Northeast - NYC Riders: got busted for riding on sidewalk.

Before anybody puts on the smugness mask, I almost never ride the sidewalk; I know the rules, and agree with them. Nobody should ride on sidewalks.....blah, blah.

That said, I got busted this morning. Riding into work on Myrtle Ave coming from Queens to Brooklyn. One intersection near Broadway often gets really backed up and clogged so I usually ride the sidewalk for that block. There are little to no pedestrians ever around, and I take it real slow.

Patrol car pulls me over on the next block. I get a citation. Not really a ticket. I have a court date in September. Anybody have an idea what this is? Or what will be the likely outcome?

Bring them pictures of the area showing heavy traffic, light pedestrian presence, and maybe a map
showing your ride to work. Explain that out of self preservation you felt the sidewalk riding was
necessary and due to your commuting route, you had to go through that area.

Of course I have no idea how they run the show at a citation hearing, but this just my guess at a good plan.

that you can beat.. just say that u jumped on the side walk to get a cup of coffee at the corner store..

AFAIK riding your bike on the sidewalk, unless you did it to avoid getting hit by a car, is in fact a violation. So I doubt you can beat it unless you lie to the judge. It sucks, but it is the law, and it does actually get enforced every once in awhile.

If that one block is too congested, I recommend you alter your route to avoid it.

They given out tickets there? The neighborhood must be getting better if cops are going there.

Here's a picture near where it happened. I'm not offering a justification or excuse. Just presenting the facts.
http://i157.photobucket.com/albums/t75/glf12/IMG_1722.jpg

Wow. I see delivery people ride on sidewalks and against the flow of traffic everyday. I wonder if they get citations also.

They given out tickets there? The neighborhood must be getting better if cops are going there.

They probably send more PD near that area.

Wow. I see delivery people ride on sidewalks and against the flow of traffic everyday. I wonder if they get citations also.

nah, many of them are illegals, so the cops know they won't pay the tickets. i'd be more salty about the food delivery guys' terrible bike-riding skills, except that they have the highest fatality rate statistically, among bikers. so i guess it evens out.

nah, many of them are illegals, so the cops know they won't pay the tickets. i'd be more salty about the food delivery guys' terrible bike-riding skills, except that they have the highest fatality rate statistically, among bikers. so i guess it evens out.

This sounds like the kind of "common knowledge" that can never be verified and does more harm than good to perpetuate.
Believe me, I hate no one more than a delivery guy on a 90-pound MTB creaking along the wrong way in a bike lane. But I doubt I could discern his immigration status even as I shine my new Light & Motion Vega™ headlamp right at him. As for the fatality rate, the guy was still breathing when I rode away....


Oh, yeah. As to the OP, good luck, but isn't a citation simply what a bureaucrat calls a ticket? Keep us posted.

Patrol car pulls me over on the next block. I get a citation. Not really a ticket. I have a court date in September. Anybody have an idea what this is? Or what will be the likely outcome?

It's possible that the cop just wants to bust your balls. I received a citation for a non-cycling incident a couple years ago. I took a day off from work (read: lost income) to show up in court on the appointed day; I was sent home before even seeing a judge because the cop had filled out the citation improperly and I left without paying a fine. At least it was a beautiful day, so I went for a ride.

Show up for your date, but be prepared to make your case with photos as previously suggested. Also, as previously suggested, consider changing your route if this congestion is common.

I believe the fine for sidewalk riding is $100 (first offense, with successive violations increasingly more expensive). Also remember that if a cop is in a ticketing mood he can write you up for no light and no bell.

Show up for your date, but be prepared to make your case with photos as previously suggested.
Considering that this citation shouldn't put any points on his driver's license, is it really worth taking a day off of work and potentially spending half the day at the courthouse to avoid paying the fine?

Considering that this citation shouldn't put any points on his driver's license, is it really worth taking a day off of work and potentially spending half the day at the courthouse to avoid paying the fine?

It seems you're suggesting that I should have simply paid the fine and not wasted my time in court. This was not an option in my situation; the citation was written such that I had to show up to pay my fine--the amount of the fine wasn't even specified. Failure to do so would have invited a summons, a higher fine, points off my license, etc. I don't know what gfrance's piece of paper says so I can't answer regarding that particular situation.

That's what it appears to me. It's a pink slip with no fine amount....just a court date and time. I did think "what would happen if I failed to show", but pretty quickly thought better of it. I'll show. If it's $100 so be it. Lesson learned.

Failure to do so would have invited a summons, a higher fine, points off my license, etc.

