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-   -   Should I appeal a citation? (https://www.bikeforums.net/commuting/332491-should-i-appeal-citation.html)

ddaversa 08-13-07 03:45 PM

Should I appeal a citation?
 
Bad news! I got a 100 dollar citation for running a stop sign in the city this past weekend. I know I am serving as a bad example for the bike community and all that. But I just wanted to know if anyone has any insight into the success of appealing these ridiculous fines in court. Has anyone been successful in fighting them? Is it worth it to try or should I just fork out the 100 bucks right now?

Thanks for the advice.

ddaversa 08-13-07 03:48 PM

I guess I should mention it is the city of San Francisco. Thanks again.

pirate golf 08-13-07 04:13 PM


Originally Posted by ddaversa (Post 5060352)
Bad news! I got a 100 dollar citation for running a stop sign in the city this past weekend. I know I am serving as a bad example for the bike community and all that. But I just wanted to know if anyone has any insight into the success of appealing these ridiculous fines in court. Has anyone been successful in fighting them? Is it worth it to try or should I just fork out the 100 bucks right now?

Thanks for the advice.

ROFL. :rolleyes:

You broke the law. Pay up.

JeffB502 08-13-07 04:22 PM

Only $100? That's cheap for running a stop sign.

mtnwalker 08-13-07 04:26 PM

If the judge asks you:

"Did you stop at the stop sign?"

and you can answer "Yes" then you can appeal.;)

Otherwise pay the fine.

ItsJustMe 08-13-07 06:08 PM

What grounds? You broke the law, and $100 is VERY cheap for running a stop sign. Around here I think it's more like $250, and I don't think that's too high.

joelpalmer 08-13-07 06:23 PM

My bro ran multiple stop signs while attending Cal and kept getting tickets. The fourth time he didn't get ticketed, he got hit and dislocated his shoulder. (Being in Berkeley, the guy who hit him took him to the hospital.) Moral of the story - look first then run, avoids tickets and oncoming cars.

jbarros 08-13-07 06:24 PM

Now to be the preachy *******.

How much would it have cost if you had been hit instead? in doctors bills and lost work?

ok, I'll shut up now.

-- James

donnamb 08-13-07 06:36 PM

If you didn't actually run the stop sign, appeal away.

slowjoe66 08-13-07 06:40 PM

I probably wouldn't appeal a stop sign running; but I would appeal a stop light. I've stopped at so many of these that won't recognize me as sitting there waiting for the light to change.

cyclezealot 08-13-07 06:40 PM

Bikes are considered vehicles under the CA motor code. did you do it. If so, you are wasting the courts time and putting a dark mark on the cycling community.

AStomper 08-13-07 09:22 PM

Screw that. If you got the time appeal. A fine is actually a tax. If the gov cared about you running stop signs they'd make the fine a months pay, or 3 days in jail. Waste the courts time, make it so they don't get so much money from you. When you just pay all they have to do is pay a cop that can hand out 20 tickets an hour, when you go to court they have to pay magistrate clerks and everything else. At least you can try to get them to lower it or claim ignorance (bikes have to stop too?), at the very least you can post pone the payment a couple of months.

+1 on looking then blowing

Blue Order 08-13-07 09:26 PM

You'd need some legal argument that you are "not guilty" to beat the ticket, and you would have to convince the judge that you are right and the officer is wrong. "The fine is ridiculous" is not the legal argument you're looking for.

Does your city have a diversion program for cyclists? That would be one way to avoid the fine.

C8H10N4O2 08-13-07 09:52 PM

That sucks.
I'll give you the benefit of the doubt and assume that you weren't endangering anyone...:rolleyes:

If your driving record is okay, and you can afford to take the day off from work,
you may be able to talk to the D.A. on the day of your trial (get there early and be sure to sign in
on the sheet in the courtroom, or you might be found guilty in absentia while waiting in line to speak with the D.A.)
and plea bargain to, at least, get the points taken off so that your car insurance rates are not affected.

Oh, yeah, and plan on paying "court costs" and "processing fees", as well. Ugh.
At least that's the way it goes in VA.

