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

Oct 08, 2013 at 08:59 PM

FWIW - I know it's probably easier just to plead guilty, pay the fine, and go on with my life, but...

1. I crossed on a yellow and don't deserve a ticket
2. I've got a lot of vacation days that don't roll over into 2014 that need to be used up
3. Its the principle damn it.
4. Its all a ruse to get Myles to write up his trademark diatribe against THE MAN.

Mission: Accomplished

Myles

Oct 08, 2013 at 09:23 PM

traffic cam? if you really want to go bslls to the wall get the camera footage

Brendan Rigby

Oct 16, 2013 at 03:39 PM

a car failed to stop at a stop sign, resulting in a new aero top tube for my CAAD8. i also received an upgrade to vertical compliance, as the downtube is now separated from the head tube. unfortunately this comes at the cost of stiffness, which suffers when the tubes of a frame are disconnected.

the real crime here is that deep within my panniers, my favorite plastic tupperware broke! strangely, the glass jar full of coffee did not.

property damage aside, i seem physically okay. will be making a claim through the driver's insurance. he declined my instruction to stop and exchange information after causing a traffic accident, preferring instead to drive slowly away in a straight line while i wrote down his license plate number.

good thing i decided to try my new helmet mount for the gopro today! helmet mount is crucial: it records where you're looking rather than where your handlebars are pointed.

2013-10-16 08.26.54.jpg

2013-10-16 11.20.07.jpg

Jules

Oct 16, 2013 at 03:42 PM

Damn @Brendan, good to hear you somehow made it out unscathed. Did you really get video of it?

Ros Knopov

Oct 16, 2013 at 03:53 PM

@Brendan, glad you're Ok! Damn dude.

Thierry Bonnaire

Oct 16, 2013 at 03:55 PM

@brendan it's a miracle that you are OK. I certainly hope that they'll nail that driver.

Rick Perner

Oct 16, 2013 at 03:59 PM

@Brendan

Are the cops saying the right things that lead you to believe that there will be a just outcome here?

Myles

Oct 16, 2013 at 04:12 PM

Wait so this was a hit and run?

Myles

Oct 16, 2013 at 04:12 PM

Call me privately

Bruce van-Schalkwyk

Oct 16, 2013 at 04:17 PM

Bad news. I'm glad you're ok, but that sucks about your ride, and your tupperware. And good for you for writing down the plate number. I don't think I even have a pen with me when I commute, and not sure I'd have time to type anything into my phone. I'm going to carry a pen now.

I'd like to hear updates about this, police reports, the process, etc, as this information will help any of us if and when we have to go through it, too. Bad way to start a day, and don't get down about it. You're ok, you can get a new bike, and it sounds like you're doing everything that can be done. This is the sucky part about riding on these streets.

Phil Maronilla

Oct 16, 2013 at 04:45 PM

I'm glad you're ok @Brendan..and your coffee.

David Yang

Oct 16, 2013 at 04:52 PM

Shit Brendan, balls about your bike, but super glad you're okay.

Hope you can get a good lawyer even though you're not injured and keep us updated.

mperlberg

Oct 16, 2013 at 04:53 PM

Glad you are OK.

I hope that mother fucker gets his license revoked.

You should probably go to the hospital to get checked out.

Brendan Rigby

Oct 16, 2013 at 05:38 PM

thanks for the kind words. i'll update you folks after the insurance stuff is settled; the lawyer inside me says not to comment on it or share things like the video. i think i may have caused more concern here than the facts warrant: the car did not hit me or my bike. that's why the driver thought he could just drive away.

he failed to realize that causing an accident doesn't require vehicular contact. a car going the wrong way on the highway causes an accident not only when it hits other cars, but also when other drivers swerve into ditches to avoid head-on collisions. my bicycle went straight into a tall, stone curb.

interesting that the frame failed before the carbon fork did. then again, maybe i just didn't look close enough.

mugwump

Oct 16, 2013 at 07:14 PM

Go Pro is the hero here.

neilx

Oct 16, 2013 at 10:40 PM

Brendan Rigby said:

interesting that the frame failed before the carbon fork did. then again, maybe i just didn't look close enough.

@Brendan-Don't get Yacks started.

P.S. Glad you're okay.

David Yang

Oct 17, 2013 at 03:52 PM

Update on my Piermont Traffic Court arbitration:

Showed up at 6pm to the courthouse as instructed and there was already a line of about 10 deep. A local admin or prosecutor sat at a cubicle separated by a wooden framed gateway and a half door to keep you away from getting to close. PO stood watch and handed documents back and forth and interjected once in a while.

Essentially they said they could *technically* give 2points for a red light infraction in addition to a fine ($100 in Piermont, $250 in neighboring towns?), but that there is a provision to treat cyclists differently (duh). She didn't clarify which penalty I would have faced by pleading guilty initially. I'm assuming they're not complete dicks and would have just hit me with the $100 fine, but they brought up the "technically 2 points" shit so take that FWIW.

I knew the $100 fine with no points was the only offer they were going to give but wanted to Air My Grievances About This Injustice and stated that I crossed on a yellow and not on a red, that I was not an idiot and would not have broken the law in front of a cop car, etc. She looked on with a vacant stare that only a bored admin working the night shift possesses and replied,"It's this or you can go to court and plead your case to the judge." She then reeled off the list of additional court fees and penalties if I lost - which in this case, without any video evidence and just my word against a PO's, I would have.

