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Pulled over by the cops!

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Pulled over by the cops!

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Old 09-12-07, 03:30 PM
  #1  
wheel
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Pulled over by the cops!

A cop turns on his lights and pulls me over right in front of my friends apartment complex.
I turn into the complex and the conversation ensues.
http://maps.google.com/maps?q=Tempe,...&t=k&z=19&om=1
He pulls me over for impeding the flow of traffic, see the law below. A road with 5 travel lanes 3 on my traffic pattern. Speed limit is 45 mph lanes are 10 feet.
I tell him to cite me then for the violation. He kept telling me he didn’t want to peel me off the road. And I should ride on the sidewalk (legal) and the right of the road.
To which he never disputes the lane is to narrow in the first place and that I don’t want to share the lane. It suddenly is all about my safety.
GRRRRRRRRRRRRRR.
So then after I say cite me he starts finding things to write a ticket up. My address was incorrect on the DL (legal), so he asks why I didn’t get a new DL and I said because it costs money and I don’t have to. So we were both grinding it out.

The one person who I think would get it would be a bicyclist and a cop. Yet this guy had not a clue. The reason I ride on the tire marks is so people will use the other 1 or 2 lanes to pass me rather than try to squeeze by me.

28-704. Minimum speed limits; requirement to turn off roadway
A. A person shall not drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.

C. If a person is driving a vehicle at a speed less than the normal flow of traffic at the particular time and place on a two-lane highway where passing is unsafe, and if five or more vehicles are formed in a line behind the vehicle, the person shall turn the vehicle off the roadway at the nearest place designated as a turnout by signs erected by the director or a local authority, or wherever sufficient area for a safe turnout exists, in order to permit the vehicles following to proceed.

***************
He couldn't cite me so he didn't he told he would make a not of it.

Last edited by wheel; 09-12-07 at 03:40 PM.
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Old 09-12-07, 03:37 PM
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28-704. Minimum speed limits; requirement to turn off roadway

A. A person shall not drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.

Not applicable...

C. If a person is driving a vehicle at a speed less than the normal flow of traffic at the particular time and place on a two-lane highway where passing is unsafe, and if five or more vehicles are formed in a line behind the vehicle, the person shall turn the vehicle off the roadway at the nearest place designated as a turnout by signs erected by the director or a local authority, or wherever sufficient area for a safe turnout exists, in order to permit the vehicles following to proceed.

Not applicable....

Tell the officer to try again. He just wasted your time and his, and court will be an even greater waste of time and tax dollars, just because he never took the time to read the laws he cited you for.
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Old 09-12-07, 03:40 PM
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wheel
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Yea that is why I said cite me. He never did though.

He sure wanted to.
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Old 09-12-07, 05:24 PM
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what state are you in? Arizona? If so,


28-812. Applicability of traffic laws to bicycle riders

A person riding a bicycle on a roadway or on a shoulder adjoining a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter and chapters 4 and 5 of this title, except special rules in this article and except provisions of this chapter and chapters 4 and 5 of this title that by their nature can have no application.
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Old 09-12-07, 06:11 PM
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That sucks wheel.

On Southern east of Mill? I've ridden this stretch many dozens of times using center of outside lane. I've even been passed by Police cars several times.

Tempe Police are usually much more informed.

I gather the situation was left as if nothing happened? Or what info on you did they take down?

As to the law you may find this interesting:
http://www.azag.gov/opinions/2000/I00-002.html

After 4pm on weekdays this road is gridlock with bumper to bumper traffic for 3mi straight in the eastbound direction. West bound traffic backs up ~1/4mi before every light. I've been stuck in traffic as the lanes are too narrow to filter between.

I can post video of the cyclist view riding down this road if you'd like so other can have a different perspective. I haven't as I don't want to detract from your situation/thread.

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Last edited by noisebeam; 09-12-07 at 06:22 PM.
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Old 09-13-07, 08:32 PM
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Yea I am not sure what the cop was thinking.


I could see if I was being picky on Baseline, but southern is pretty cut and dry a narrow lane.

Yea love to see the video.

