Received a citation for illegally riding in the roadway
06-08-09, 12:06 PM
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Received a citation for illegally riding in the roadway
Never have I had a bigger laugh than today. So I stopped at an intersection next to a Constable's vehicle. The traffic cleared (it's a two way stop sign controlled intersection for clarity) and I proceeded through the lane. As I got to the other side, the speed limit is 30 on the two lane road. But the road is only 2 blocks long before it's blockaded for the courthouse, limiting speed further, imho. Within 100 feet of crossing, I shift toward the center of the lane to avoid the potholes, dead squirrel and broken glass that fill the side of the road. That's when I'm hit by sirens, I glance back in dismay. Yep, it's me.
So I pull over and the Constable immediately gets out and asks for ID and has a ticket book in his hand.
He says I'm suppose to be within 2 feet of the curb or on the sidewalk legally. When I explain that I can't ride through the debris AND am keeping up with the flow of traffic he says to me:
Do you have license plates? If not, you're in the wrong being in the center of this lane. I start to try to explain, but just thank him, take the ticket and ride away in disgust.
So I will be showing up to the court to defend myself. But I think it's pretty bad when the below law is pretty clearly written and it was beyond his comprehension to understand it.
Sec. 551.103. OPERATION ON ROADWAY. (a) Except as provided by Subsection (b), a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless:
(1) the person is passing another vehicle moving in the same direction;
(2) the person is preparing to turn left at an intersection or onto a private road or driveway;
(3) a condition on or of the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal, or surface hazard prevents the person from safely riding next to the right curb or edge of the roadway; or
(4) the person is operating a bicycle in an outside lane that is:
(A) less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane; or
(B) too narrow for a bicycle and a motor vehicle to safely travel side by side.
(b) A person operating a bicycle on a one-way roadway with two or more marked traffic lanes may ride as near as practicable to the left curb or edge of the roadway.
(c) Persons operating bicycles on a roadway may ride two abreast. Persons riding two abreast on a laned roadway shall ride in a single lane. Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway. Persons may not ride more than two abreast unless they are riding on a part of a roadway set aside for the exclusive operation of bicycles.
(d) Repealed by Acts 2001, 77th Leg., ch. 1085, Sec. 13, eff. Sept. 1, 2001.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1085, Sec. 10, 13, eff. Sept. 1, 2001.
So I pull over and the Constable immediately gets out and asks for ID and has a ticket book in his hand.
He says I'm suppose to be within 2 feet of the curb or on the sidewalk legally. When I explain that I can't ride through the debris AND am keeping up with the flow of traffic he says to me:
Do you have license plates? If not, you're in the wrong being in the center of this lane. I start to try to explain, but just thank him, take the ticket and ride away in disgust.
So I will be showing up to the court to defend myself. But I think it's pretty bad when the below law is pretty clearly written and it was beyond his comprehension to understand it.
Sec. 551.103. OPERATION ON ROADWAY. (a) Except as provided by Subsection (b), a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless:
(1) the person is passing another vehicle moving in the same direction;
(2) the person is preparing to turn left at an intersection or onto a private road or driveway;
(3) a condition on or of the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal, or surface hazard prevents the person from safely riding next to the right curb or edge of the roadway; or
(4) the person is operating a bicycle in an outside lane that is:
(A) less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane; or
(B) too narrow for a bicycle and a motor vehicle to safely travel side by side.
(b) A person operating a bicycle on a one-way roadway with two or more marked traffic lanes may ride as near as practicable to the left curb or edge of the roadway.
(c) Persons operating bicycles on a roadway may ride two abreast. Persons riding two abreast on a laned roadway shall ride in a single lane. Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway. Persons may not ride more than two abreast unless they are riding on a part of a roadway set aside for the exclusive operation of bicycles.
(d) Repealed by Acts 2001, 77th Leg., ch. 1085, Sec. 13, eff. Sept. 1, 2001.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1085, Sec. 10, 13, eff. Sept. 1, 2001.
06-08-09, 12:12 PM
#2
it's easy if you let it.
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You can trust that officer would have written an unsafe passing ticket if you'd gotten mowed down while hugging the curb though, right?
Then again, you might have "swerved"...
Then again, you might have "swerved"...
06-08-09, 12:14 PM
#3
aka Timi
Sounds like you have a good case! 
