Originally Posted by
genec
I have no idea of any other than the posted outcome. I tried to contact him but never got a response.
Yeah that "judgement issue" by both the cop and the judge show their strong anti-bike bias.
In general, if one was convicted of a minor offense paid the fine, and later won on appeal what is the recourse for getting the fine returned? I mean if one wins on appeal than shouldn't they get the fine returned to them?
Yep, both of them showed that they were not very supportive of bicycles and thought that even though the cyclist was traveling faster than traffic at that given time that he still had to "hug the right hand curb/edge" of the road. Ironically if I remember correctly in the case of Tortwood v. Selz that was basically the same thing. A cop playing father/mother knows best, and think that because the cyclist was doing something that the cop thought was unsafe that it was therefore illegal.
Even after she had had the law explained to her in court she still got it wrong saying that she would still cite a cyclist for engaging in "unsafe/illegal" behavior. Those cops need to be removed from the road and given a desk job. Particularly if they've been re-trained multiple times and are still getting it wrong.