You are hereGoooooooooooood morning, Austin! Or is it?

Goooooooooooood morning, Austin! Or is it?


By Jason - Posted on 28 October 2008

By Jason - Posted on 28 October 2008

It's 7:48 in the AM and it's INCREDIBLE out! It's 38 degrees right now. Thirty eight! I actually kept my hoodie on the whole commute in this morning, it was so damn cold. Thank you Jeebus, it's about freaking time the temperatures dropped into the realm of reasonable. Of course we're looking at over 80's for Friday and the Halloween Critical Mass ride, so make sure you've got a costume that won't kill you from heat exhaustion. Nudity is always in fashion. Today though the high is 71 so throw on a jacket and GO RIDING! If you aren't on a bike today I truly feel sorry for you. There's still time!

Unfortunately my mind was somewhat troubled on the ride in to work. Just before I left I read the following email, sent to me late last night:

Hey--

Don't know if you remember me, been on a bunch of the cemetery cat rides. Name is Chris. Friends with Mason. Whatever. Anyway, got pulled over at 10 this morning for running a red at 7th and congress. Cop didn't write down a fine, and said he had no idea how much the fine would be. He said I'd have to call the courthouse, he didn't even know if it was considered a real moving violation. What he DID know is that starting right now the cops have been assigned to crack down on all bike related offenses. They are camped all over downtown, day and night, looking for any bike offense they can find due to a large number of complaints recently. This particular cop had no interest, was pretty nice, but definitely not into letting me off with a warning. Just thought I'd let you know so you can get more word out. He said they are definitely out to get cyclists right now.

chris

No you're not paranoid, the Austin Police Department IS out to get you! Yes, if you're on two wheels and lack an engine, SPECIFICALLY YOU. The line that really jumps out at me from the above email is this one:

Cop didn't write down a fine, and said he had no idea how much the fine would be. He said I'd have to call the courthouse, he didn't even know if it was considered a real moving violation.

So the police officers of our fair city are authorized to enforce laws that they don't understand, and in this specific case they claim not to know?!? Where's the breakdown in the system here? Is this a problem with officer education? With overzealous cops making up laws and rules to harass us citizens with? Or is the problem systemic, stemming from the police departments' love of marginalizing citizen groups that are known to be fractious or disorganized, and often less-capable of defending themselves. If the cops said they were going to be cracking down on persons of color, or women, or muslims, or any other legally protected group there'd be an angry mob with torches and pitchforks assembled on 8th Street, screaming "DISCRIMINATION". Instead, when they say they're specifically targeting cyclists, for no other reason than that we choose to ride to where we're going instead of drive, no one bats an eye but us.

I'm officially calling SHENANIGANS on the City of Austin, specifically the Austin Police Department. This is some serious BULLSHIT. I'm just waiting for them to pull over a cyclist who also happens to be a lawyer. Maybe they've also been instructed to look out for the scruffy, rough-around-the-edges cyclists, and are leaving the "legitimate" looking ones alone. I honestly don't know how deep their prejudices go. These are cops we're talking about, and they've never been known for being fair and/or balanced.

There's DEFINITELY an issue with cyclist education. If you're pro-active and reasonably adept with your web-fu there are plenty of sources to educate yourself on Austin/Texas bicycle laws, but the vast majority of people out there seem to know little beyond hearsay and the occasional warning shouted from a car or passing biker to "get a light!" or "stop at the sign!". Ignorance is no defense (unless it's the cops ignorance), and if you're pulled over it looks like they will ticket you if they actually carry enough knowledge about the offense with them to do so. Watch your 6, and if there's a cop, for the love of God, STOP! They've already got enough of our money in their grubby little hands, no reason to hand over any more of it.

Speaking of "money" and "fines", here's a complete schedule of the City of Austin traffic fines for your perusal:

http://www.ci.austin.tx.us/court/fine_sch.htm

Thanks for forwarding that, Adam! I'd like to point out that the threat of a $500 fine from yesterday's posting was nothing but that, a bullying threat from a thug trying to strike fear in the heart of a biker. Only difference between this and one of those assholes threatening us from their SUV is that this bully was wearing a badge. The worst the cop could do over a light is an "Equipment Violation", which is only $155 at the most. What really pisses me off about looking at this is the number of times I've been struck by a driver who was obviously in the act of a "moving violation" at the least, that have gotten away scott free with not even a warning! If the cops can ticket us for doing something that affects NO ONE, why not ticket drivers who are actively affecting us by hitting us with their cars? I guess this just brings me right back around to my charges of discrimination and prejudice amongst the APD, to go alongside my accusation of a lack of education.

Ok, Chief Acevedo, it's high time to send your gang in blue back to school, Rodney Dangerfield style! If they don't know the law how can any of us expect them to effectively enforce it, and if they're just pulling people over for what they "think" is a law or for their own personal reasons, then what's the point in having the "law" at all? This just looks embarrassing from my point of view. Maybe if you spent more money educating your officers and less harassing cyclists, EVERYONE would be better off.