So yep, I plead guilty, took the $100 fine, and now have a mark on my Permanent Record.

Jules

Oct 17, 2013 at 04:04 PM

Crap. Now what am I going to do with all my "Vote Yang for President" t-shirts?

mugwump

Oct 17, 2013 at 04:11 PM

Jules said:

Crap. Now what am I going to do with all my "Vote Yang for President" t-shirts?

Good point. This is worse than drunk driving or skipping out on military service, and almost as bad as admitting you're an atheist.

David Yang

Oct 17, 2013 at 04:23 PM

Jules said:

Crap. Now what am I going to do with all my "Vote Yang for President" t-shirts?

kieranleahy

Oct 17, 2013 at 10:56 PM

Brendan Rigby said:

the real crime here is that deep within my panniers, my favorite plastic tupperware broke! strangely, the glass jar full of coffee did not.

property damage aside, i seem physically okay. will be making a claim through the driver's insurance. he declined my instruction to stop and exchange information after causing a traffic accident, preferring instead to drive slowly away in a straight line while i wrote down his license plate number.

Brendan, panniers on a Caad 8?! (Or even panniers at all?!) Surely that's the real crime here? ;-) But seriously, that's awful, glad you're ok, even if the bike isn't.

And Yang, good to hear you're causing trouble...

Brendan Rigby

Oct 18, 2013 at 12:22 AM

don't worry kieran, the panniers were filled with depleted uranium and i was doing sprint drills. the frame broke without hitting anything at all, i just accelerated too fast. i blamed a nearby car because the driver was a scot.

Myles

Oct 18, 2013 at 03:32 AM

ha. you said "dodge".

Brendan Rigby

Oct 18, 2013 at 11:08 AM

what a nice driver! glad you're okay.

Ryan J

Oct 18, 2013 at 01:18 PM

Man yesterday morning I was in the park and witnessed some of the most annoying displays of driver frustration and aggression I've ever seen there. There was a big truck crossing the road near the bathrooms - looked like it was taking supplies to the interior of the park. That caused a back up, of course, and on this lovely, quiet morning in the park you had the typical joggers, cyclists, kids, etc on the left side, and on the right people are just LAYING on their horns. I mean, dozens of cars all just holding down their horns for 10-15 second intervals. As if that was going to help anything. This lasted for a long time, I saw it twice so it was at least two laps. Then later, I saw two different drivers do absurdly aggressive and unnecessary things. One was at a girl on a bike who had moved over to the right shoulder as she prepared to exit and a guy in a minivan laid on his horn, sped by, and buzzed close to her. The other was similar with a cyclist who they felt was too close to the center line.

I just don't get it. I used to drive. I lived in LA for crying out loud. How can people get so pissed off about traffic? I mean, it can be frustrating, sure, but anyone with an ounce of humility sees that its a little silly to be pissed off about traffic while you are sitting alone in a car that you drive every day!

Ryan J

Oct 22, 2013 at 03:14 PM

eragot said:

@Ryan J
You'll have to appear for the ticket as it is an actual summons. You'll likely have to go to the Red Hook Community Justice Center. Dress appropriately (I would actually wear a suit) and when you get there, try to meet with the DA. Explain that you have no idea about the rules (as suggested by JP) and that with a clean record could the DA offer a dismissal.
The good thing is that this is a real court with a real DA, so you get to talk to and deal with the prosecutor (in my wrong way case, the DA asked for dismissal). The bad news is that you just can't send in a fine.

Well, my morning encounter with the justice system for "reckless operation of a bike in a park" (reckless operation being rolling through a red light at an empty intersection at 10mph) was actually a very reasonable experience.

Apparently Red Hook is a community court that sends people to mandatory rehab programs instead of prison.

They gave all of us minor infraction scofflaws a choice: (a) sit through "a 20-minute class on quality of life laws that will explain why minor offenses like loud music, open containers, and riding a bike like a maniac are bad for our community" - which is not an admission of guilt; or (b) plead not guilty and see the judge.

Of course I chose A. It was run by a young social worker who clearly understood how fucked up police can be. She stressed that the court is not the same as the police and that her priority was to protect everyone's rights. She asked each person what their infraction was and how was their interaction with the police officer. 90% of the room were open containers. It was pretty clear that in most cases these guys were drinking on their stoops, or even in their back yards, when cops called them out and ticketed them. Apparently that's the law. Of course they were all minorities. And of course, only 1 out of maybe 15 said that their interaction with the officer was anything but terrible.

I thought about asking how often that law is enforced in Brooklyn Heights or the UWS, but didn't.

Me and another skinny 40-something white guy in nice clothes were there for cycling infractions. The social worker said they get tons of infractions from Prospect Park. The other cyclist asked the social worker if she ever sees pedestrians in that class for jaywalking violations and such. She looked a bit confused and said no.

So, overall, round trip was less than 2 hours - I arrived 15 minutes early for my 9:30 summons and was home before 11:00 - and I pay nothing, and the class was really not annoying at all. Pretty much a best case scenario.

Brendan Rigby

Oct 22, 2013 at 04:00 PM

thanks for the report, Ryan. might I follow up with some curiosities?