TiberiusBTkirk

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.

brooklyncyclist

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.

gfrance

^^ 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.

dendawg

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

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

Sportsman9

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.

Bacciagalupe

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.

brooklyncyclist

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.

bquine

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.

Sportsman9

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.

brooklyncyclist

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

jeebusaurousrex

Feel lucky you weren't busted like THIS GUY.

brooklyncyclist

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

Stacy

I always ride on the sidewalk there too 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.

fredvg

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.

TiberiusBTkirk

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.

fredvg

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...

TiberiusBTkirk

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

brooklyncyclist

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).

pgoat

&$%# 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!). 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.

gfrance

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.

jeebusaurousrex

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.

pgoat

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...

Elkhound

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