How big was the fine? long time 'til court appearance? Let us know how it works out...
How big was the fine? long time 'til court appearance? Let us know how it works out...
06-08-09, 12:22 PM
#5
GATC
bring pix of the road to your court date, judges love evidence
Good luck and kick ass!
Good luck and kick ass!
06-08-09, 12:27 PM
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Did you happen to get any photos of the road condition the day of the incident?
__________________
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"When you are chewing the bars at the business end of a 90 mile road race you really dont care what gear you have hanging from your bike so long as it works."
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06-08-09, 12:27 PM
#8
aka Phil Jungels
And, respectfully, ask the judge to order more training for the constabiles.
06-08-09, 12:50 PM
#9
It's true, man.
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06-08-09, 12:51 PM
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Ask the judge if the police are allowed to enforce imaginary laws! 
06-08-09, 12:58 PM
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So what, exactly, did he cite you for on the ticket?
__________________
"Let us hope our weapons are never needed --but do not forget what the common people knew when they demanded the Bill of Rights: An armed citizenry is the first defense, the best defense, and the final defense against tyranny. If guns are outlawed, only the government will have guns. Only the police, the secret police, the military, the hired servants of our rulers. Only the government -- and a few outlaws. I intend to be among the outlaws" - Edward Abbey
"Let us hope our weapons are never needed --but do not forget what the common people knew when they demanded the Bill of Rights: An armed citizenry is the first defense, the best defense, and the final defense against tyranny. If guns are outlawed, only the government will have guns. Only the police, the secret police, the military, the hired servants of our rulers. Only the government -- and a few outlaws. I intend to be among the outlaws" - Edward Abbey
06-08-09, 12:59 PM
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Also, in Texas you are not required to produce ID. You must give a lawman your real name and current home address. The law compels nothing more. (You can be held until the information you provided can be confirmed, however!) The danger of using you DL as ID is that the ticket is more easily applied to your driving record.
06-08-09, 01:18 PM
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Never have I had a bigger laugh than today. So I stopped at an intersection next to a Constable's vehicle. The traffic cleared (it's a two way stop sign controlled intersection for clarity) and I proceeded through the lane. As I got to the other side, the speed limit is 30 on the two lane road. But the road is only 2 blocks long before it's blockaded for the courthouse, limiting speed further, imho. Within 100 feet of crossing, I shift toward the center of the lane to avoid the potholes, dead squirrel and broken glass that fill the side of the road. That's when I'm hit by sirens, I glance back in dismay. Yep, it's me.
So I pull over and the Constable immediately gets out and asks for ID and has a ticket book in his hand.
He says I'm suppose to be within 2 feet of the curb or on the sidewalk legally. When I explain that I can't ride through the debris AND am keeping up with the flow of traffic he says to me:
Do you have license plates? If not, you're in the wrong being in the center of this lane. I start to try to explain, but just thank him, take the ticket and ride away in disgust.
So I will be showing up to the court to defend myself. But I think it's pretty bad when the below law is pretty clearly written and it was beyond his comprehension to understand it.
Sec. 551.103. OPERATION ON ROADWAY. (a) Except as provided by Subsection (b), a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless:
(1) the person is passing another vehicle moving in the same direction;
(2) the person is preparing to turn left at an intersection or onto a private road or driveway;
(3) a condition on or of the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal, or surface hazard prevents the person from safely riding next to the right curb or edge of the roadway; or
(4) the person is operating a bicycle in an outside lane that is:
(A) less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane; or
(B) too narrow for a bicycle and a motor vehicle to safely travel side by side.
(b) A person operating a bicycle on a one-way roadway with two or more marked traffic lanes may ride as near as practicable to the left curb or edge of the roadway.
(c) Persons operating bicycles on a roadway may ride two abreast. Persons riding two abreast on a laned roadway shall ride in a single lane. Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway. Persons may not ride more than two abreast unless they are riding on a part of a roadway set aside for the exclusive operation of bicycles.
(d) Repealed by Acts 2001, 77th Leg., ch. 1085, Sec. 13, eff. Sept. 1, 2001.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1085, Sec. 10, 13, eff. Sept. 1, 2001.
So I pull over and the Constable immediately gets out and asks for ID and has a ticket book in his hand.
