Riding a Bike is Not a Crime!
#1
Thread Starter
LET'S ROLL
Joined: Nov 2009
Posts: 4,789
Likes: 59
From: NEW YORK, NY - USA
Bikes: 2014 BMC Gran Fondo, 2013 Brompton S6L-X
Riding a Bike is Not a Crime!
"John was confronted by a City of Lansing police officer who was professional and polite, but told him, "The roadways are made for motor vehicles, and you can ride your bike on it, but you're impeding traffic." Unfortunately, the magistrate disagreed with John and found that he violated the statute."
'This is all - this is all f***** up. He's riding his f*** bike in the right-hand lane down Michigan Avenue at 11 miles an hour. He's got f****** traffic backed up for three . . . three blocks. So, I pull him over. People are beeping at him. He's not pulling over . . . He's like, 'F*** it. I've got a right to be on the roadway . . .' He goes, 'Act so and so and this and this here . . . you can't stop me. It's against my rights.' I said, 'Look here. You're impeding traffic. You can't . . . You can't drive down the street at a couple of miles an hour and hold-up traffic. What if there are two bikes? You can stop both lanes going eastbound on Michigan?'
Read the whole article:
https://www.lmb.org/index.php?option=...=162&Itemid=94
'This is all - this is all f***** up. He's riding his f*** bike in the right-hand lane down Michigan Avenue at 11 miles an hour. He's got f****** traffic backed up for three . . . three blocks. So, I pull him over. People are beeping at him. He's not pulling over . . . He's like, 'F*** it. I've got a right to be on the roadway . . .' He goes, 'Act so and so and this and this here . . . you can't stop me. It's against my rights.' I said, 'Look here. You're impeding traffic. You can't . . . You can't drive down the street at a couple of miles an hour and hold-up traffic. What if there are two bikes? You can stop both lanes going eastbound on Michigan?'
Read the whole article:
https://www.lmb.org/index.php?option=...=162&Itemid=94
__________________
One day: www.youtube.com/watch?v=20X43026ukY&list=UUHyRS8bRu6zPoymgKaIoDLA&index=1
One day: www.youtube.com/watch?v=20X43026ukY&list=UUHyRS8bRu6zPoymgKaIoDLA&index=1
#3
genec
Joined: Sep 2004
Posts: 27,072
Likes: 4,533
From: West Coast
Bikes: custom built, sannino, beachbike, giant trance x2
In reading the whole article, we find that the original judge and the arresting cop were found to wrong by a hearing judge:
Again and again we have seen similar cases with similar results... if a cop can't figure it out, and at least one judge is confused, why is it that we expect motorists to understand the laws that pertain to cyclists?
Most motorists barely know the laws that cover driving... much less the laws that apply to other road users.
After hearing all the testimony, reviewing the evidence, and the law, Judge Clarke rendered an opinion. He found that MCL 257.676b, which prevents people from interfering with the normal flow of traffic, did not apply to bicyclists.
Additionally, Judge Clarke went on to comment that even if he was wrong in his conclusion that the statute did not apply to bicycles, he still did not believe John [the cyclist] violated any law.
Accordingly, Judge Clarke dismissed the charges against John.
Given the fact that John was charged with a civil infraction and his case was heard before a District Court, the decision of Judge Clark has no precedential effect. In other words, other courts are not bound to follow Judge Clarke's ruling or interpretation of the law.
Additionally, Judge Clarke went on to comment that even if he was wrong in his conclusion that the statute did not apply to bicycles, he still did not believe John [the cyclist] violated any law.
Accordingly, Judge Clarke dismissed the charges against John.
Given the fact that John was charged with a civil infraction and his case was heard before a District Court, the decision of Judge Clark has no precedential effect. In other words, other courts are not bound to follow Judge Clarke's ruling or interpretation of the law.
Most motorists barely know the laws that cover driving... much less the laws that apply to other road users.
#4
Senior Member
Joined: Nov 2012
Posts: 234
Likes: 0
From: Rockville, MD
Bikes: 2012 Cervelo R3 Team
If he really was doing 11 MPH and not moving over where safe, I'm kind of inclined to agree that he was unnecessarily impeding traffic. While local statutes vary, I know that this behavior would run afoul of my local laws. Delaying 3 blocks of traffic (assuming the officer's account is correct) really is an act of spectacular narcissism if nothing else.
#5
genec
Joined: Sep 2004
Posts: 27,072
Likes: 4,533
From: West Coast
Bikes: custom built, sannino, beachbike, giant trance x2
If he really was doing 11 MPH and not moving over where safe, I'm kind of inclined to agree that he was unnecessarily impeding traffic. While local statutes vary, I know that this behavior would run afoul of my local laws. Delaying 3 blocks of traffic (assuming the officer's account is correct) really is an act of spectacular narcissism if nothing else.
#6
Senior Member