I don't know about NY, but in many states it is not required that you use your automotive drivers license as proof of identification. Doing so can often put points onto your insurance rating etc. If possible, use some other means of identification. In Massachusetts they are getting away from using your SSN as your drivers license number.

That's what it appears to me. It's a pink slip with no fine amount....just a court date and time.
I guess I don't know what I'm talking about then. Is this a citation akin to, say, an open-container violation or jumping a turnstile or something? Seems kind of harsh to make you appear in court when a guy driving a car who runs a red light has the option of pleading guilty by mail.
Have you tried calling 311? I thought about doing it, but I don't have all the details and didn't want to get into some "a friend of mine, uh, he has this rash?" kind of situation.
Please keep us posted; I'm interested.
And good luck.

I guess I don't know what I'm talking about then. Is this a citation akin to, say, an open-container violation or jumping a turnstile or something?
I'm also confused. A typical citation should have an option to mail it in. Other people I know who've gotten tickets for cycling violations got that, the fine was listed right on the ticket.

I'd call 311 and see if they have any insight.

It seems you're suggesting that I should have simply paid the fine and not wasted my time in court. This was not an option in my situation; the citation was written such that I had to show up to pay my fine--the amount of the fine wasn't even specified. Failure to do so would have invited a summons, a higher fine, points off my license, etc. I don't know what gfrance's piece of paper says so I can't answer regarding that particular situation.


that sounds weird, when i got ticketed / cited it was the yellow one that you can pay by mail. i know it's after the fact and all, but whenever i get ticketed by a cop i always ask what's expected of me, etc. so I don't drop the ball later and end up with a warrant.

that sounds weird, when i got ticketed / cited it was the yellow one that you can pay by mail. i know it's after the fact and all, but whenever i get ticketed by a cop i always ask what's expected of me, etc. so I don't drop the ball later and end up with a warrant.

I see it's time to refer everyone back to my first post and to clarify:

It's possible that the cop just wants to bust your balls. I received a citation for a non-cycling incident a couple years ago. I took a day off from work (read: lost income) to show up in court on the appointed day; I was sent home before even seeing a judge because the cop had filled out the citation improperly and I left without paying a fine. At least it was a beautiful day, so I went for a ride.

Show up for your date, but be prepared to make your case with photos as previously suggested. Also, as previously suggested, consider changing your route if this congestion is common.

I believe the fine for sidewalk riding is $100 (first offense, with successive violations increasingly more expensive). Also remember that if a cop is in a ticketing mood he can write you up for no light and no bell.

It was a late September Saturday afternoon, almost 5pm, and my wife and I were walking in Prospect Park. I absent-mindedly picked up some litter to toss in the garbage a few yards away--I like to see my park clean, y'know. I get a few paces when I saw the cop grinning at me like he just won the lottery and I realized the empty can I just picked up had the Budweiser logo on it. He asked me for ID--my driver's license was all I had on me--and called it in for possible outstanding warrants. When he started writing the ticket I was livid; I started arguing with him (probably dropped the f-bomb a couple times) to no avail. I mean, c'mon, Budweiser? I prefer my beer with some flavor...

Could I have refused to produce ID? I suppose. Would that be reason enough to haul my ass to the station until someone could vouch for my identity? Anybody know? It bears mentioning at this point that a lot of New Yorkers don't have drivers' licenses; many native NYers have no need to learn to drive what with the subways, buses, and taxis.

Anyway, after leaving the courthouse in Red Hook that November morning I was convinced that the citicket was the cop's way of having a bit of fun with me and was likely a chance to add one more ticket to his total at 5pm on the last day of September.

Lesson learned: leave the trash no matter how unsightly.

Go with your gut, gfrance.

I don't know about NY, but in many states it is not required that you use your automotive drivers license as proof of identification. Doing so can often put points onto your insurance rating etc. If possible, use some other means of identification. In Massachusetts they are getting away from using your SSN as your drivers license number.

It's not required in New York, certainly not New York City, because so many of us don't have drivers licenses :p Still, we do have non-driver's ID (without SS#) and police can detain anyone who doesn't have government issued ID until they can confirm identity.

The cop saw you pick up trash and wrote you up for that? He deserves a facepunch for that.

The cop saw you pick up trash and wrote you up for that? He deserves a facepunch for that.

No, I don't think he saw me pick it up; I had been around a bend behind some trees when I picked it up.

