Traffic ticket while riding bike??? (Page 3)

i got the speeding ticket a couple of years back cutting thru nc state campus... i told him i was just fat and was trying to get enough speed to get up a hill and he laughed and wrote me a ticket for 34mph in a 25... i had it framed in my office....

I'm not a lawyer, just a Free Stater, and a Libertarian, so this is my take on it for some Friday AM discussion:

In the state of Florida, the police can and will ask for your drivers licence, and if you give it to them, you are doing so out of courtesy, and not out of a requirement to do so. US citizens do not enjoy a constitutional right to refuse to reveal their identity when requested by police. You do not have to give them your drivers licence or any other form of ID, unless you are under arrest. If you are stopped, and asked for your license, and you did nothing wrong, you are free to ask if you can leave. If you are free to leave, you are not under arrest, and you don't have to provide your ID, either via drivers license, or by telling the officer who you are. Police officer has to believe some sort of criminal activity is involved in order to keep you, and then the rules for Terry apply. Even with Terry, you don't necessarily have to produce an ID. Again, you do, per some state laws, have to tell the officer who you if asked though. Fight for your rights people, giving them away is the quickest way to loose your rights.

Here's a great website for some discussion on these issues:
http://www.papersplease.org/wp/

Now, how does this apply to the original poster? You are not in a car, so you are not required to have a license to ride a bike. An officer DOES have reasonable suspicion of criminal activity, in the form of seeing you run the stop sign, so he does have the ability for a Terry Stop, and can ask you to identify yourself - though this can just be you telling the officer your name and address.

Additionally, I found a few internet sources (internet - you know it must be true ) that said you can get fined, but points can not be assessed against your drivers license, as you are not in a motorized vehicle. Your mileage may vary, as I have not been able to find official sources for this one (except for in SanFrancisco)...

Idaho got it right with Title 49-720 (http://www3.state.id.us/cgi-bin/newidst?sctid=490070020.K):

TITLE 49
MOTOR VEHICLES
CHAPTER 7
PEDESTRIANS AND BICYCLES
49-720. STOPPING -- TURN AND STOP SIGNALS. (1) A person operating a
bicycle or human-powered vehicle approaching a stop sign shall slow down and,
if required for safety, stop before entering the intersection. After slowing
to a reasonable speed or stopping, the person shall yield the right-of-way to
any vehicle in the intersection or approaching on another highway so closely
as to constitute an immediate hazard during the time the person is moving
across or within the intersection or junction of highways, except that a
person after slowing to a reasonable speed and yielding the right-of-way if
required, may cautiously make a turn or proceed through the intersection
without stopping.
(2) A person operating a bicycle or human-powered vehicle approaching a
steady red traffic control light shall stop before entering the intersection
and shall yield to all other traffic. Once the person has yielded, he may
proceed through the steady red light with caution. Provided however, that a
person after slowing to a reasonable speed and yielding the right-of-way if
required, may cautiously make a right-hand turn. A left-hand turn onto a
one-way highway may be made on a red light after stopping and yielding to
other traffic.
(3) A person riding a bicycle shall comply with the provisions of section
49-643, Idaho Code.
(4) A signal of intention to turn right or left shall be given during not
less than the last one hundred (100) feet traveled by the bicycle before
turning, provided that a signal by hand and arm need not be given if the hand
is needed in the control or operation of the bicycle.



I guess that's enough ranting this early AM, I need to go find some coffee. I'm not responsible for anything above, as I have not had coffee, and I just don't really give a rats a$$ - was just bored this AM looking for a hornets nest to swat.




Edited by tjtryon 2007-09-14 7:07 AM

Good news/ bad news

Good news in Illinios when a car passes you they have to give you 3 feet.

You also have to do the I will go tot he right hand side as best as I can thing.

instead of saying 3 feets why not have them all go into the passing lane though?

there is a road that reminds cyclists no more than 2 abreast otherwise you will get ticketed.

from what I understand about illinois law that I heard from the illinios biker league is at a stop sign you have to put 1 foot on the ground and no mater if you can track stand for 10 minutes at a stop sign you considered to have ran it if you do not put your foot down.

If I am wrong about the last part let me know.

ya know if we just got rid of cars and everyone rode bikes we wouldn't have this problem......
ALSO
for that matter we could end our dependence on foreign oil and not be the fastest country in the world.....
BUT
might hurt the economy a little...

I don't think it is practical to have everyone ride bikes, but in the long term, I don't think it would hurt the economy at all. I would love to see more bike riding emphasized across the country. I think interstates should be built with a bike lane/emergency vehicle lane in them.

I couldn't disagree with this more. What you are arguing is that people should decide where and when not to follow the law. This is incredibly dangerous. Differently people will behave differently in the same situation. Let me give you an example. Last year, I was writing our employee handbook, and we were discussing the appearance section. Some advocated wording to the effect of "clean looking". Their white, wealthy suburb definition meant one thing - shortly cut hair, no facial hair, no earrings, nose rings, or tongue rings. My experience in the city showed me that people their thought all of those things were fine.

Leave people to their discretion and you will have nothing but problems. Just tell that kid to turn his sub-woofer down in his ricer to a reasonable level, and see what you get.

Edited by D.Z. 2007-09-14 3:19 PM

Question: if you're riding in a group, does that group count as a single entity? If the front person stops but the people in the rear keep rolling are they at fault? Can the group go through all at once or do they stop one at a time letting other cars go first?

We always go through stop signs as a group.

The law is the law but that sounds crazy to me unless the path is used for alot of foot traffic and then 15 mph might be dangerous to others around you.  If it is a "Bike Path" 15mph speed limit or any speed limit is crazy.  What if someone was practicing sprinting on the path and went more than 15mph would they get a ticket?

Edited by kproudfoot 2007-09-14 3:47 PM

double post

Edited by kproudfoot 2007-09-14 3:41 PM

Triple post

Edited by kproudfoot 2007-09-14 3:43 PM

4X

Edited by kproudfoot 2007-09-14 3:44 PM

5X

Edited by kproudfoot 2007-09-14 3:44 PM

6X

Edited by kproudfoot 2007-09-14 3:45 PM

7X

Edited by kproudfoot 2007-09-14 3:45 PM

8X - A new record.

Edited by kproudfoot 2007-09-14 3:46 PM

What the ??? just happened here? My computer just started going crazy.

Padding your post count?

Nope I was typing and looked down and could see submit flashing as I was typing my post.  Trust me I can use a computer.