Joined: Feb 2004
Posts: 379
Likes: 0
From: Sacramento
Bikes: SR, Bianchi, Raleigh, Bertin, Kona, Schwinn, Eisentraut, Zunow, Columbine, Naked, Nishiki, Phillips, Specialized, Giant
If he really was doing 11 MPH and not moving over where safe, I'm kind of inclined to agree that he was unnecessarily impeding traffic. While local statutes vary, I know that this behavior would run afoul of my local laws. Delaying 3 blocks of traffic (assuming the officer's account is correct) really is an act of spectacular narcissism if nothing else.
Would 11.01 mph make you happy?
#7
Fat Guy on a Little Bike


Joined: Jun 2008
Posts: 15,946
Likes: 371
From: Philadelphia, PA
Bikes: Two wheeled ones
I think we need to be careful when we use the term judge...I'm not sure how Michigan works, but in my area, traffic courts, most levels of family court and municipal courts don't have what I'd call a real judge...they have elected bozos and/or cronies that typically aren't attorneys. Many don't have college degrees at all and they all want to impersonate Judge Judy. Their courts are not courts of record and there is an automatic right of appeal. I wouldn't expect one of them to be a subject matter expert on any kind of law and would consider them a mere formality along the way of talking to a real judge.
The police are not usually legal experts or subject matter experts on code - they are often blue collar, less educated labor that we entrust to arbitrate difficult situations when they happen. Courts are there to work out the aftermath. I would not expect a police officer to be an expert on traffic code, nor would I appeal to the law when speaking with them. When speaking with them you say, respectfully, "yes sir" or "no sir." If you are saying words other than yes or no, you are probably making a mistake. You then take the legal issues to an actual judge. Police aren't usually attorneys and many aren't college grads. Why would you expect them to be legal experts when most legal issues contain strains of gray that require resolution by an expert?
The police are not usually legal experts or subject matter experts on code - they are often blue collar, less educated labor that we entrust to arbitrate difficult situations when they happen. Courts are there to work out the aftermath. I would not expect a police officer to be an expert on traffic code, nor would I appeal to the law when speaking with them. When speaking with them you say, respectfully, "yes sir" or "no sir." If you are saying words other than yes or no, you are probably making a mistake. You then take the legal issues to an actual judge. Police aren't usually attorneys and many aren't college grads. Why would you expect them to be legal experts when most legal issues contain strains of gray that require resolution by an expert?
#8
Senior Member
Joined: Nov 2012
Posts: 234
Likes: 0
From: Rockville, MD
Bikes: 2012 Cervelo R3 Team
I think when people are riding in the street, they should do their honest best to not impede the flow of traffic. If there's not a significant hill, neither 11 MPH or 11.01 MPH is likely to be consistent with an honest effort to partake in the normal flow of traffic.
#9
I think we need to be careful when we use the term judge...I'm not sure how Michigan works, but in my area, traffic courts, most levels of family court and municipal courts don't have what I'd call a real judge...they have elected bozos and/or cronies that typically aren't attorneys. Many don't have college degrees at all and they all want to impersonate Judge Judy. Their courts are not courts of record and there is an automatic right of appeal. I wouldn't expect one of them to be a subject matter expert on any kind of law and would consider them a mere formality along the way of talking to a real judge.
https://www.nytimes.com/2006/09/25/ny.../25courts.html
https://www.nytimes.com/2006/09/26/ny.../26courts.html
https://www.nytimes.com/2006/09/27/ny.../27courts.html
... though like you, I don't know if this applies to Michigan. Probably not.
#10
Senior Member
Joined: Nov 2012
Posts: 234
Likes: 0
From: Rockville, MD
Bikes: 2012 Cervelo R3 Team
My experience in New York was consistent with KonAaron Snake's description - the judges in the small towns were an absolute joke. They frequently have a poor grasp of the law and almost uniformly are more interested in remaining buddies with the officers and lawyers they see regularly than with actually administering justice. As an example, I argued a minor traffic ticket by printing out the specific law in question and showing that the officers supporting deposition didn't match the requirements for the violation; the judge's response was to give me the maximum fine possible for the violation and to tell me that I would have gotten a lower fine if I hadn't argued it. That's pretty astonishingly corrupt, but there's no real recourse for it.
#11
Senior Member