Can we make a distinction here?
The police cannot detain anyone who doesn't produce a government-issued ID! The police -- at least those who were not part of the Stasi -- cannot simply go around asking for you papers! You have to produce ID if you are being questioned, but questioning you for your ID doesn't count.
I know it's confusing, and that's a shame.

Can we make a distinction here?
The police cannot detain anyone who doesn't produce a government-issued ID! The police -- at least those who were not part of the Stasi -- cannot simply go around asking for you papers! You have to produce ID if you are being questioned, but questioning you for your ID doesn't count.
I know it's confusing, and that's a shame.

Back during the Giuliani administration they changed some of the police rules to allow for crackdowns and sweeps in certain areas. For example, Sixth Precinct police can detain anyone they suspect might be dealing drugs in Washington Square Park who fails to produce government issued ID, until they can confirm identity. They also have a number of surveillance cameras in the area which some people feel are also unconstitutional. Sorry I don't know the exact rule. Maybe it has to do with "probable cause."

I get a citation. Not really a ticket. - Dude its worse than a ticket.

Actually you might search the forums, I posted on my ticket/citation. The real problem is that when I got to court after waiting on line they claimed that the police did not file something or other and they gave me an embosed paper explaining it and told be to keep it forever just in case. WTF

FWIW, they are trying to 1)run warrents, and 2) need what they consider an excuse to stop and question people. In general I have seen most of this in minority neighborhoods.

The police cannot detain anyone who doesn't produce a government-issued ID! - I believe they can take you to the station and require you to identify yourself, this is a recent Bush Admin thing that will stick. Another related issue is if they need suspicion of a crime to request ID.

The cop saw you pick up trash and wrote you up for that? - Open bottle law, probably exists everywhere in the USA. The cop needed to meet a quota or needed to make sure that he harrassed all races, religions, sexual orientations equally.

you're lucky they didn't fingerprint or dna sample you.
that's how they get you in their database.
what is the difference between detaining you and hauling you into the precinct
for hours to confirm your identity?

my reference was to the ID requirement not that the poster was detained.
I've gotten a few pink tickets in my lifetime and both required a trip to court.
if not, a warrant may be issued.

edit 2, I believe it is called a universal summons. summons to court appearance.

Wow. Posters are really not reading previous posts or understanding the situations. I was not detained nor was gfrance. We were each issued a ticket (my search of NYC laws for a distinction between citation and ticket was unsuccessful; I suspect they are one and the same) directing us to appear in court at a later date. Maybe I should be calling it a summons. I'll try to find it--if I still have it.

For future reference:

New York City Administrative Code -
Title 10
Public Safety
§ 10–125 Consumption of alcohol on streets prohibited. a. Definitions. Whenever used in this section, the following terms are defined as follows: 1. Alcoholic beverage. Any liquid intended for human consumption containing more than one-half of one percent (.005) of alcohol by volume. 2. Public place. A place to which the public or a substantial group of persons has access including, but not limited to, any highway, street, road, sidewalk, parking area, shopping area, place of amusement, playground, park or beach located within the city except that the definition of a public place shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within their own private property. Such public place shall also include the interior of any stationary motor vehicle which is on any highway, street, road, parking area, shopping area, playground, park or beach located within the city. b. No person shall drink or consume an alcoholic beverage, or possess, with intent to drink or consume, an open container containing an alcoholic beverage in any public place except at a block party, feast or similar function for which a permit has been obtained. c. Possession of an open container containing an alcoholic beverage by any person shall create a rebuttable presumption that such person did intend to consume the contents thereof in violation of this section. d. Nothing in this section shall be deemed to prohibit the consumption of an alcoholic beverage in any duly licensed establishment whose certificate of occupancy extends upon a street. e. Any person who shall be found to have violated any of the provisions of this section shall be punished by a fine of not more than twenty-five dollars ($25) or imprisonment of up to five (5) days, or both, or pursuant to the provisions of the family court act of the state of New York where applicable.

^^ Correct. Not only was I not detained, the officer never even got out of the patrol car. She (from the passenger side) requested ID and did whatever she did, I'm not sure. Then returned to me my ID and the pink slip citation/summons. THere is no dollar amount to pay, no mail in option: only a court date set for September. So, still I have no idea what I'm in for. But I'll show up for sure. And pay whatever they request. I will, though, provide at least a few pictures to show how clogged up that intersection can get. Not a good excuse I know, but I may get lucky and get a lenient judge. And just basically give my story: daily cycling commuter, adult, Wall Street worker, helmet wearing, law abiding guy. I rode the sidewalk to skirt around a messy traffic area...for both safety and convenience.

