You are hereAlways show up. Always fight.
Always show up. Always fight.
I saw this message on the BicycleAustin mailing list this morning regarding a ticket that a local cyclist got for running a red and how it was dealt with. Figured it was worth passing on:
Was riding from the gym to work one fine November morning down Congress Ave. Got pulled over by a motorcycle cop and another cop in a patrol car. They gave me a ticket for running a red light. I tried explaining how it wasn't dangerous since I stopped at the light, looked for oncoming traffic and pedestrians, then proceeded. Nevertheless, I got a moving violation and a $275 ticket, just like if I was driving a Chevy Silverado at speed.
I sent in my ticket pleading not guilty and waving pre-trial hearing.
I got a court date.
I went to court.
The case was dismissed. Not sure if it was because the officer didn't show up or what. My online case summary says "Dismissed Insufficient Evidence"
Overall, I'd say my in-court experience was very good. The whole procedure took less than 30 minutes. I would recommend anyone who received similar tickets to do the same. I was tempted to just pay the fine and move on with life, but glad that I didn't. Traffic laws shouldn't be black and white/ bikes are cars.
There's been a good deal of reporting on the Austin Police Departments crackdown on cyclists that began a few months back. It's been covered by several local news outlets as well as the Austin Chronicle, so it's safe to say they're serious and this isn't just another one of my crackpot conspiracy theories. The cops are looking for you and they're being extra vigilant, so break the law (even if it's "safe") and be prepared to get a ticket. The good news is that it looks like the police are either unwilling to see their tickets through or are mucking them up, because everyone I've talked to that went to fight their ticket got it dismissed near instantaneously.
You know officers, if you're not going to bother showing up for the court date, why bother writing the ticket? This seems to be kind of like one of those mail-in rebate things, where the cops are counting on the people not taking action so they can make a buck. Hell, I guess jobs are scarce these days, at least those officers are employed doing SOMETHING even if it's just generating paperwork and wasting cyclists time.
The moral of this tale is to ALWAYS fight the power. Show up and chances are your ticket will be dismissed. I've gotten several, shown up for each of them, and have never had one stick. Do it! Plus, it does give you a sense of accomplishment to be the little guy pulling one over on The Man. Ride safe, and always check your six.
I got a ticket from the county and it was an enormous pain in the ass, ending with having to pay the $250 ticket. Missed out on about 4 hours of work total, as well. Oh, and it shows up on my driving record. No one seems to know how to fight the county, but they appear to have a lot more time on their hands to show up for court.
Enjoy.
That's good to know. All my tickets have been from the City of Austin cops, and the one time the cop showed up I'd brought evidence with me that got the case dismissed anyway. That sucks you ended up getting nailed for a ticket even though you showed up to fight it. Did they listen to your argument or was it based on the weight of the cop's uniform?