Yea I was headed west bound going towards mill.

thanks for the post I will read that latter..


officer Murphy 14045
Peace.
Yea I was a bit surprised by a Tempe cop pulling me over. I will send my eamail to the bicycle cord.
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Old 09-16-07, 07:32 PM
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Good call about contacting the police department and let them know about this. I see you got a badge number, and that's great - but even if you didn't, I think it would still be worthwhile to let them know some of their officers are misinformed about rights of cyclists.
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Old 09-16-07, 07:44 PM
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Originally Posted by wheel View Post
He couldn't cite me so he didn't he told he would make a note of it.
Glad the law and common sense prevailed.
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Old 09-16-07, 08:35 PM
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It should have gone something like this," Im sorry officer, are you going to cite me? or take me to jail? No? Thanks! Have a nice day!" as you slowly ride away leaving him there talking to himself
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Old 09-17-07, 04:31 AM
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This is the reason I have my local traffic legislation stored on my hard drive in full. That said, I doubt the police in this world would even bother issuing the ticket in the first place.
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Old 09-17-07, 07:08 AM
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OK, riding on the sidewalk may be legal in general, but at what speeds? Tell him you're riding your bike at 20mph. Then ask him where you should be - on the sidewalk, which would be an outrageous hazard to everyone, or on a 5-lane road which (presumably?) wasn't so crowded that no one could change lanes to get around you.

Way to know your rights, by the way. If he has nothing to cite you for, he can 'make a note of it' all day if he wants.
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Old 09-17-07, 11:53 AM
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Originally Posted by JeffB502 View Post
A. A person shall not drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.

Not applicable...
Very applicable. There is probably a statement near the definition of a bicycle that says that bicycles are subject to the same laws as vehicles. Or at least that operators of bicycles are subject to the same laws as drivers of motor vehicles.

Likely not applicable here because there are two other lanes for traffic. There's also that Ohio precedent that a bicycle traveling at a reasonable speed for a bicycle cannot be blocking traffic.
Originally Posted by Mr. Underbridge View Post
OK, riding on the sidewalk may be legal in general, but at what speeds?
Probably "safe" speeds, and going too fast may be cause for a ticket. Of course, common sense says to get in the road at that speed, but "I'm going to ride 20mph no matter what" is not a good defense.
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Old 09-17-07, 12:11 PM
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Originally Posted by wheel View Post
Yea love to see the video.

Yea I was headed west bound going towards mill.
Here are two.
The first is east bound from Rural to almost Price (~2mi total). This direction is two lanes (vs. three the other way) and the start of the video at Rural is ~1mi east of where wheel was pulled over. (In other words not the same exact stretch of road, but very close)
http://www.youtube.com/watch?v=a5oz68pMWoM (has been posted before on BF, nothing new)

This one is on the same stretch of road heading eastbound again, starts about 1/2mi before McClintock:
http://www.youtube.com/watch?v=5NnobUTTcHk (also been posted before)

Al
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Old 09-17-07, 02:30 PM
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Originally Posted by CaptainCool View Post
Very applicable. There is probably a statement near the definition of a bicycle that says that bicycles are subject to the same laws as vehicles.
Exactly, as vehicles. Not as motor vehicles. That's why the distinction is there in the first place. If this clause applied to everything that's considered a vehicle in the HTA, then it would just say vehicle.
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Old 09-17-07, 03:01 PM
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Originally Posted by chephy View Post
Exactly, as vehicles. Not as motor vehicles. That's why the distinction is there in the first place. If this clause applied to everything that's considered a vehicle in the HTA, then it would just say vehicle.
Actually if one trys to decode the AZAG's 2000 opinion this matter ( http://www.azag.gov/opinions/2000/I00-002.html) it seems to be saying that if a cyclist choses to ride in the center of a narrow lane they are giving up the unique rules for a cyclist and must then obey the no-impeding law.

I disagree with that interpretation.

However in the case of the road wheel was riding on this is a non-issue as it is multi-lane and therefore impossible to impede the flow of traffic as there is always an adjacent lane to allow passing. (in my opinion)

Al

Last edited by noisebeam; 09-17-07 at 03:07 PM.
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Old 09-17-07, 07:26 PM
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Originally Posted by Chris L View Post
This is the reason I have my local traffic legislation stored on my hard drive in full. That said, I doubt the police in this world would even bother issuing the ticket in the first place.
Ditto.
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Old 09-17-07, 08:14 PM
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Originally Posted by noisebeam View Post
I disagree with that interpretation.
So do I. But even if 28-704 (A) does apply, it says explicitly that riding slowly in the centre of the lane is ok if necessary for safety. And we know it is necessary for safety in the narrow lane.