Plus, watching the other plea bargaining while waiting your turn is highly entertaining.
You'd be AMAZED at the way the system really works...

songfta 08-13-07 09:55 PM

My $0.02: if you did it, pay the fine.

If you didn't run the sign - came to a complete stop, checked that the intersection was clear, then proceeded - then you have grounds for appeal.

It's pretty simple - and a tiny fine, in the long run.

Next time, stop. It's not that hard, and it's a good chance to mix up your workout while you ride.

songfta 08-13-07 09:57 PM


Originally Posted by AStomper (Post 5062634)
Screw that. If you got the time appeal.

It's a waste of court money and effort. It keeps the courts from actually adjudicating more legitimate cases.

And I've seen "look, then blow" cost more than one friend their ability to ride. It's not worth it.

marcoocram 08-13-07 11:37 PM

$100-(lost wages+your precious effort)=I f'd up!!!
Sorry to presume, but I do it sometimes and many times feel guilty afterwards. (Ain't no one to blame but myself if I get smashed).

syn0n 08-14-07 12:42 AM


Originally Posted by AStomper (Post 5062634)
At least you can try to get them to lower it or claim ignorance (bikes have to stop too?), at the very least you can post pone the payment a couple of months.

+1 on looking then blowing

Ignorance of the law isn't a valid excuse, and it won't be especially if you have a drivers license. Bikes are subject to the same laws as vehicles in most places, but even where they aren't, it's pretty much a universal law that everything has to stop at a stop sign.

To the OP; pay up. Vehicles of any kind blasting through intersections can cause wrecks.

cyclezealot 08-14-07 02:33 AM

Might it have been a California stop and the cop is splitting hairs or did you just fly through it non stop.

zippered 08-14-07 04:42 AM


Originally Posted by cyclezealot (Post 5063765)
Might it have been a California stop and the cop is splitting hairs or did you just fly through it non stop.

by california stop i presume you mean pausing, but not putting the foot down?

i asked a bike cop once about that whole issue and he said it's often up to the opinion of the officer.

Mendel 08-14-07 08:33 AM

If you were in South Florida and had received a moving violation I would tell you to get a lawyer to fight for you in court. You would likely end up around the same spot $-wise but w/o points on your license. In SF,CA? I have no idea. Maybe call an attorney and see if you have a chance. Good luck.

n4zou 08-14-07 08:57 AM

If you don’t mind paying court costs and the fine and you have time… Show up for court and see if the policeman that issued you the ticket shows up. If he/she didn't then the Judge can't convict you and must throw out the case. If the policeman is there you're screwed. It's very common for the policeman not to show up. They're not getting paid to be there and considering most people just mail in the fine as they don’t have time to fight there case the policeman usually get away with not showing up. At this point you can tell the Judge you'll be serving jail time instead of the fine if you can really afford to spend time in jail. Being retired I can do that and get away with it. Jails are notoriously overcrowded and the jail must care for you while you're in it. This can become extremely expensive especially if you have (expensive) health problems like me. Last time I got a ticket and let the Judge know I would be occupying space in the jail instead of paying the fine the Judge threw out the case and talked to me harshly about obeying traffic laws on my bicycle.

aMull 08-14-07 10:06 AM


Originally Posted by songfta (Post 5062878)
Next time, stop. It's not that hard,

It is, and annoying too if you have to do it lots of times. I usually blow past when i have a clear view of the intersection. Otherwise i slow/stop of course.

lil brown bat 08-14-07 10:15 AM


Originally Posted by aMull (Post 5065456)
It is, and annoying too if you have to do it lots of times. I usually blow past when i have a clear view of the intersection. Otherwise i slow/stop of course.

Okay, well...if you do it in front of a cop in San Francisco, expect to get ticketed -- and don't bother to ask if you should appeal. That suit?

aMull 08-14-07 10:23 AM


Originally Posted by lil brown bat (Post 5065522)
Okay, well...if you do it in front of a cop in San Francisco, expect to get ticketed -- and don't bother to ask if you should appeal. That suit?

Sounds good, although not very fair :p But i understand why it needs to be done.


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