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I got a traffic citation tonight!!

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Old 12-02.-2004, 02:36 PM   #16
jgerard
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10-1 the cop didn't show. But I'm dying to know. Apparently, as a rule of thumb when receiving traffic tickets (in WA anyway), I hear the best thing to do is to always fight it, because a lot of people get off when the cop doesn't show in court.
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Old 17-03.-2004, 03:14 PM   #17
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Default Re: I got a traffic citation tonight!!

Quote:
Originally posted by dlakey
Hello fellow bikers.

I had a most interesting experience tonight. I was commuting home from work. It is approximately 3.6 miles from work to home. I was about a mile into my commute home at 9:30PM riding in the right half of the right hand land of a 5 lane road. I usually average about 15 mph on my commutes. Speedlimit in this area is 40mph I believe. I have reflectors on both front and back of my bike, I have a cateye headlight on and a blinking tail light. I am wearing a helment. I hear this PA come on behind me saying, "get off the road, that's what sidewalks are for." Well my first reaction is that this must be some kid who has a PA hooked up in their car. Well I look back over my shoulder and notice it is a police car. Well at this point I'm thinking what the hell? I go ahead and pull over to the sidewalk and stop thinking he is going to stop too so I can ask him what the hell. Well he takes off and goes on. Well I have read these boards enough to know that the sidewalk is not the safest place to be. I also know the laws here in arksnas enough to know that I have a right to the road. Well I go ahead and pull back out into the road and try to catch up to the officer to ask him what the hell he is talking about. Well at this point he has gotten so far ahead I can't see him. About a mile farther down the road I see the blue lights behind me. I go ahead and pull over into the parking lot of a restaurant. He get's out of his car and I can tell right away he has a serious attitude. Hell he was just a kid. I wouldn't be suprised if he wasn't young enough to be my son. Well he certainly didn't show me any respect. He get's out of his car and tells me "I warned you once to get out of the road, now I should just throw you in the car and haul you down to jail." I'm like whoa, what is this guys problem. Anyway, I maintain my cool, and in a very sensible way try to explain to him that my understanding was that a bicycle had as much right to the road as any other vehicle. He proceeded to tell me that this was absolutely not the case, and if you were going to be on a bike you had to either be on the sidewalk, or over in the grass if there wasn't a sidewalk. I tried to tell him that my understanding of the law was that you had to have a reflector front and back and a headlight on the front. And ride on the right side of the road. He tells me I am wrong. I ask him if he could provide me with the particular law that backs him up. He tells me he doesn't have to do that and out there on the road he IS the law. I ask him if there is any one to appeal HIS decisions to he says NO. At this point he says he is just going to let me go with a warning. I guess I should have just let it go at that. Well I wanted to know what his name was so I asked him very nicely what his name was. Well this was apparantly the wrong thing to do. He's like "That's IT!" He get's his little cell phone out and calls up the station and starts asking them what he can cite me for. Well after talking to one person and not coming up with anything, she passes him to someone else and they finally come up with "Failure to obey a Police officer." Which just reinforces what I said all along, there was no law which said I couldn't ride in the road

I'm sorry for my monoparagraph there but I am still somewhat upset about this whole thing. I never did smart off to him. I maintained my cool the whole time. The road was 2 lanes each direction with a turning lane in the middle typical of a business district.

So is it true that the cops make up the laws while they are on the road??

Should I fight the ticket?

Thanks in advance for your advice

Dan


I agree fight that bad boy, but first i would check arkansas' law on bicycles on the road. I know here in Tennessee you are allowed to ride on the road but you are not allowed to ride side by side ( this only applies in Belle Meade a small area in nashville TN, and i know because i got a citation but was overturned in court
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Old 13-07.-2004, 02:44 AM   #18
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If you had a mountain bike, I would have just riden off road and nto bothered stopping. But then again, I'm still pretty young and do stupid things. but after a cop cut me off without a signal last week and nearly killed me and tore my spandex, all bets are off. They'll have to catch me..

I know at least in my town, the police are out to get anyone that looks under 30. That cop was just trying to act all big and tough, fighting it is/was the way to go
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Old 31-07.-2004, 10:07 PM   #19
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Wink Re: I got a traffic citation tonight!!

Quote:
Originally Posted by dlakey




“27-49-107. Obedience to police officers required.

No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control, or regulate traffic.”



Now in reality this is also a false charge in and of itself. I did not willfully fail or refuse to comply with his order or direction.

Dan


First the key word is LAWFULL. This wanabe cop did not give you a lawful order. He gave you an UNLAWFUL order. you were under NO obligation to comply. I personally think you should have let him arrest you at that time. Everyone says fight it but that’s not exactly accurate, YOU have NOTHING to fight, it's open and shut. This wanabe has NO legs to stand on. The ticket isn't the real problem here this wanabe's ATTITUDE and IGNORANCE of your rights and the law is.





Quote:
Originally Posted by methusulah
To Dan...





Having said that... I have been a police officer for several years. I attended a two year police academy in addition to obtaining a college degree. I have devoted my life to learning and enforcing the law. Our penal code, not including indexes and the Uniform Traffic Code (which is redundent in our state), is 870 pages long. I am not incompetent, nor am I a rookie, but you might be suprised to learn that I am only human. I do not have every single law memorized. .




