Kissena Forum Archive

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

1250 comments · 12630 views
That noise you hear is jules updating the book of phrases
Myles said:
I will ask you to carefully note the absolute certainty in my voice right now. feeeeeeel the power of my voice
Sorry, can only smell the vapours... what is that, Bordeaux?
Myles said:
That noise you hear is jules updating the book of phrases
I can't type that fast.  I just have a filter that puts all of @Myles' posts into the book.  I open it at random pages and start reading aloud when I want more room on the subway.
I said power. think raspy coked out jewish lead singer van halen, not uptight scottish post preppie talking heads.

way more nebbiolo
Oh is that what the book is for! Try this :

With your cell phone in hand say in your best Isaiah did what voice

" hey man, tell your sister thanks, she was right I got that shot at the doctor and that Rash totally went away just like she said"

Then just look around sheepishly as you put the cell phone in your pocket
All hail the forum for meeting me "insightful" as opposed to moraly disturbed
You mean "mentally"
im ok with that
I score you some seroquel from the hospital.
http://splicd.com/hu57oIv8SLM/39/43
This is interesting information for all you scoff-laws from the TA Q&A website:

Q: I received a ticket for running a red light (1st offense) on my bike. Am I required to pay the amount of $278 amount stated on the back of the ticket, or do I get to subtract the $88 surcharge? Will I receive 3 points on my license as well?

October 10 2013 by Jeff Legal Question

Hi Jeff, you are not required to pay the $88 surcharge. It doesn't apply to citations issued to bicyclists, so you can subtract it from the total ($278 in your case). To answer your second question, bike infractions will never lead to points against your driver's license.  

- See more at: http://bikenyc.org/questions?utm_source=streetbeat-Oct312013&utm_medium=email&utm_content=version7&utm_campaign=2013ADVO Bike#sthash.BK6AYmlV.dpuf
Q: I received a ticket for running a red light (1st offense) on my bike. Am I required to pay the amount of $278 amount stated on the back of the ticket, or do I get to subtract the $88 surcharge? Will I receive 3 points on my license as well?


Hi Jeff, you are not required to pay the $88 surcharge. It doesn't apply to citations issued to bicyclists, so you can subtract it from the total ($278 in your case). To answer your second question, bike infractions will never lead to points against your driver's license. 

Q: I received a ticket for running a red light (1st offense) on my bike. Am I required to pay the amount of $278 amount stated on the back of the ticket, or do I get to subtract the $88 surcharge? Will I receive 3 points on my license as well?

October 10 2013 by Jeff Legal Question

Hi Jeff, you are not required to pay the $88 surcharge. It doesn't apply to citations issued to bicyclists, so you can subtract it from the total ($278 in your case). To answer your second question, bike infractions will never lead to points against your driver's license.  

- See more at: http://bikenyc.org/questions?utm_source=streetbeat-Oct312013&utm_medium=email&utm_content=version7&utm_campaign=2013ADVO Bike#sthash.BK6AYmlV.dpuf

Q: I received a ticket for running a red light (1st offense) on my bike. Am I required to pay the amount of $278 amount stated on the back of the ticket, or do I get to subtract the $88 surcharge? Will I receive 3 points on my license as well?

October 10 2013 by Jeff Legal Question

Hi Jeff, you are not required to pay the $88 surcharge. It doesn't apply to citations issued to bicyclists, so you can subtract it from the total ($278 in your case). To answer your second question, bike infractions will never lead to points against your driver's license.  

- See more at: http://bikenyc.org/questions?utm_source=streetbeat-Oct312013&utm_medium=email&utm_content=version7&utm_campaign=2013ADVO Bike#sthash.BK6AYmlV.dpuf

Q: I received a ticket for running a red light (1st offense) on my bike. Am I required to pay the amount of $278 amount stated on the back of the ticket, or do I get to subtract the $88 surcharge? Will I receive 3 points on my license as well?

October 10 2013 by Jeff Legal Question

Hi Jeff, you are not required to pay the $88 surcharge. It doesn't apply to citations issued to bicyclists, so you can subtract it from the total ($278 in your case). To answer your second question, bike infractions will never lead to points against your driver's license.  

- See more at: http://bikenyc.org/questions?utm_source=streetbeat-Oct312013&utm_medium=email&utm_content=version7&utm_campaign=2013ADVO Bike#sthash.BK6AYmlV.dpuf
Wow. This is a shitty week for news.

http://foundationcyclingnewyork.org/new-york-city-cycling-community-comes-together-to-help-beloved-cyclist-recover-from-tragic-crash/
Oh crap.  I've ridden with that guy a few times, but never got his name.  Super nice.  Awful.
Very moving plea.

http://www.nydailynews.com/safer-streets-article-1.1510220
posted on another thread - thought this NYTimes article on similar subject fit the cliché nicely
Jeff OwensCyclistReiners retweeted this earlier and I thought it had good parts:
http://blogs.bicycling.com/blogs/roadrights/2013/10/29/theres-another-way/

http://www.nytimes.com/2013/11/10/opinion/sunday/is-it-ok-to-kill-cyclists.html?pagewanted=all&src=ISMR_AP_LO_MST_FB

Got spit on today..and I don't think it was accidental either.

I rode long today, combining bits of two routes I know with a ~17 mile connector aka virgin territory. And I bonked early unfortunately, bad enough that I almost turned and went home, so my perception may have been off, who knows.

