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Just got a ticket for running a red light. $360. Can I fight it?

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Just got a ticket for running a red light. $360. Can I fight it?

Old 08-22-08, 01:40 PM
  #76  
Paul Y.
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Originally Posted by Dorsilfin View Post
Claim the light was faulty, and that you waited for it but your bike would not trip the sensor.
Before I went to court I would go back to that light and run over the sensor and wait to see if it ever does change.
I would think somebody officially would check if that is going to be your plea.
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Old 08-22-08, 01:52 PM
  #77  
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sorry to hear that my friend... maybe ill think twice about running another red light.......NOT
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Old 08-22-08, 02:00 PM
  #78  
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Could it be that in a "free" country, there might need to be a damaged or injured party, swearing out a complaint, before a "Deptartment of Revenue Officer" could "arrest" you in your travel?

Who's been injured, the "People of the State of California"? A BS artificial entity?

Some have it right. It's all revenue. I can't wait till the fines are in the thousands of dollars, then maybe it'll be worth fighting the socialists that put in their stupid "equity law", in place of your freedom protecting "common law".

You do have recourse, but it's a steep learning curve at this point, and you really don't want to know far away your nation has gone away from liberty for it's people. The detractors are right, you better jump when your masters say "jump". Maybe if we give them all our "money", they'll leave us alone.

I know I'm going to catch it from the "lawyers" for this, but pick up a 6th edition Black's Law. Look up "person", "non-assumpsit", "equity", and "article three courts".

You broke a "revenue producing statute", not a Law, so have a clear conscience, and Good Luck.

Yeah, don't like the Obama part, no change there.

Last edited by wernmax; 08-22-08 at 02:19 PM.
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Old 08-22-08, 02:01 PM
  #79  
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Originally Posted by CardiacKid View Post
I know you all are encouraging him to make up the story about malfunctioning light. I am not going to mention anything about turning a traffic ticket into a felony perjury charge and the ethics of lying.
What I want to mention is that the sensitivity of the switches is adjustable. Whenever I find a light that my bike won't trigger, i call or email the city traffic department. They fix it immediately. This is a safety issue that the city should take seriously. Of course I live in Austin, which has never been confused with a normal city. I always found it ironic that several of the people in the traffic department bicycle commute.
you just did, and you make a good point.

whine, whine, cry, cry. It's not fair isn't much of a legal defense.

Originally Posted by bike_curious? View Post
I see your point, but with the rising costs of gas I'm forced to commute by bicycle. I have a problem with our roads and how this country devotes so many resources, land and money to creating roads for cars when all we need is a 3 foot wide bike path with a little rider common sense. I foresee a day when people get out of their cars and on their bikes. Then what will happen with these roads, freeways, traffic lights, gas stations. As cyclists and tax payers we are force to conform to and support a system that favors the automobile manufacturers, gas companies, construction companies and motorcycle cops who have nothing better to do than chase down a guy trying to save a buck and help our environment by riding his bike to work. WE NEED CHANGE NOW!!! WE NEED OBAMA!!! WE NEED TO GET OUT OF IRAQ AND BACK ON OUR BIKES AMERICA!!!
you. are. a. ******bag.
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Old 08-22-08, 02:06 PM
  #80  
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Originally Posted by CharlieWoo View Post
Tell the judge about clipless pedals and that you just got them. Take your shoes with you to show the judge. Tell him/her you thought it safer to (carefully) go through the light with no traffic than to risk trying to get clipped in when (potentially) riding beside cars and fall under their wheels. Act like a total wuss and s/he may just buy it.
In your best Maxwell Smart voice:

The old, "I'm not good enough to be safe riding in traffic, so I ran the red light" defense.

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Old 08-22-08, 02:07 PM
  #81  
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Originally Posted by bike_curious? View Post
WE NEED CHANGE NOW!!! WE NEED OBAMA!!! WE NEED TO GET OUT OF IRAQ AND BACK ON OUR BIKES AMERICA!!!
LMAO, I just saw this part.


...what a tool.
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Old 08-22-08, 02:28 PM
  #82  
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Check the law. In Kentucky, a red light that a bike cannot trip over to green (and can't be manually tripped via a pedestrian demand button), and has not entered a timed change mode (early AM, lights around here stay green along the major traffic axis, change only on "demand" from side streets. My bike won't trip'em) is to be considered as a stop sign, just as if it was a malfunctioning light, at least that's what the police tell me. I've asked as there is one on my 5:00 AM ride that, given the dearth of traffic, will stay red on my side for a long time and has no manual trip button.