First I'd like to know about this TWO-year police academy. Second you're minimizing this wanabe cop's actions and ignorance by saying "ONLY HUMAN" and don't have every law MEMERIZID. You must be kidding. I don't have all the laws, stop signs, and traffic lights etc. memorized either, but I shore the hell am responsible when I violate (or inforce) any of them. Ignorance is no excuse!

Also this wanabe cop had a "lifeline", his radio. He checks with whoever (it should have been his supervisor) about the law at the time. He found no VEHICLE law to cite dlakey vbmenu_register("postmenu_371721", true); with. The wanabe simply wanted to CITE him with ANYTHING. This "COP" is a disgrace and should not be on the job.




I'd say good luck to you dlakey, but you’re not the one that needs it.
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Old 03-09.-2004, 02:15 PM   #20
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Default Re: I got a traffic citation tonight!!

Quote:
Originally Posted by RaleighRider


First the key word is LAWFULL. This wanabe cop did not give you a lawful order. He gave you an UNLAWFUL order. you were under NO obligation to comply. I personally think you should have let him arrest you at that time. Everyone says fight it but that’s not exactly accurate, YOU have NOTHING to fight, it's open and shut. This wanabe has NO legs to stand on. The ticket isn't the real problem here this wanabe's ATTITUDE and IGNORANCE of your rights and the law is.









First I'd like to know about this TWO-year police academy. Second you're minimizing this wanabe cop's actions and ignorance by saying "ONLY HUMAN" and don't have every law MEMERIZID. You must be kidding. I don't have all the laws, stop signs, and traffic lights etc. memorized either, but I shore the hell am responsible when I violate (or inforce) any of them. Ignorance is no excuse!

Also this wanabe cop had a "lifeline", his radio. He checks with whoever (it should have been his supervisor) about the law at the time. He found no VEHICLE law to cite dlakey vbmenu_register("postmenu_371721", true); with. The wanabe simply wanted to CITE him with ANYTHING. This "COP" is a disgrace and should not be on the job.




I'd say good luck to you dlakey, but you’re not the one that needs it.

So what the heck happened it's been almost a year now
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Old 01-10.-2004, 11:30 PM   #21
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Default Re: I got a traffic citation tonight!!

Quote:
Originally Posted by RaleighRider


First the key word is LAWFULL. This wanabe cop did not give you a lawful order. He gave you an UNLAWFUL order. you were under NO obligation to comply. I personally think you should have let him arrest you at that time. Everyone says fight it but that’s not exactly accurate, YOU have NOTHING to fight, it's open and shut. This wanabe has NO legs to stand on. The ticket isn't the real problem here this wanabe's ATTITUDE and IGNORANCE of your rights and the law is.









First I'd like to know about this TWO-year police academy. Second you're minimizing this wanabe cop's actions and ignorance by saying "ONLY HUMAN" and don't have every law MEMERIZID. You must be kidding. I don't have all the laws, stop signs, and traffic lights etc. memorized either, but I shore the hell am responsible when I violate (or inforce) any of them. Ignorance is no excuse!

Also this wanabe cop had a "lifeline", his radio. He checks with whoever (it should have been his supervisor) about the law at the time. He found no VEHICLE law to cite dlakey vbmenu_register("postmenu_371721", true); with. The wanabe simply wanted to CITE him with ANYTHING. This "COP" is a disgrace and should not be on the job.




I'd say good luck to you dlakey, but you’re not the one that needs it.



Raleighrider,

In response, I don't really know what you would like to know about my TWO-YEAR academy. I am from Michigan, and attended an academy that was structured in such a way that it took two years to complete. I also obtained my associates degree at the same time, and from the same institution. The academy that I attended was ranked in the top five in my state and the top twenty in the nation by Police magazine (if I remember correctly). Does this answer your question?
You are absolutely right that you are responsible for all infractions. Ignorance of the law is no excuse for it. I never said otherwise. What I said was that I am only human. I do not have the whole penal code memorized. I still have to look up laws from time to time to ensure that I am enforcing them correctly. I do not think that you would want me to do otherwise. And, above all... I still make mistakes. Sometimes people that are charged with crimes or infractions are innocent. Sometimes those who are guilty are not charged. That is what the court system is for. Those who have been accused are allowed a chance to face their accusers in a civilized arena.
You have taken one part of my statement (out of context), without mentioning the rest of it. If I remember correctly, I also stated that, if the actions of the police officer in question were exactly as posted, then the officer was indeed way out of line. I also stated that nobody hates a bad police officer more than a good police officer. And I asked the gentleman who posted the message not to fall into the common misconception that all police officers are the same. We are not. 99.5% of us keep the vow we took to serve and protect with honor, dignity, and sympathy every single day of our careers. Nobody is perfect, but at least I try to make the world a better place.
I encourage debate and discussion about these issues, but please, Raleigh, in the future, try to take my statements in their entirety, and the way that they were written. Do not leave out parts here and there and then run wild with them.
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Old 02-10.-2004, 01:00 AM   #22
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Default Re: I got a traffic citation tonight!!

yeah! what happened???
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Old 04-10.-2004, 05:13 PM   #23
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Default Re: I got a traffic citation tonight!!

what happened!
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