canklecat

Be sure to document that with photos. Sounds like a typical street fair flustercluck, where even the cops are struggling to figure out how to manage pedestrian crowds and traffic safely. Combined with the noise and other distractions, it sounds like an understandably confusing situation for you and the cop.

Between voter ID and other stuff going on in Texas, again, it's confusing for cops to know what they can legally demand. As of last year, in reference to an Austin jogger who was arrested for not carrying ID, you're not required to carry or produce a drivers license if you're not driving. However Texas cops may require that you identify yourself orally. That may be satisfied by providing a name, address and other info they can use to run a check.

And if I'm reading your first post correctly, you just moved to Texas and didn't have a Texas drivers license or state ID. The cops should be flexible enough to accept other forms of ID, or enough orally provided info to satisfy their requirements.

We get the same confusion over the proof of financial responsibility law for drivers. Technically you're not required to have liability insurance. You may put up a bond that meets the minimum state requirements for financial responsibility. But drivers who opt for that method do need some evidence of that bond, cash reserve, etc. And some cops won't understand the distinction and may cite you anyway, so you'll still need to go to court to straighten out the mess.

I was once stopped in New Mexico by a young state highway patrolman who didn't know what dealer tags were. I was delivering a car to a dealership by driving it directly - my company didn't have enough cars on the particular sale to make it worthwhile to use a vehicle hauling truck. But after the cop called his station they explained it and he let me go. He was cool about it, just baffled by the dealer tag thing.

spectastic

a jogger arrested for not carrying id?? there's something wrong with this justice system

kickstart

I'm seeing a continuity issue here.

jyl

If you didn't show a driver's license, what identification did you show?. How did the police officer know your name, address, etc?. I'm confused.

spectastic

he was on the radio and I provided my information. they matched me up with my license that way.

canklecat

That should be all you need in Texas as a cyclist or pedestrian.

Generally speaking you'd need your drivers license or state ID only for certain situations: banking; buying a box of Sudafed if you have a cold or allergies; alcohol (if they ask - at my age nobody asks anymore); applying for a job, some medical situations, etc.

But keep in mind Texas is in a state of paranoid flux over the scary illegal aliens. They're wrasslin' over voter ID and other stuff. Some of my Hispanic relatives have been hassled near border towns. But the farther north you get in Texas the less anxiety I see over the silly mess.

indyfabz

+1. Our justice system is set up in a way that the burden is on the "government" to prove its case. The accused has every right to expect that and may even sit silent without putting on a defense. Totally different issue from violating the law in the first place.

I-Like-To-Bike

Let me guess: When asked if you had a driver's license, you "fibbed" and told the LEO that you did not?

jyl

But you were on a bicycle, so no requirement to even be licensed to drive, much less have a driver's license in your possession. This charge sounds bogus too.

I-Like-To-Bike

True, no license is required when on a bicycle, but a bicycle is not a license to "fib" if asked a direct question "Do you have a driver's license?" or for Home address by an LEO asking for ID after a traffic stop. An honest answer could have been "Yes, but not on me". A fib would have been to answer "No." Or as suggested by another poster, to fib about being from out of state.

spectastic

the guy said I was on a "motorized vehicle" ... I mean I can understand where he's coming from, but c'mon...

JoeyBike

Take it from a guy who runs hundreds of stop signs an red lights every week on a bicycle. If you get caught doing something illegal........plead guilty, pay the money. WAAAAY cheaper than paying for an attorney to get you out of something that YOU DID.

Or...

Don't hire an attorney. Plead "not guilty", then have a chat with the D.A. regarding the "running from the cops" charge but expect to pay the running a red light charge.

Or...

Stop breaking the law.

Running a stop sign because your head is up your bum and running a stop sign because you don't feel like stopping is the exact same thing in the end.

kingston 

I always get a chuckle from the law and order types on these threads. Like running a stop sign on a bike is some sort of threat to humanity.

Just go to court and plead not guilty. If you get fined, pay the fine and move on with your life. Just another tax as far as I'm concerned.

JoeyBike

Where I live the initial trip to court is just the arraignment. If you just cut bait here and plead guilty it will cost you the LEAST in time and $$ (if you are proven guilty i.e., the cop shows up for your court date to be set). If you plead not guilty at the arraignment and you show up to court for your actual hearing or trial, and the cop is there too, you have no leg to stand on. Cop's word against yours. You lose AND pay the fine AND the court fee AND if you were smart an Attorney's retainer fee.

Of course, if the cop is a no-show which is the case 99.99% of the time in New Orleans where i live, you walk.

I-Like-To-Bike

"The guy" said what to whom? You? Does that mean the LEO said that to you, and you didn't point out that there was no motor? Or he wrote that on the ticket and didn't specify a license plate on this "motorized vehicle", or wrote a ticker for not having a license plate on the alleged "motorized vehicle", or what? It becomes less clear with each of your posts what kind of ticket you received and for what infraction(s).

kickstart

Its not, but its an indication of character to whine about the consequences of ones free choice or carelessness.

Especially when its an indeterminate story thats constantly in flux.

jgadamski

Don't bother going to court. Cops are always right. You can have 300 witnesses saying you were in the right and one cop saying you were doing something illegal..the cop view will prevail. Especially on bike stuff. Pay the bail and note in the accompanying letter any arguments.. ie: I didn't hear the cop cause the brass band marching down the street drowned him out. and there was a fire truck parked in front of the stop sign. But Im sorry for breaking the law. Maybe.. maybe the judge will reduce the fine, but he won't find in your favor. Just work a few extra hours at work and should you ever see a cop face down after being run over... piss on em..keep riding.

FBinNY 

I don't know about courts out west, but here in the east, I have a 100% success rate pleading down traffic citations, plus many outright dismissals. Usually, this is done between myself and the cop and/or prosecutor in the courtroom hallway, but sometimes with the judge himself. Your erroneous assumption that the judges always side with the police is totally out of touch with reality. There's a degree of tension between the judges and prosecution, and many, if not most, are happy to find a basis to help a defendant.

Plus there's the excellent chance that the state will not be ready to prosecute (no-show cop, testimony not on point, or simply not worth the effort), and that can result in a dismissal.

As for your closing comments, I'm not a cop lover, and have no issue with the idea that there are lazy, ignorant cops out there. But when a cop gives you a citation, there is a reason, and it is the job they are paid for and directed to do. I see no justification for your closing invective.

Bines

Lethal injection.