He says I'm suppose to be within 2 feet of the curb or on the sidewalk legally. When I explain that I can't ride through the debris AND am keeping up with the flow of traffic he says to me:
Do you have license plates? If not, you're in the wrong being in the center of this lane. I start to try to explain, but just thank him, take the ticket and ride away in disgust.
So I will be showing up to the court to defend myself. But I think it's pretty bad when the below law is pretty clearly written and it was beyond his comprehension to understand it.
Sec. 551.103. OPERATION ON ROADWAY. (a) Except as provided by Subsection (b), a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless:
(1) the person is passing another vehicle moving in the same direction;
(2) the person is preparing to turn left at an intersection or onto a private road or driveway;
(3) a condition on or of the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal, or surface hazard prevents the person from safely riding next to the right curb or edge of the roadway; or
(4) the person is operating a bicycle in an outside lane that is:
(A) less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane; or
(B) too narrow for a bicycle and a motor vehicle to safely travel side by side.
(b) A person operating a bicycle on a one-way roadway with two or more marked traffic lanes may ride as near as practicable to the left curb or edge of the roadway.
(c) Persons operating bicycles on a roadway may ride two abreast. Persons riding two abreast on a laned roadway shall ride in a single lane. Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway. Persons may not ride more than two abreast unless they are riding on a part of a roadway set aside for the exclusive operation of bicycles.
(d) Repealed by Acts 2001, 77th Leg., ch. 1085, Sec. 13, eff. Sept. 1, 2001.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1085, Sec. 10, 13, eff. Sept. 1, 2001.
i'd say that right there covers you.
06-08-09, 01:27 PM
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I would document the potholes, with photographs. Otherwise I am sure the police would deny any obstructions that you claim to have been avoiding.
In my opinion, the Texas law promotes swerving in and out of traffic. It's foolish.
In my opinion, the Texas law promotes swerving in and out of traffic. It's foolish.
06-08-09, 01:45 PM
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Only if this particular law is what he was cited for...which is why I asked what he was cited for, specifically.
__________________
"Let us hope our weapons are never needed --but do not forget what the common people knew when they demanded the Bill of Rights: An armed citizenry is the first defense, the best defense, and the final defense against tyranny. If guns are outlawed, only the government will have guns. Only the police, the secret police, the military, the hired servants of our rulers. Only the government -- and a few outlaws. I intend to be among the outlaws" - Edward Abbey
"Let us hope our weapons are never needed --but do not forget what the common people knew when they demanded the Bill of Rights: An armed citizenry is the first defense, the best defense, and the final defense against tyranny. If guns are outlawed, only the government will have guns. Only the police, the secret police, the military, the hired servants of our rulers. Only the government -- and a few outlaws. I intend to be among the outlaws" - Edward Abbey
06-08-09, 02:04 PM
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06-08-09, 04:27 PM
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My experience
I had a similar thing happen to me.
I was riding down this two-lanes-in-each-direction, middle-turning-lane road and had to stop at the red light. When I stop at a red light I always take the lane since I don't want to worry about the line of cars behind me trying to squeeze by (and on a road this wide, I figure it's no big deal anyway). A hundred yards past the intersection, this cop caught up with me, kept driving at my pace and yelled out "move onto the sidewalk". I refused, of course, he said something about me blocking traffic to which I responded that I am part of the traffic. He then turned the lights on, turned the car to the curb (to prevent me from taking off) thus blocking both lanes. After a bit of back and forth, he wrote me a ticket for "pedestrian obstructing traffic". Then it was my turn to get in his face how I am not a pedestrian and that should be noted but he refused. In retrospect, that bit (pedestrian) didn't matter, since, apparently, they can change the citation reason at the hearing (I found that out at the hearing). Also, the police cars around here have video cameras and the magistrate could clearly see that I was on a bike.
I was riding down this two-lanes-in-each-direction, middle-turning-lane road and had to stop at the red light. When I stop at a red light I always take the lane since I don't want to worry about the line of cars behind me trying to squeeze by (and on a road this wide, I figure it's no big deal anyway). A hundred yards past the intersection, this cop caught up with me, kept driving at my pace and yelled out "move onto the sidewalk". I refused, of course, he said something about me blocking traffic to which I responded that I am part of the traffic. He then turned the lights on, turned the car to the curb (to prevent me from taking off) thus blocking both lanes. After a bit of back and forth, he wrote me a ticket for "pedestrian obstructing traffic". Then it was my turn to get in his face how I am not a pedestrian and that should be noted but he refused. In retrospect, that bit (pedestrian) didn't matter, since, apparently, they can change the citation reason at the hearing (I found that out at the hearing). Also, the police cars around here have video cameras and the magistrate could clearly see that I was on a bike.
