Kissena Forum Archive

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

1250 comments · 12630 views
Got a Summons this morning in Prospect Park.

It is for 'Disobey Park Rules' Specifically this:

From: http://www.nycgovparks.org/rules/section-1-03

1-03 C2
C. Failure to Comply with Directions of Police Officers, Urban Park Rangers, Parks Enforcement Patrol Officers, or Other Department Employees, or Park Signs.
  1. ...
  2. No person shall fail to comply with or obey any instruction, direction, regulation, warning, or prohibition, written or printed, displayed or appearing on any park sign, except such sign may be disregarded upon order by a Police Officer or designated Department employee.


Simply, a police officer asked me stop or slow down from their car, in the context of a traffic light, but I did not hear it or realize it was happening, as at 20~24F degrees I was wearing ear warmers. Once I came around (or they chased me, don't know) they asked me to stop, which I of course heard and stopped. Officers gave me a summons.

Looks like I have a hearing in Red Hook on May 19 -- can this be dealt with earlier? any related advice is welcomed.
^balls
explain that you didn't disobey any order because you simply didn't hear it. once you became aware of their request, you complied.  apologize for the misunderstanding. explain, because they might not know if they are not cyclists, that the air moving by your ears at ~24mph (25 is the speed limit?) makes it hard to hear to begin with, and the ear warmers made it even harder. good luck. 

if they don't want to dismiss it outright try to bargain it down to something less expensive?
A few years ago I was pulled over in Prospect by cops. One on a mountain bike was talking to another in a car. It was evening, the park was nearly empty, and they said I was speeding. I asked what the speed limit was and they didn't know. So they gave me a ticket for 'recklessness'. I went to Red Hook. But beforehand I consulted with the folks at Transportation Alternatives, who suggested that in my case I go in front of the judge. When you arrive there you are given the choice of the judge or a short film and plea deal. The judge dismissed mine in under a minute. If you do go in front of the judge, bring photos of how you were dressed, and any other relevant info. You are given a court appointed lawyer that you speak to for maybe 30 seconds. Then the judge. It all goes very quickly at that point. Be prepared to talk, and not surprised if you get in more than 10 words. My case was dismissed after the judge asked me if I was pulled over 'by a cop on a mountain bike'.
Thanks, Brendan, and Nate. Appreciate it.

--- I remember your story, Nate.
Here's a story about the head injury assessment protocol the UHC pro team has developed

http://www.outsideonline.com/fitness/injury-prevention/UnitedHealthcare-Pro-Cycling-Brain-Injury-Testing.html

"How UnitedHealthcare's TBI Protocol Works

Before racing season begins: A team physician conducts this series of tests three times to establish a baseline.

Step 1: Balance

  • The athlete stands with both feet on the ground, with eyes closed, for 20 seconds. Each balance correction is noted.
  • The test is repeated on a single, dominant foot.
  • A final, one-legged test is run on a soft surface like grass, carpet, or a foam pad.

Step 2: Cognition

  • The physician tells the athlete a list of five words: banana, golf ball, pillow, coffee, feather. After the next two tests, the athlete attempts to recall the list. Accuracy is measured.
  • The athlete is given a series of five or six numbers. The physician then records how long it takes to repeat the series backward.
  • An iPad app like MindMetrics ($3) or BestTime! (free) is used to calculate reaction speed.

When an injury is suspected: The physician asks a series of orienting questions—name, birth date, home address. If the athlete doesn’t know the answers, or recalling them is difficult, the test is over; he or she has failed. Next, the doctor asks if the athlete feels tired, dizzy, agitated, or sensitive to bright light. Finally, the balance and cognition tests are run and the results compared with the baseline. A decrease in performance in one or more of the tests could indicate a brain injury, resulting in the athlete’s removal from the competition."

Ok, scary lesson courtesy of Carbonara, but before we being - watch out for these wheels (and don't be shy about reposting)

https://www.youtube.com/watch?v=hez0TqYNmXY&feature=youtu.be
Carbo's lesson:



Carbo got a spare wheel from neutral support and

1) he needed both front & back because he wasn't sure which one was wonky/melted

2) he went from his original 25mm to the spare 23mm rims that SRAM offered and when he went to apply the brakes... NADA.

Full speed descent into the woods. Needless to say he was insanely lucky.

The big lesson (other than avoiding cheap knockoffs) is to get your "new wheel" drill down cold:
  1. Pick up bike
  2. Spin Wheel
  3. Check wheel is properly seated in drops
  4. Apply brakes HARD
  5. Check wheel stops

Can someone point me to a website of the offending manufacturer?
The lesson is carbon clinchers bad
mugwump said:
Can someone point me to a website of the offending manufacturer?
http://www.carbonspeedcycle.com/
It's strange for a rider of his stature and expertise in carbon repairs to fall victim to this crap.

Served my summons at Red Hook Community Justice Center today.

Took 45 minutes for the judge to appear, but once he did, two or three cases got quickly dismissed, one got an acd -- basically, if you stay out of trouble for six months, the charge gets dismissed.

Once my name was called things went fast. The charge announced by one of the officers:

"Breaking the rules of the park."

I stood next to a public defendant, ahem, my public defendant, she says hello as a way to check if I understood english, we'll exchange no other words. The judge looked at the ticket, held silence for a long 5 seconds, and said:

-- "In Prospect Park you can only ride a bicycle in one direction..., do you know that now?"