Joined: Oct 2008
Posts: 705
Likes: 0
Bikes: Bianchi circa late 1980s, Surly Cross Check, Kona Blast
Ah, my mistake then. That's what I get for not RTFA.
I think when people are riding in the street, they should do their honest best to not impede the flow of traffic. If there's not a significant hill, neither 11 MPH or 11.01 MPH is likely to be consistent with an honest effort to partake in the normal flow of traffic.
I think when people are riding in the street, they should do their honest best to not impede the flow of traffic. If there's not a significant hill, neither 11 MPH or 11.01 MPH is likely to be consistent with an honest effort to partake in the normal flow of traffic.
You must be a pretty important dude if your trips can't wait a few seconds to pass a slow moving vehicle.
#12
Fat Guy on a Little Bike


Joined: Jun 2008
Posts: 15,946
Likes: 371
From: Philadelphia, PA
Bikes: Two wheeled ones
There is real recourse for it...appeal to a real judge. In our system that means appealing to the commonwealth level of courts. This stuff varies by area...we get a lot of agency law and agency bureaucrats which are the worst of both worlds (public and private). In agency law, you usually have to appeal through the agency (timely and expensive) before a real judge will listen to you. The intent is to make it a pain in the arse so that no one will fight anything, and it works. Agencies like this often get the benefit of being government affiliates/vendors while having no accountability to the public. There is an automatic right of appeal on motions courts and municipal court decisions (like traffic courts), so you do get to see a real judge, but you'll have to pay to do it (and likely need an attorney at that point).
I've never met a stupid actual judge...I have met a lot of stupid "judges" in motions court and the like.
I've never met a stupid actual judge...I have met a lot of stupid "judges" in motions court and the like.
#13
Senior Member

Joined: Feb 2004
Posts: 379
Likes: 0
From: Sacramento
Bikes: SR, Bianchi, Raleigh, Bertin, Kona, Schwinn, Eisentraut, Zunow, Columbine, Naked, Nishiki, Phillips, Specialized, Giant
I think as cyclists, some of us are prone to go about our use of the road in some bizarre guilt-ridden frame of mind. Strange, me thinks!
#14
Senior Member
Joined: Nov 2012
Posts: 234
Likes: 0
From: Rockville, MD
Bikes: 2012 Cervelo R3 Team
There is real recourse for it...appeal to a real judge. In our system that means appealing to the commonwealth level of courts. This stuff varies by area...we get a lot of agency law and agency bureaucrats which are the worst of both worlds (public and private). In agency law, you usually have to appeal through the agency (timely and expensive) before a real judge will listen to you. The intent is to make it a pain in the arse so that no one will fight anything, and it works. Agencies like this often get the benefit of being government affiliates/vendors while having no accountability to the public. There is an automatic right of appeal on motions courts and municipal court decisions (like traffic courts), so you do get to see a real judge, but you'll have to pay to do it (and likely need an attorney at that point).
#15
genec
Joined: Sep 2004
Posts: 27,072
Likes: 4,533
From: West Coast
Bikes: custom built, sannino, beachbike, giant trance x2
Ah, my mistake then. That's what I get for not RTFA.
I think when people are riding in the street, they should do their honest best to not impede the flow of traffic. If there's not a significant hill, neither 11 MPH or 11.01 MPH is likely to be consistent with an honest effort to partake in the normal flow of traffic.
I think when people are riding in the street, they should do their honest best to not impede the flow of traffic. If there's not a significant hill, neither 11 MPH or 11.01 MPH is likely to be consistent with an honest effort to partake in the normal flow of traffic.
#16
Senior Member
Joined: Nov 2012
Posts: 234
Likes: 0
From: Rockville, MD
Bikes: 2012 Cervelo R3 Team
Nope, not a shred of guilt from me, just the same basic decency that I try to exercise whether I'm walking, cycling, or driving. If there's other people around, I process whether my actions are hindering other people or not. If they are, and I can easily alter them, I try to do so.
#17
Fat Guy on a Little Bike


Joined: Jun 2008
Posts: 15,946
Likes: 371
From: Philadelphia, PA
Bikes: Two wheeled ones
I should have been more clear - there's no practical recourse available. I suppose I could have gone through an expensive and time consuming effort, but there's not really anything in it for me. In my fantasy world, local judges would just behave like decent people, but I'm not counting on that happening.
Usually what happens is that you have to wait for a lawyer to get pissed off and go on a principals crusade involving actual judges, who then (hopefully) render a decision reigning in the out of control party.
#18
genec
Joined: Sep 2004
Posts: 27,072
Likes: 4,533
From: West Coast
Bikes: custom built, sannino, beachbike, giant trance x2
There is real recourse for it...appeal to a real judge. In our system that means appealing to the commonwealth level of courts. This stuff varies by area...we get a lot of agency law and agency bureaucrats which are the worst of both worlds (public and private). In agency law, you usually have to appeal through the agency (timely and expensive) before a real judge will listen to you. The intent is to make it a pain in the arse so that no one will fight anything, and it works. Agencies like this often get the benefit of being government affiliates/vendors while having no accountability to the public. There is an automatic right of appeal on motions courts and municipal court decisions (like traffic courts), so you do get to see a real judge, but you'll have to pay to do it (and likely need an attorney at that point).
I've never met a stupid actual judge...I have met a lot of stupid "judges" in motions court and the like.
I've never met a stupid actual judge...I have met a lot of stupid "judges" in motions court and the like.
#19
Fat Guy on a Little Bike