06-08-09, 04:46 PM
#21
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Hit Enter instead of shift... story continues.
At the hearing, the cop tried to pull the "has to ride as far right as practicable" but forgot about the piece that says that if a cyclist feels that, for his safety, he needs to take the lane, has the right to do so. Than he started saying how he was looking out for my well-being etc.
The first thing I produced as "evidence" was a booklet from the Michigan Department of Community Health that say in bold letters, on the very first page, "Riding on sidewalks is very, very dangerous." The magistrate dropped the ticket, the cop ran out of the courtroom with his tail between his legs and I didn't even get a chance to gloat.
I think you should be OK. Print out the specific articles of law that you plan to refer, see if any Texas governmental department has published a booklet similar to the Michigan one (tried to find it online now, but the internet at work has slowed down for some reason) and bring that, too. Just stick to your guns and you should be fine. That being said, I was nervous as hell when I was at the hearing.
Best of luck and let us know how you fared.
Mikancic
At the hearing, the cop tried to pull the "has to ride as far right as practicable" but forgot about the piece that says that if a cyclist feels that, for his safety, he needs to take the lane, has the right to do so. Than he started saying how he was looking out for my well-being etc.
The first thing I produced as "evidence" was a booklet from the Michigan Department of Community Health that say in bold letters, on the very first page, "Riding on sidewalks is very, very dangerous." The magistrate dropped the ticket, the cop ran out of the courtroom with his tail between his legs and I didn't even get a chance to gloat.
I think you should be OK. Print out the specific articles of law that you plan to refer, see if any Texas governmental department has published a booklet similar to the Michigan one (tried to find it online now, but the internet at work has slowed down for some reason) and bring that, too. Just stick to your guns and you should be fine. That being said, I was nervous as hell when I was at the hearing.
Best of luck and let us know how you fared.
Mikancic
06-08-09, 04:50 PM
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maybe you can check the road to see if these will help your case
(A) less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane; or
(B) too narrow for a bicycle and a motor vehicle to safely travel side by side.
(A) less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane; or
(B) too narrow for a bicycle and a motor vehicle to safely travel side by side.
06-08-09, 07:22 PM
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I gotta stop reading these threads....
06-08-09, 10:16 PM
#25
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I might be reading something more into this, but I'll bet I'm not far off...
Constable driving down the road and is slowed down by a cyclist. He gets frustrated for having to wait 15 seconds, (just like some other cagers). He has the ability to make more hassle for what he perceives as a cocky cyclist who thinks they own the road that is paid for by HIS road tax.
He hits the lights and sirens, (I'm guessing the courthouse is in the town square or at least downtown) and gets to show all the other cagers how he is today's hero. Every motorist who has ever seen a cyclist run a stop sign is cheering to themselves as they rubber-neck their way past.
A large portion of tickets are paid by mail or online, so this citation could just be another few dollars int he county's coffers. If the OP takes it to court, the likelihood is that the constable will not show up and the ticket will be dismissed. Either way, this yahoo got to take the cock-sure cyclist down a peg while showing other motorists that he's "one of them" and not a panty-waist who believes these toys should be on the roadway.
/rant
Constable driving down the road and is slowed down by a cyclist. He gets frustrated for having to wait 15 seconds, (just like some other cagers). He has the ability to make more hassle for what he perceives as a cocky cyclist who thinks they own the road that is paid for by HIS road tax.
He hits the lights and sirens, (I'm guessing the courthouse is in the town square or at least downtown) and gets to show all the other cagers how he is today's hero. Every motorist who has ever seen a cyclist run a stop sign is cheering to themselves as they rubber-neck their way past.
A large portion of tickets are paid by mail or online, so this citation could just be another few dollars int he county's coffers. If the OP takes it to court, the likelihood is that the constable will not show up and the ticket will be dismissed. Either way, this yahoo got to take the cock-sure cyclist down a peg while showing other motorists that he's "one of them" and not a panty-waist who believes these toys should be on the roadway.
/rant