Around 65 miles in, I am cruising along a backroad in Greenwich looking for my last turn in the "virgin territory" part of the middle of my ride. Talking to myself, doing 18mph or so (so not super slow but not blazing fast) and another cyclist flies past me , looks at me funny, and keeps going (maybe cause I talk to myself ?) . Something felt weird about it but I couldn't put my finger on what. I caught the dude at a light 2 or 3 min later, and then followed him (not too closely I think) to the next light about 1/2 mile away. 

At the next light, dude unclips, turns his body to the left, looks RIGHT AT ME, and spits on me. Granted I think I snotted or spit on myself a couple times already in this ride, and was covered in winter gear so not the end of the world, but WTF dude! Not cool.

Not wanting to know if this was accident or a headcase, I just made my turn and kept on riding. Even yelled out "have a good day!" . 

Rest of my ride was fabulous but I wonder about some people.
That's pretty random Josh.  Sorry to read this.  You don't have a better description of the guy, the bike, etc?
Warning No formatter is installed for the format not-found
^ http://bit.ly/bNFthE ^
I would go with Gwynna's farmer blow to face hypothesis. 

If you didn't crop dust him, then you jumped the shark on that one — anyone who looks you in the eye and gobs on you for no reason must play rugby league, which means you're lucky you have both ears intact.
Wow.  You dealt with the situation in the best way.  Major self-restraint points.  If someone is willing to spit on you in public, you should really just ride away as fast as you can.  He was probably rabid.
Roll up and whiz on him as you pass
On Dec 3, 2013 11:23 AM, "Brendan Rigby" <
This is a pseudo cross post from Prospect Park.

Tickets: if you get ticketed by the police and you don't have ID you are going to get cuffed and taken to the precinct.  The rationale is that if they can't check to see if there are any outstanding warrants, they won't let you go.

Is this legal, or legal but a sign that we are living in a police state?

Rant on...

Unfortunately, it is legal.  Warrantless arrests for misdemeanor charges are kosher in this country, unless something has changed since I took Crim Pro in Spring 2012.  The "outstanding warrant" justification that you were provided is not necessary so long as the person is committing some sort of misdemeanor or violation.  It's horrible law enforcement technique, but they can do it if they want to.

The leading case that I'm aware of is Atwater v. City of Lago Vista, 532 U.S. 318 (2001).  Officer pulls over Mom, Atwater, who is driving her pickup with 3-year-old and 5-year-old kids in back.  No one is wearing a seatbelt, for which the officer had previously warned Atwater.  Not wearing a seatbelt is a misdemeanor.  Officer handcuffs Atwater, takes her to police station (friend takes the kids).  Jails her for an hour, takes mugshot, searches her possessions.  She appears before a magistrate after about an hour and is released on bond.  She pleads no contest to the misdemeanor seatbelt offense and paid a $50 fine.  

The Supreme Court rejected her § 1983 claim that the officer violated her 4th amendment rights for reasons that I won't try to explain because they don't make any sense.  Basically, they were concerned about developing a standard that police could reliably administer in the field.  Broad deference to officers in the field is a hallmark of Supreme Court jurisprudence in the field of criminal law.  Most people would be amazed to read the opinions.

Officers can arrest you even if the law that defines a certain offense tells them to issue a summons rather than arrest you.  Virginia v. Moore, 553 U.S. 164 (2008).

edit: ask me again in 2 months!
Failure to produce id is a crime
On Jan 23, 2014 10:40 AM, "Brendan Rigby" <
Big picture answer-http://en.wikipedia.org/wiki/Stop_and_identify_statutes

New York State Answer--
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$CPL140.50$$@TXCPL0140.50+&LIST=LAW+&TARGET=VIEW

I was detained once for not having ID, and my ticket had to be paid before leaving the station.
This is the least of our problems. Go read about cell phone sniffers and facial recognition technology. The days of walking down the street anonymously are over in this messed up paranoid country. 

(That said, I actually always ride with my whole wallet. That seems to impress the boys in blue when they stop me, for some reason.)
Shoe bomb!
On Jan 23, 2014 11:40 AM, "Ryan J" <
My answer assumed that there's a NY statute making it unlawful to refuse to identify yourself to a police officer.  A quick search tells me that's not the case.  Also the cases I was providing before are federal, and New York offers some enhanced protections under its own law.  So I'm not sure how I come out on this one.  Ask me in 2 months after I get my Westlaw account.  

The link to stop and identify statutes don't really answer the question I was trying to answer.  I was trying to answer "when you are stopped for a traffic offense, can you be arrested if you don't have ID?"  A key difference between this and a stop-and-frisk is that in the traffic offense scenario, you are being cited for a past offense that the officer likely witnessed rather than investigated upon mere suspicion of a future offense.
I always carry my whole wallet also. Even in races  (though this has become a bit of a superstition). Why would you NOT want to carry ID, medical insurance card and cash? The only reason I can think of is to avoid a ticket and I don't think there is an ethical leg to stand on here. If you want to complain about police enforcement and ticketing, that is one thing. If you want to talk about your constitutional right to avoid arrest, that is something else.

Mind you, I went to jail once (a long time ago) for trying to escape a police office on my bike. I didn't get very far and I don't recommend it.