Joined: 12 Feb 2009Posts: 75Location: West Seattle
Guess what guys, I got a ticket, and not for anything illegal either. It was for "Drive On Road (Bicycle)" Which means I was was riding my bike on the road on Fauntleroy near the Morgan Junction. It was a bunch of bullshit. Soooo... watch you backs and stay on the sidewalk you damn dirty hippies.
Quote:
Heres the statement I wrote: To Whom It May Concern,
On Sunday, July 26th, 2009 at about 10:30 PM I, Max Shalitmontagne was riding my bicycle North on SW Fauntleroy Street approaching California Avenue at the Morgan Junction. As I came around the turn before the intersection I moved further into the lane for several reasons: I wished to increase my visibility, as I was going around a blind corner in the dark; there was serious construction being done on the far right lane, which prohibited me from riding there safely; I was about to move into the left turn lane in order to make a left turn. When I moved out into the lane a motorist behind me began to crowd me (give me less the the legal three feet of space,) and “lay on his horn” in a manner which I interpreted as hostile. I removed my mini u-lock from my pocket and proceeded to signal left with it, as it has a highly visible orange cover on part of it, and in the past I have noticed that aggressive drivers tend to give me more space when I am holding my lock. It was at this point that the aggressive motorist behind me turned on his siren, I realized the motorist was a police officer and pulled off to the side of the road. The officer got out of his car and informed me that I could not be riding my bike in the road like that. I told him that I could, that I was in fact well within my rights to do so, and that it would be unsafe not to have done so. The officer then told me that I could get myself killed for brandishing my bike lock as I did. I explained to him that motorists tend to give me more space when I do that, and that he had been crowding me in an uncomfortable and illegal manner. The officer demanded my ID, which I gave to him. I then asked him what his name and badge number were, to which he replied “go stand next to your bicycle” I repeated my request, but was ignored. When the officer returned form his car (which he had left idling) he issued me a a traffic violation ticket for one-hundred and three dollars, then returned to his car drove off with the parting words “try and ride more safely next time.”
The officer's unit number on the ticket was illegible as was his signature. His serial number was 4901, he was driving car number 176. The ticket claimed that I had violated statute/code SMC 11.44.040, and explained further: “drive on road (bicycle.)” Have since reread the law many times, and still feel that I had not broken it. I am a League Certified Instructor for the League of American Bicyclists, and at the time of the incident I was riding as I and all other LCIs instruct the public to ride. I do not think that we are wrong. Thank you for your time.
Sincerely,
Max Shalitmontagne
SMC 11.44.040
Riding on roadways.
Every person operating a bicycle upon a roadway at a speed slower than
the normal and reasonable flow of motor vehicle traffic thereon shall
ride as near to the right side of the right through lane as is safe,
except as may be appropriate while preparing to make or while making
turning movements, or while overtaking and passing another bicycle or
vehicle proceeding in the same direction. A person operating a bicycle
upon a roadway that carries traffic in one (1) direction only and that
has two (2) or more marked traffic lanes may ride as near to the left
side of the left through lane as is safe. A person operating a bicycle
upon a roadway may utilize the shoulder of the roadway or any
specially designated bicycle lane if such exists. (RCW 46.61770(1))
(Ord. 108200 Section 2(11.44.040), 1979.)
[/quote]
_________________ Drive On Road (Bicycle)
limpyweta
Posted: Sat Aug 08, 2009 8:34 pm
Joined: 23 Sep 2008Posts: 740Location: North Beach
DJ Strangelove wrote:
The officer then told me that I could get myself killed for brandishing my bike lock as I did. I explained to him that motorists tend to give me more space when I do that...The officer demanded my ID
No rhetorical questions intended, so do you now think that did it? Did you actually say that? sorry
Your name is spectacular.
DJ Strangelove
Posted: Sat Aug 08, 2009 8:58 pm
Joined: 12 Feb 2009Posts: 75Location: West Seattle
Quote:
No rhetorical questions intended, so do you now think that did it? Did you actually say that? sorry
Your name is spectacular.
I'm sure that was the catalyst, and had I known it was a cop I probably would not have brandished my lock, and yes I did say that.
Signaling with the u-lock... interesting move. I'm sure you'll get the ticket dismissed though.
_________________ -Kevin
Jace
Posted: Sun Aug 09, 2009 12:30 pm
Joined: 11 Oct 2005Posts: 601Location: Seattle
Hey Max,
Maybe the important lesson here is to always look behind you to see where the cops are. That U-lock can never be used as a weapon. Let the hostility go, like water off your back.
The only ticket that I have had (knock on wood) was at a fire light. All the lights went red to allow the fire truck to leave so I stopped to make sure it was clear then went threw the light. As I went I heard another vehicle run the light too, so I pulled off to the sidewalk and stopped. A motorcycle cop had been sitting right behind me at the light. He got me fair and square. Nice guy, I treated him with respect and used the words Sir and Sorry.
My ticket was for $101. I put on my Sunday's best and went to the Magistrate at 600 5th Ave. I had my hearing first thing in the morning, explained that I was a legal cycle courier, showed lots of respect, and my ticket was nocked down by half.
There was another time that I was pulled over but I talked my way out of the ticket. My friend Taylor had chirped me up on my radio because he was following some guy who was riding a messenger's stolen bike. I was clear at 6th and Pike so I rushed to help him. I was white lining and blowing reds by ducking and weaving. I was in the zone of getting accost the city quick. I had just blown the light at 6th and Lenora in front of an unmarked patrol car. He pulled me over, I handed him my ID. He asked why I was riding crazy style because he had "almost hit me" so I explained the situation. He held onto my ID and we were off to catch the bad guy. The bike was recovered and I didn't get a ticket.
I know some people who have 20+ tickets that they will never pay. I know people who will run because it is possible to get away from the police (except motorcycle cops). Max, I'm glad you stopped and congrats on your first ticket!
Oldmesenger82
Posted: Sun Aug 09, 2009 4:42 pm
Joined: 30 Jun 2006Posts: 204Location: Fremont
Forget the facts, the only sure way to beat a ticket is technicality.
sekai
Posted: Mon Aug 10, 2009 6:50 am
Joined: 25 Jul 2005Posts: 1466Location: on the lake
Stick to your guns on this.
Amanda and I got pulled over but not ticketed for riding our bikes in the street.
I called the officer on his BS and he yelled and drove off.
I got the car # and called the non emergency # and got a call back quickly from someone important.
The officer was going to be "given further training" many apologies were given.
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