-- "Yes, I do" I responded loudly

-- "Dismissed"

While it should feel like a tiny victory, or small vindication, it simply was terrifying, even in hindsight. The fact the judge asked a question that had absolutely nothing to do with what happened, is no more reassuring.

Of course, it is designed for that, it should be scary to break the rules, even if small. It seems, however, that maybe the punishment for most summons is simply having to show up.

Later, I rode two hours in the park, lucky for me, all the lights where green, and rode only in the allowed direction.

cheers.


eloy said:
Got a Summons this morning in Prospect Park.

It is for 'Disobey Park Rules' Specifically this:

From: http://www.nycgovparks.org/rules/section-1-03

1-03 C2
C. Failure to Comply with Directions of Police Officers, Urban Park Rangers, Parks Enforcement Patrol Officers, or Other Department Employees, or Park Signs.
  1. ...
  2. No person shall fail to comply with or obey any instruction, direction, regulation, warning, or prohibition, written or printed, displayed or appearing on any park sign, except such sign may be disregarded upon order by a Police Officer or designated Department employee.


Simply, a police officer asked me stop or slow down from their car, in the context of a traffic light, but I did not hear it or realize it was happening, as at 20~24F degrees I was wearing ear warmers. Once I came around (or they chased me, don't know) they asked me to stop, which I of course heard and stopped. Officers gave me a summons.

Looks like I have a hearing in Red Hook on May 19 -- can this be dealt with earlier? any related advice is welcomed.


Sounds terrifying, and random.
The system is broken at the most basic level. Glad your summons was dismissed, though. 
Respect Community Justice.
You stood next to a public defender, not a public defendant :)  In your case, you were the defendant!
Be prepared for a ticketing blitz this summer.

http://gothamist.com/2015/06/12/hit_run_cyclist_leaves_woman_severe.php

I guess that's all it takes. 

I wouldn't want carefully researched and analyzed statistics getting in the way of a good witch hunt.

http://www.citylab.com/commute/2014/10/the-rate-of-pedestrians-injured-by-bicyclists-is-going-down/381013/ 
damn......

http://gothamist.com/2015/07/13/barclays_cyclist_crash.php#photo-6

be careful out there people
Rode by this twice today. The damage to the car was so bad I thought it had to be vehicle only. 

Horrible.
That car went into a pole at a very high rate of speed. No way no how is
that much damage caused any other way. Disgusting
according to reports, it hit the cyclist, then another car, then the pole.  bike parts strewn over a couple of blocks.  absolute hell.
Yeah I read it. Messed up. Odd the bags didn't deploy
Heading north on 4th Ave this morning at Astor Place there is the usual group of pedestrians standing in the bike lane on the north side of 8th/St Marks waiting for the cars to clear so they can dash across against the light. I move out toward the car lane but there is a cab right next to me so I can only just kind of scoot the line between the car and bike lanes.

A woman, partially paying attention to her phone, and partially juggling a giant iced coffee from the Starbucks across the street, pays no attention and steps right out of the knot of pedestrians and right into me. Bam, I'm on the ground in a instant with (thankfully I think) no time to try and catch my fall. She is also on the ground. We both get up and some bystanders make sure we are both ok (we are for the most part).

After the initial shock is gone we are both standing there looking at each other and I calmly say "You really need to look before you walk out like that."
She screams, "I'm fine, thanks for asking!" and storms off.

I'm a bit bruised and have a tiny spot of road rash on my elbow but I'm fine. She also seemed for the most part unhurt. Thankfully this incident didn't result in any real damage. What really bothers me though is that its one more pedestrian that now has a poor opinion of cyclists. I'm sure she will tell the story about some crazy biker who came out of nowhere and ran her down. 

I recognize this as probably the most chaotic spot of my commute (though its better since they moved the buses to the other side of the triangle). I try to keep a manageable speed through there and ring my bell repeatedly but its hard to figure out how to manage the relationship to pedestrians who have limited ability to see a bicycle (even when I'm wearing my dorky reflective vest).
Attach a battering ram to the handlebars

Problem solved
I always assume no one sees me on the road. Jim, that whole area by east village is a nightmare in terms of pedestrians and cars and skateboarders, etc.
I always assume no one sees me on the road. Jim, that whole area by east village is a nightmare in terms of pedestrians and cars and skateboarders, etc.
Even if everyone rides with that assumption, I don't think we can avoid every idiot who steps out in front of us.  I bumped a woman who was crossing a street not in any crosswalk.  She stepped out from behind a truck and was looking at her phone.  

Sorry Jim.  it's annoying and frustrating and paranoia inducing and potentially dangerous.  I see this time in NYC as an in-between era after total car dominance (and ignorance of cyclists and cycling) to one where peds and cyclists have more equal footing.  Lots of people on foot mastered (or so they thought) dealing with drivers, and don't know how to deal with cyclists.  

I hope we survive it.
Glad you're ok Jim. New York pedestrians are a breed apart.

I reject the premise that public perception equates to safety. Yesterday somebody excoriated me (a commuter cyclist no less) about how "I'm the kind of person who gives cyclists a bad name, blah blah)

Good bad or ugly cyclists aren't getting killed because of public perception. At the risk of siding with Boardman on the helmet issue - YES it's foolish to generate needless bad PR and the same can be said of failing to wear a helmet - but neither are the man problem for cyclists OR pedestrians.
This sucks. Just take care of your small wounds. Everything will be ok.