Here's a link to a good site that covers your situation

http://www.bicycledefensefund.org/bikelaw.html

More and more I'm riding on sidewalks. Sometimes it's just fifty times safer than riding in the road for a few blocks. Now I'm a real bad boy too ... sometimes riding in the road the wrong way. I do both of these things s l o w l y.

The sidewalk law is ridiculous. It should be about how you're riding on the sidewalk.

More and more I'm riding on sidewalks. The sidewalk law is ridiculous. It should be about how you're riding on the sidewalk.
No, it isn't ridiculous. Riding your bike on the sidwalk, unless it's an emergency, is slightly silly.

A pedestrian walks at 2-3 miles per hour; a slow bicycle travels at 10-12 mph. Sidewalks are also narrow, uneven, and often cluttered. Sidewalks are made for, and ought to be, only for pedestrian traffic.

In addition, the vast majority of accidents involving bicycles happen at the intersections, not in mid-block. Riding on the street makes it easier for the cars to see you, thus there is less chance of an accident at the intersection. If a bike is on the sidewalk, cars won't see and won't expect them, which makes it more dangerous for the bike at the intersections.

Bicycles are vehicles; vehicles belong in the streets. And the most reliable way to make the streets safer for bicycles is to get more bikes in the streets, so the cars are used to their presence and learn to make allowances for them.

I agree with Bacciagalupe; it's a bad idea, at least in NYC, to ride the sidewalks. That said, I will admit to taking my bike on the sidewalk in specific situations: when the garbage truck and the consequent line of cars has blocked the entire street I will ride the sidewalk for the 40 feet necessary to pass the blockage, but only if there are no peds. Peds around? Walk the bike or mosey at 5 mph, then get back on the street as soon as possible. I don't enjoy sidewalk riding--it's too restrictive. Ride like the vehicle you are, use hand signals and take the entire lane when you must; a driver would be stupid to try to force you out of the lane if you're in the middle of it and keeping a good pace. The more of us that do this the more motorists become accustomed to our presence and accept it.

Outside of NYC in rural areas where the normal traffic speed is 50-60 mph and there happens to be a sidewalk nearby, I can understand using the sidewalk. In these situations--in my experience--there is almost never pedestrian traffic on the sidewalks. Why walk when you can drive? is the thinking in many parts of America. If you're using the sidewalk in these places cross the intersections as though you are a pedestrian: wait for the light and go slow, making eye contact with drivers to confirm they've seen you. As Bacciagalupe pointed out, the intersection is the dangerous part of sidewalk riding.

There's only one place I ever ride on the sidewalk in NYC. Exiting the West Side Greenway and crossing the two way highway onto Clarkson Street going east there are two blocks of deep cobblestone. I used to try riding it (on 23mm tires) and every time came close to either falling or popping a tube.

On the official NYC bike maps these two blocks are marked as a bike path. The bike path does in fact emerge once passing Greenwich Street. In any case, the sidewalk is almost always empty except on weekend evenings except for this one guy and his dog, both of whom I always say hi to.

these two blocks

That's exactly what I'm talking about -- those little connection points where it's safer on the sidewalk. My rides are 95+ percent in the roads or on bike paths. Sometimes the sidewalk is needed to complete a route. And I go a lot slower than 10-11 mph.

10-11 mph is pretty close to my road speed. :(

There's only one place I ever ride on the sidewalk in NYC. Exiting the West Side Greenway and crossing the two way highway onto Clarkson Street going east there are two blocks of deep cobblestone. I used to try riding it (on 23mm tires) and every time came close to either falling or popping a tube.

On the official NYC bike maps these two blocks are marked as a bike path. The bike path does in fact emerge once passing Greenwich Street. In any case, the sidewalk is almost always empty except on weekend evenings except for this one guy and his dog, both of whom I always say hi to.

Consider changing your route; I prefer W 10th St to Bleecker--much nicer surface.

Feel lucky you weren't busted like THIS GUY (http://gothamist.com/2008/07/28/cop_caught_on_video_assaulting_cycl.php). :eek:

Wow! That's so wrong, no question. Was the cop reliving his days on the high school football team?

There's only one place I ever ride on the sidewalk in NYC. Exiting the West Side Greenway and crossing the two way highway onto Clarkson Street going east there are two blocks of deep cobblestone. I used to try riding it (on 23mm tires) and every time came close to either falling or popping a tube.

On the official NYC bike maps these two blocks are marked as a bike path. The bike path does in fact emerge once passing Greenwich Street. In any case, the sidewalk is almost always empty except on weekend evenings except for this one guy and his dog, both of whom I always say hi to.