28-704 (C) applies to all vehicles, but it only applies to two-lane highways, hence is irrelevant to the case in point.
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Old 09-18-07, 04:16 AM
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Good going.

In Arkansas I got ordered to go on the sidewalk by a cop. She threatened to call in reinforcements if I didn't comply. Being new to the state, and not wishing to cause a big scene I did comply. She refused to give me her badge number, but I got the license plate number.

When I got to work, I called the police and found out the applicable law. Bicycles are NOT ALLOWED to be on sidewalks in a business district. Turned out I talked to the right person and he ended up giving the officer a reprimand.
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Old 09-18-07, 05:13 PM
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Originally Posted by Artkansas View Post
Good going.

In Arkansas I got ordered to go on the sidewalk by a cop. She threatened to call in reinforcements if I didn't comply. Being new to the state, and not wishing to cause a big scene I did comply. She refused to give me her badge number, but I got the license plate number.

When I got to work, I called the police and found out the applicable law. Bicycles are NOT ALLOWED to be on sidewalks in a business district. Turned out I talked to the right person and he ended up giving the officer a reprimand.


Um...oops.

(I don't mean to laugh at the officer's misfortune. But they are in authority, you understand...)
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Old 09-18-07, 05:51 PM
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Originally Posted by LittleBigMan View Post


Um...oops.

(I don't mean to laugh at the officer's misfortune. But they are in authority, you understand...)
They aren't in authority. The courts are.
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Old 09-18-07, 07:28 PM
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Originally Posted by mandovoodoo View Post
They aren't in authority. The courts are.
Actually, judges often weight police reports rather heavily in traffic court.

They don't have a lot of time on their hands to debate police reports, their dockets are overflowing with too many cases. Last time I went to traffic court, the line stretched out the door and down the block.
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Old 09-18-07, 09:58 PM
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Originally Posted by Artkansas View Post
Good going.

In Arkansas I got ordered to go on the sidewalk by a cop. She threatened to call in reinforcements if I didn't comply. Being new to the state, and not wishing to cause a big scene I did comply. She refused to give me her badge number, but I got the license plate number.

When I got to work, I called the police and found out the applicable law. Bicycles are NOT ALLOWED to be on sidewalks in a business district. Turned out I talked to the right person and he ended up giving the officer a reprimand.
I have been looking for laws of our state on bicycles. I cannot find anything. I get passed by police a lot on my commute without any remarks other than a wave. Where do you find the laws?
Thanks.
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Old 09-18-07, 10:37 PM
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A quick lookaround on arkansas.gov yielded:

http://170.94.58.9/NXT/gateway.dll?f...m&vid=blr:code
http://www.arkansashighways.com/bike...the%5Froad.htm

and a wonderful example of legislative vagueness:
27-49-111. Use of bicycles or animals.



Every person riding a bicycle or an animal, or driving any animal drawing a vehicle upon a highway, shall have all the rights and all of the duties applicable to the driver of a vehicle, except those provisions of this act which by their nature can have no applicability.

History. Acts 1937, No. 300, 24; Pope's Dig., 6682; Acts 1981, No. 699, 1; A.S.A. 1947, 75-424.
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Old 09-19-07, 12:31 PM
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Wow.. good to know I am not the only one that has been hassled by the cops!!! I have beeen pulled over a fair amount of times for speeding(Once which I completely understand) and then I was talked to by a cop about the dangers of riding on a main road!!
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Old 09-19-07, 02:36 PM
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Originally Posted by funrover View Post
Wow.. good to know I am not the only one that has been hassled by the cops!!! I have beeen pulled over a fair amount of times for speeding(Once which I completely understand) and then I was talked to by a cop about the dangers of riding on a main road!!
One time a cop stopped me and told me to get on the sidewalk and riding on the road was illegal or something. I was 15 at the time, so naturally I completely ignored him. But it wasn't like I was doing anything illegal; I was riding far right on a residential street.

I don't have too much faith in any of them to know the cycling laws, because just last week I saw two bicycle cops riding abreast on the sidewalk in the wrong direction. It's sorta worrying, really.
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