic or i was going fast.  there wasn't, and i wasn't.  i saw his brake lights and had ample time to slow down.  there was no real danger.

it still aggravated me.  i'm not always going slow when this kind of thing happens.  it's a great way to get run over when you go into traffic to get around the offending driver.  drivers need to be aware that other road users rely on them to signal.  so i did what i usually do; i pulled up next to the car and said something along the lines of: please use your blinker next time, i was forced into an unsafe situation when you didn't, i was vulnerable and scared and you are an almighty vehicle peace be upon you.

after i got past "please use . . ." i realized i was telling a cop in a marked patrol car to use his blinker. not only was i educating this officer about traffic laws, but also his partner in the passenger seat.  and the two arrestees in the back seat.  the folks in the back, who probably weren't too fond of the men in the front seat who'd arrested them, burst out laughing that a cyclist was lecturing a cop about how to drive.  the cop mumbled "yep, yep, sorry.  will do."  he was not abrasive and did seem a bit ashamed of himself.  or maybe he was just embarrassed?

it was not until i was pedaling away and the frustration faded that i realized i had done something truly awkward.  for the first time, i came to a complete stop and unclipped at every single red light on the way to central park.

http://youtu.be/KofrBC8ZNTo (of course i got it on gopro. cmon.  no audio though, was using the waterproof case.  wish i'd worn the helmet cam.)
Ill do voice overs
On Sep 22, 2013 9:09 PM, "Brendan Rigby" <
@ Brendan.  Wow.

Riding with Lisa & the bike trailer today with both kids in it, we came to a tight spot at a red light (that trailer is wide) and a cop actually nudged into oncoming traffic to make room for us to skootch (sp?) by...

Sort of felt I was in opposite-land; glad to hear I wasn't the only one.
I do not think there is a t in skooch. Even in Canada
On Sep 22, 2013 9:18 PM, "Jules" <
ooooooo another badge. its just like the boy scouts without those awkward moments in tents with grown men
Gazooks !!!! a moving violation...on my bicycle?  That officer is a cad !  I demand satisfaction....  I'm told by a fireman friend that when there is a power line down (which is conveniently stated in the ticket)  the police are responsible for putting up warning "tape".  Had there been tape, I would not have been able to pass through the "blocked" road.  Either way, I'm bringing Long Island's  version of Saul Goodman with me to court....better call Saul !

Yacks
http://www.youtube.com/watch?v=QgYblVYEldY&amp;t=0m20s
We can always try to re animate Johnnie Cochrane
I rode past this melee this morning, which interfered with the start of my 10x20 intervals. First time I can remember seeing cops actually running - well, sort of jogging - toward the scene.

http://www.nydailynews.com/new-york/wounded-stabbing-riverside-park-article-1.1472476

Damn, that's pretty scary.  Especially considering the last time an emotionally disturbed guy was going a little berserk, the police pulled out their guns and started shooting.  Actual scissors would have probably prompted such a response.

dstokes said:
I rode past this melee this morning, which interfered with the start of my 10x20 intervals. First time I can remember seeing cops actually running - well, sort of jogging - toward the scene.

http://www.nydailynews.com/new-york/wounded-stabbing-riverside-park-article-1.1472476

I hope you told them to move it or lose it b/c it was interval day and racing season is just 6 months away.
Hey. I'm racing 'cross and I've told you a hundred times that 10x20's are the ticket to success!
I do 30x20's.
So...on Saturday's ride, a Piermont cop pulled me (and Aly) over for running the red at the bridge just before town.  It was (IMO) a yellow or very close to a yellow that we crossed on a clear road with no bike or vehicular traffic of course, but I guess enough for him to pull us over.  I lightly tried to argue our case, but either way the guy was obviously set on handing us summonses.  C'est la vie.

1. Anyone know what the fine is?
2. Worth trying to fight by pleading not guilty and showing up to court?
3. Points on drivers license?
Update on my ticket...