I should probably stop now before I get myself in real trouble, but I'm pissed. THANKS COPS! This morning was so beautiful until you got in the way.

Is it really good that red light running cyclists are getting the same attention as hate criminals, burglars, and rapists?

I kinda' thought those other things would be more important issues to tend to.

~~
The best substitute for good manners is fast reflexes.

Ask your fuckin' police chief.

I e-mailed the police this morning to question thier ability to protect our city and recieved this:

Mr. Kern,

The Austin Police Department takes all violations of the Texas Penal Code and the Texas Transportation Code serious, whether we are talking about Hate Crimes, Burglaries, Sexual Assaults or Transportation Code violations by bicyclists.

I can assure you that we investigate every case as thorough as possible and file charges based on the information from the investigation.

If you are inquiring about a specific case, please let me know which case and I can talk to you about that.

Sergeant Richard Stresing

Austin Police Department

Public Information Office

(512) 974-5017

Cops don't get to pick the fines. Often they don't even know what the fines are, though the tickets they give out do include a fine schedule, at least in Austin.

But they do get to pick the charges, and `failure to stop at a stop sign' is pretty clear, and it's something they're familiar with (as cars do it plenty as well.) As for the light and brake requirements, they're simple enough that even a cop can understand (at night you need a light up front and a light or reflector in the back, a bike must have at least one working brake.) That, and knowing that `bikes don't need insurance or plates' and `cyclists don't have to carry ID' and `bikes have to follow the same rules as cars', and knowing everything they already know about giving tickets to cars -- they know pretty much know everything they need to have a crackdown on cyclists.

Hopefully the cops will be giving out tickets to cars for the same things they're giving them out to cyclists ... then at least it would be fair. I can hope, right?

The last red light ticket I got was from a Travis Co. sheriff. Guy was professional but still gave my the ticket. I ask and he replied not to worry, it does not affect your driving record. Ok. So I go to pay the fine ($250, same as a car) and the clerk at the courthouse tells me that there is only one code they use to enter a red light infraction, it does not differentiate between auto or bicycle or anything else. We go around and around for a while and they finally tell me that when DPS ultimately processes the ticket they will somehow realize that is was a bicycle and it won't affect my driving record. Ok. To make a long story short, it took me several trips to both that courthouse and DPS to figure this out. It was like I was the only person ever to get this ticket. Months go by and I go check my driving record and sure enough I have a moving violation on my driving record. After more frustrating trips to DPS and multiple calls to my auto insurance company I finally got the damn thing off my record, where it should never have been in the first place.
The point is do not expect them to do what they tell you, you must follow up till the end.
Mason

Never plead guilty (or nolo contendere) if you have the time, always fight it! I've fought every ticket I've gotten on a bicycle (2 lights, 1 speeding) and all of the bogus ones I've gotten in a car, and it's always been dismissed. One of the bicycle ones was actually laughed at by the prosecutors. Maybe because of the "crackdown" they're going to really pursue the tickets, but it's never been a big thing for me in the past.

Curses, you're always so damn sensible! You're right that they don't need a lot of education to crack down on cyclists, but if they have a mandate to do so from on-high (as they've communicated to everyone that has messaged me regarding the crackdown) you'd think that they'd have a few facts straight, like if running a red light on a bicycle was a moving violation or not. Also threatening a cyclist with a $500 fine for an equipment violation seems rather offside. The maximum fine is slightly over $150 (and I think a cop should know that), why multiply it by 2.5 as a threat other than to intimidate and terrorize?

I should hope that they're applying the same yardstick to drivers, but when they say "crackdown on cyclists" that just smacks of discrimination and profiling. I've also seen them let drivers get away with near-murder while biking through downtown, so I don't have very high hopes of equal enforcement.

Watch your 6, and if there's a cop, for the love of God, STOP!

Be better to just stop anyway. It's never the cop you see that pulls you over...

I stop for the red lights, but I blow through neighborhood stop signs with wild abandon.

And it looks like I need to get my reflector mounted correctly. I have one, but it's blocked by my milk crate.

Heh, you know how I roll. If anyone takes anything I say as inciting criminal behavior, I'll just leave this right here for ya:


  • Yes, it's ALWAYS better to stop.
  • Look both ways before crossing the street.
  • Never take candy from strangers.
  • Pay your taxes.
  • Wipe front to back.

Does that cover everything?

Strangers have the best candy!

Do not place in butt and strike with hammer.

temperatures dropped into the realm of reasonable.

You keep using that word. I do not think it means what you think it means.

...smugglin' grapes?

It's nice to know that the cheapest thing you can do is take a dump on the sidewalk out in front of the police station. Only $102 if you pay it early!

You could say it's protected free speech.

tempting....

~oneLescar

~ people always talk about my drinking, but never my thirst



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