Joined: Jun 2008
Posts: 15,946
Likes: 371
From: Philadelphia, PA
Bikes: Two wheeled ones
And a dozen stupid cyclists, and 400 stupid pedestrians. There are a lot of stupid people period.
#20
Senior Member
Joined: Nov 2012
Posts: 234
Likes: 0
From: Rockville, MD
Bikes: 2012 Cervelo R3 Team
Again, regardless of local laws regarding traffic flow, it seems like basic decency to me to not ride in a fashion that impedes others to any significant degree. If (big if)the officer's description of the circumstance, wherein three blocks of traffic were backed up, was correct, then I would surely think that the individual in question would notice this and make an honest effort to mitigate it. Personally, it bothers me to impede others; I think being completely unbothered by delaying others is a form of narcissism.
#21
genec
Joined: Sep 2004
Posts: 27,072
Likes: 4,533
From: West Coast
Bikes: custom built, sannino, beachbike, giant trance x2
This is not a "random number I picked", it's the number mentioned in the story.
Exactly - the portion of the story that I read in the OP stated that there were 3 blocks of traffic backed up. Someone isn't spectacularly narcissistic would observe that and think, "boy, maybe I should accommodate these people, even if I have the legal right not to".
Nope, not a shred of guilt from me, just the same basic decency that I try to exercise whether I'm walking, cycling, or driving. If there's other people around, I process whether my actions are hindering other people or not. If they are, and I can easily alter them, I try to do so.
Exactly - the portion of the story that I read in the OP stated that there were 3 blocks of traffic backed up. Someone isn't spectacularly narcissistic would observe that and think, "boy, maybe I should accommodate these people, even if I have the legal right not to".
Nope, not a shred of guilt from me, just the same basic decency that I try to exercise whether I'm walking, cycling, or driving. If there's other people around, I process whether my actions are hindering other people or not. If they are, and I can easily alter them, I try to do so.
There are conflicts in the account the cop gave verses the video... apparently the dash cam shows something different when viewed completely... it also shows that the cop was really upset about the cyclist (audio).
#22
Fat Guy on a Little Bike


Joined: Jun 2008
Posts: 15,946
Likes: 371
From: Philadelphia, PA
Bikes: Two wheeled ones
Again, regardless of local laws regarding traffic flow, it seems like basic decency to me to not ride in a fashion that impedes others to any significant degree. If (big if)the officer's description of the circumstance, wherein three blocks of traffic were backed up, was correct, then I would surely think that the individual in question would notice this and make an honest effort to mitigate it. Personally, it bothers me to impede others; I think being completely unbothered by delaying others is a form of narcissism.

FYI - I think the same thing.
#23
Senior Member
Joined: Nov 2012
Posts: 234
Likes: 0
From: Rockville, MD
Bikes: 2012 Cervelo R3 Team
The problem with that line in the story is that is what the arresting cop said... the video apparently did not show that... AND there was another lane... did those three blocks of motorists not understand how to change lanes?
There are conflicts in the account the cop gave verses the video... apparently the dash cam shows something different when viewed completely... it also shows that the cop was really upset about the cyclist (audio).
There are conflicts in the account the cop gave verses the video... apparently the dash cam shows something different when viewed completely... it also shows that the cop was really upset about the cyclist (audio).
#24
genec
Joined: Sep 2004
Posts: 27,072
Likes: 4,533
From: West Coast
Bikes: custom built, sannino, beachbike, giant trance x2
Again, regardless of local laws regarding traffic flow, it seems like basic decency to me to not ride in a fashion that impedes others to any significant degree. If (big if)the officer's description of the circumstance, wherein three blocks of traffic were backed up, was correct, then I would surely think that the individual in question would notice this and make an honest effort to mitigate it. Personally, it bothers me to impede others; I think being completely unbothered by delaying others is a form of narcissism.
And frankly when I was touring, and riding about 13MPH, I noticed that drivers seemed to be able to pass me just fine in adjacent lanes... Of course I didn't try "taking the lane" on high speed arterial roads... as most of my touring was done when the national speed limit was 55MPH. Now we have arterial roads with speeds that high (in my area). The national speed limit was repealed in 1988.
#25
genec
Joined: Sep 2004
Posts: 27,072
Likes: 4,533
From: West Coast
Bikes: custom built, sannino, beachbike, giant trance x2