I mailed in my "not-guilty" plea and Piermont gave me an "arbitration" date which is NOT a trial date - which will be set if a settlement is not reached at the arbitration next week 10/16. 

@Whitey - any chance you still have the letter you responded with in your files or remember what you questioned them about?

Aside from running interference, I suppose the (losing) option is, as Brendan did, say that the officer was mistaken and perhaps too aggressive and argue that the light was yellow when I crossed.
How much was the ticket @yang?
@Phillip - I don't think they say until you plead guilty or found guilty after the court date.  I'm more concerned about points since that would raise auto insurance rates.
continue to assert that the light was not red, and consider offering to accept a fine that doesn't result in points, if that's your primary concern.  it's not unheard of.  i got a speeding ticket in a car once and the lovely officer recorded it as some sort of "equipment violation," without any request from me, in order to keep it from affecting my points.  nice guy.
just go in and prepare to make a deal. figure out whats what, fuc# the ticket. tell him you are happy to plead out to avnot moving violation (read parking ticket) pay your fine and leave. did you request supporting depositions?
Thanks dudes.

@Myles, Piermont sent me two separate letters, one is the arbitration date the other the deposition which is just a simple version of the summons itself.
No. The supporting deposition should effectively be a quote and or information from the police officer who charge you as well as a description of the charge fine amount etcetera etcetera. Pick that over somewhat carefully it is supposed to be the policeman account of what transpired and their evidence showing you committed a crime. If information is bad or missing or wrong bring that up to the district attorney
Myles said:
No. The supporting deposition should effectively be a quote and or information from the police officer who charge you as well as a description of the charge fine amount etcetera etcetera. Pick that over somewhat carefully it is supposed to be the policeman account of what transpired and their evidence showing you committed a crime. If information is bad or missing or wrong bring that up to the district attorney
The form's title is:

Piermont Police Department
Supporting Deposition/CPL710.30 Notice
To support simplified traffice information
Local Criminal Court
County of Rockland
Village of Piermont
State of New York
The people of the state of NY
-vs-
Yang

The rest of it is basically a Mad-Libs where the PO filled out his name, the offense, and checked off a couple of boxes.  The only real detail is the "VTL Section" (1110a) and "Offense" (Disobey TCD).
First let me be perfectly clear in saying that my legal expertise
traditionally consists of yelling "toddddd!" as loudly as I can

So the form tells you who charge you and with what. A simple Google search
will probably come up with sentencing guidelines for this heinous crime
against humanity.
Sometimes if a supporting deposition is sad missing or incomplete the
entire thing can get thrown out because the supporting deposition is
effectively evidence they have against you.

See if you can reverse engineer what evidence they have and offer opinions
to the contrary. I would hope neither you nor the form mention use of an
mp3 player. Figure out a contrary view of what happened. Read "how the
nice and polite officer was mistaken sir." and then watch some YouTube
video of let's make a deal.

You will likely have a conference with an assistant district attorney who
will review the crime against you confirm that it was a bicycle and not a
automobile involved, and then likely offer you some bullshit deal which
will result in you paying them a sum of money, the district attorney
getting a W on her cases won list, and the whole thing will go away. Try to
determine if you will have to reappear in front of a judge or its all
getting taken care of that day and away you go.

There is always a chance that they are trying to prove something against
cyclists in town and me try to throw the book at you. However I find that
somewhat unlikely, the brouhaha over the rocket ride ruining that town
seems to have subsided.

Likewise there is also a chance you will scream loudly " fu#k da police!
You pigs will never get me alive" and the entire thing could descend into a
gerraldo Rivera esque scene.
On Oct 8, 2013 10:58 AM, "David Yang" <

Myles said:
Likewise there is also a chance you will scream loudly " fu#k da police! You pigs will never get me alive" and the entire thing could descend into a gerraldo Rivera esque scene. On Oct 8, 2013 10:58 AM, "David Yang" <
"...they found nothing in Al Capone's vault...but it wasn't Geraldo's fault!..."

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