I always ride on the sidewalk there too :p I swing down the bike lane on Washington Street, and up onto the sidewalk at Houston Street because the shared lane often has cars in it traveling west. Then I go down the sidewalk on Greenwich, where the bike land is permanently blocked by some kind of dumpster outside the UPS facility, and finally go out into the street on King Street.

Most times there's nobody there anyway and I only go about 5mph. Considering that Houston/Clarkson is a major access point for the Greenway DOT really should come up with a better solution.

a while ago i was given a citation (or summons) for jaywalking on Myrtle at the Marcy Ave intersection. I had to go to court twice (go early to beat the line, it gets really bad after 9am). The first time they didn't have the file because the cop hadn't submitted it! The second time (by now I had spent about 2hours waiting in line), they had the file but it was marked 'recommended for dismissal'. The clerk told me I could call the phone number on the citation the next day to see if my case had actually been dismissed. The clerk stamped the citation to prove that I showed up to court and I got confirmation over the phone that the case had been dismissed.
Long story short: these officers need to meet their quota and i was in the wrong place at the wrong time. I wouldn't worry about it too much, if you're lucky you'll won't have to pay anything.

wow, you got a summons for jaywalking? crossing at a red light?
I thought most ny'ers did that. not me, I'm too old to race a light or a car.
speaking of sidewalk riding, I saw 2 tourists on a rental tandem bicycle riding on a narrow sidewalk.
A visit to any criminal court in NYC sucks. serving jury duty on a criminal case is just as depressing.

actually, i had a walk sign but crossed the street outside of the crosswalk between the first and second car that were waiting for the red light! like i said, i assume the cop was looking for an easy ticket to write...

ah ha, that's what I thought jaywalking was,
The Cross at the Green, not in between ad campaign.

I remember during the Guiliani administration Mr. Mayor promised to crack down on "quality of life" infractions including jaywalking. I believe the attitude among cops back then was "we have time to hand out jaywalking tickets?" There seems to be so many other things for police to concentrate on; jaywalking is sort of one of those "victimless" crimes (until the jaywalker steps in front of your bike).

nah, many of them are illegals, so the cops know they won't pay the tickets. i'd be more salty about the food delivery guys' terrible bike-riding skills, except that they have the highest fatality rate statistically, among bikers. so i guess it evens out.

&$%# that noise. In general, these guys (I refer to the job of food delivery, not any ethnic group) are a menace. They always ride against traffic or on the sidewalks, on stolen bikes Which are always way too big for their riders, with questionable brakes. When I confront them (I am riding with traffic) they try to hug the curb so I am forced blindly into traffic. No more. I play chicken and they eventually cave. Too f'n'bad.


Regarding the OP: I too got the pink slip - I talked my way out of it but had to miss a day of work to do so...quite the Pyrrhic victory. I basically argued I was on one block stretch because I was adjusting my brake (true - I'd gotten a flat and when I stuck the wheel back in it wasn't centered right and my lousy old sidepulls were rubbing). This was on an industrial road, barely any foot traffic. they were basically dragnetting every cyclist that goes by - end of the month ticket quota.

Just fyi: My officer didn't show up, but that was irrelevant. I took pictures and brought them, but the judge wouldn't even look at them. I wore a suit and tie (people kept asking me if I was an attorney!:rolleyes:). I was excused with an "ACD" which basically meant if I was caught doing anything else for 6 months (from the court date, not the citation date) I'd have to pay both fines.

My advice is to say what you told us: the truth. You know the law, you never ride on sidewalks, and only did so in this one spot because it looked dangerous, and you were very careful not to endanger any pedestrians. Not sure if that's best....good luck.

OK folks, a little update on this story.

I showed up on the assigned date at 346 Broadway. The "Summons" court. Had to wait in line a long time--kind of like the Post Office: 50 people in line to 1 clerk.

Anyway, the clerk at the window was giving instructions as to which court room one had to go to.

I get to the window, and she takes the pink summons, and says, "Case Dismissed, go home"!!!

Lesson learned: Don't blow these summons' off...show up and hope they throw it out.

Wow, what a waste of time for the cop, you, and obviously the court thought so too!

Glad to read you won't be breaking rocks on a chain gang anytime soon.

excellent!

You're lucky; they were dismissing lots of them they day I went but unfortunately not mine...and for the record, my cop was not present, but they still made me see the judge, so their absence is NOT an automatic dismissal...

Can he write you up for no light in the daytime?