If your light was in a timed mode, and you simply chose not to wait it out, I'd say you're pretty well behind the 8 ball. FWIW, the serious car<>cyclist injury producing wrecks around here in the last few years have all involved a cyclist running a stop light during the day. I've dismounted and punched up the "Walk" light whenever an option to do so is available.


Originally Posted by bike_curious? View Post
Man, talk about ruining my day. I was sitting at the red and there were no cars in sight. Like I have many times before, I took off through the light and about a mile down the road a cop pulls me over and writes me a ticket. Come to find out it's going to cost me the same as if I was in a car. I live in California where auto insurance is super expensive. Will this count on my record? Can I fight this ticket. Anyone out there get a ticket like this?
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Old 08-22-08, 03:03 PM
  #83  
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Originally Posted by MSchott View Post
Dude, the OP admitted he acted illegally. I'm not saying a $360.00 fine is just punishment, but he is guilty. Maybe by going to court he can get the ticket dropped or the fine reduced.

Thanks, Mike.
I hear you; but, where did the OP express this? I noted that he indicated that he was at a red light, etc.....I didn't see where he said he did something illegal... I did see the Obama part :-)

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Old 08-22-08, 03:03 PM
  #84  
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Originally Posted by ehidle View Post
First, they cannot assess points against your drivers license for violations involving vehicles without motors. Your drivers license is a "MOTOR VEHICLE" license. Riding your bike has nothing at all to do with it.
Sorry, but you are mistaken. In California, and I think all states. Riding a bicycle is the same as driving a car. It is operating a vehicle and any infractions go against your drivers license as moving violations (points).

You can and will be cited.
Points WILL go against your license.
Your insurance company can raise your premiums.

In California, you can go to traffic school to wipe the ticket off of your license. Here is what happens:
You pay the FULL amount of the citation.
You are admitting guilt.
You will pay an extra fee to the court for going to traffic school.
You then have to pay for the traffic school.
There is also a processing fee.
Your insurance will not go up. (pretty much the only good thing)

All of the vehicle laws are available online at the DMV wesite. You MAY be able to use the fact that a bicycle will not trip the sensor IF you stopped and waited. Some states do have that law. I am not sure if CA does. There may also be some details like if there are no pedestrian buttons etc. If you go to court, you had better understand the law and have a copy of it in your hand. If you fight it, good luck.
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Old 08-22-08, 05:13 PM
  #85  
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Of course you can fight your ticket. Check out this web site: http://www.ticketassassin.com/fight.html

I've used the forms and techniques mentioned here successfully. He wants about $25 to use his stuff. Well worth it. If the officer is very diligent you may lose, but much of the time they are not, and you may win. The point will go on your record if convicted, so ask for traffic school if that happens. Use your rights and the procedures of the court to your advantage.
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Old 08-22-08, 05:52 PM
  #86  
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You may find that most "judges" are actually magistrates. Regardless, many have neglected to have an oath of office on file. Some great fun, there.
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Old 08-22-08, 05:57 PM
  #87  
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Originally Posted by wernmax View Post
You may find that most "judges" are actually magistrates. Regardless, many have neglected to have an oath of office on file. Some great fun, there.
so if I understand you correctly, the next time I get a ticket i should
1) go to court
2) lose on purpose. Maybe I'll use the "it's not fair" argument
3) Call the judge out. Demand to see his/her oath of office. If no oath, tear the ticket up in the aforementioned judge's face.

?


sounds like fun
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Old 08-22-08, 06:00 PM
  #88  
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Originally Posted by Little Darwin View Post
For someone in Pennsylvania, you sure seem pretty confident about California vehicle code.
Okay, smart-ass, why don't you actually do some research before trying to sound smart. Jesus...

California Vehicle Code VEH Section 1803
The following violations are not required to be reported under
subdivision (a):
(6) Violations for which a person was cited as a pedestrian or
while operating a bicycle or a motorized scooter

And here's text from the CA DMV website (http://www.dmv.ca.gov/dl/vioptct.htm):

Violation Point Assessment
Any violation occurring as a pedestrian or a bicyclist has no point assigned.

Can we close this thread now, please?
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Old 08-22-08, 06:07 PM
  #89  
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Originally Posted by ehidle View Post
Okay, smart-ass, why don't you actually do some research before trying to sound smart. Jesus...

California Vehicle Code VEH Section 1803
The following violations are not required to be reported under
subdivision (a):
(6) Violations for which a person was cited as a pedestrian or
while operating a bicycle or a motorized scooter

And here's text from the CA DMV website (http://www.dmv.ca.gov/dl/vioptct.htm):

Violation Point Assessment
Any violation occurring as a pedestrian or a bicyclist has no point assigned.

Can we close this thread now, please?
Ouch... burned by a guy from Pennsylvania. You'd make a good lawyer (honest to goodness, no sarcasm at all).

I second the motion to lock the thread.
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Old 08-22-08, 06:15 PM
  #90  
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Originally Posted by Iamkar33m View Post
Ouch... burned by a guy from Pennsylvania. You'd make a good lawyer (honest to goodness, no sarcasm at all).

I second the motion to lock the thread.
Seriously. You don't have to be from California to know how to read, nor use that new fangled in-tar-web to find the rules. Sheesh...
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Old 08-22-08, 06:18 PM
  #91  
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Deal with it. You broke the law and you got.
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Old 08-22-08, 06:51 PM
  #92  
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Hey, could you tell us where in Orange County you got the ticket?

Newport Beach perhaps?

Regards,
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Old 08-22-08, 06:56 PM
  #93  
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Redondo beach is notorious for ticketing cyclists. (It's in L.A. County though)
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Old 08-22-08, 06:57 PM
  #94  
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Originally Posted by ehidle View Post
Okay, smart-ass, why don't you actually do some research before trying to sound smart. Jesus...

California Vehicle Code VEH Section 1803
The following violations are not required to be reported under
subdivision (a):
(6) Violations for which a person was cited as a pedestrian or
while operating a bicycle or a motorized scooter

And here's text from the CA DMV website (http://www.dmv.ca.gov/dl/vioptct.htm):

Violation Point Assessment
Any violation occurring as a pedestrian or a bicyclist has no point assigned.

Can we close this thread now, please?
That's funny, cause I've asked 3 cops since I got a ticket a few months ago on my bike for the same exact scenario and they ALL told me "yes, it goes on your driving record".

Either San Francisco doesn't give a *****, or all the city cops I talk to are terribly misinformed.

Actually, scratch that, I KNOW they are all misinformed cause every one I ask tells me something different about bike laws in San Francisco. It really is sad that we can be pestered and fined so much for doing something that is way safer than things people do in their cars every day (and don't get pulled over for). Yay Obama? Hah...
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Old 08-22-08, 07:04 PM
  #95  
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So you were in such a rush to blow the light, but shortly thereafter, you managed to find time to chit-chat with the police officer?
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Old 08-22-08, 07:59 PM
  #96  
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Originally Posted by foresthill View Post
stop fulfilling all the accusations that Obama supporters are a bunch of self-centered whiners. It makes the rest of us look stupid.
You probably voted Bush.... Both of them. The republicans have done such a great job of driving this country into recession.
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Old 08-22-08, 07:59 PM
  #97  
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Originally Posted by Paul Y. View Post
Before I went to court I would go back to that light and run over the sensor and wait to see if it ever does change.
I would think somebody officially would check if that is going to be your plea.
I have some sensors that work maybe half the time. You might have to try it multiple times with no other cars around to trip it (pick a low traffic time of day to test), and bring those statistics to court. "3 out of 10 times this sensor does not sense my bike" may get you off. If your bike is carbon, it's less likely to trip it. Good luck.
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Old 08-22-08, 08:02 PM
  #98  
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Originally Posted by Red Rider View Post
I heard something a few weeks ago to the effect that cyclists can go through a red light once they determine that it's safe to do so, since we can't trip the signals. You might have to do a little research and when you take that to court that will play in your favor. Cop needs to stay current on the laws.

Good luck.
+1

Motorcycles as well. Oftentimes my motorcycle would not trip the light.
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Old 08-22-08, 08:08 PM
  #99  
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Originally Posted by ehidle View Post
Okay, smart-ass, why don't you actually do some research before trying to sound smart. Jesus...
I am not trying to sound smart, Ihave no need to try to impress you or anyone else. I was just repeating what I had read here that at least one person had points allocated to their license from a bicycle related ticket when I noticed someone from PA stating something and making it sound as if all states' laws were universal. I apologize to you, or whoever it was, it was not meant as a personal attack, just a warning that states can do things like assign points differently.

I live in PA, and I will be honest, I would have to look up whether a bicycle violation would impact my driving record. I would hope not, but I wouldn't count on it.

I apologize if I offended you with the way I brought up the point.
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Old 08-22-08, 08:13 PM
  #100  
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Originally Posted by foresthill
stop fulfilling all the accusations that Obama supporters are a bunch of self-centered whiners. It makes the rest of us look stupid.

Originally Posted by bike_curious? View Post
You probably voted Bush.... Both of them. The republicans have done such a great job of driving this country into recession.
I think you may have a problem with comprehension skills.
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