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So after 15 minutes of presenting evidence, including my video recreating the citation, the judge pro-tem found me guilty and suspended my fine.
At the end of the day, I get my money back but the judge pro-tem found that the purpose of traffic laws were above all to protect the flow of traffic, not lives--and thats what pissed me off the most.
umm, what's the difference between guilty and not guilty when there's no fine and no points?
does that just mean cops will see a guilty conviction on your record if you ever get pulled over again? i'd be interested to know how long that stays there.
you could appeal, but that might be pushing your luck.
Can you post the details of what happened. Start with what you were charged with and then upload your video to youtube and present your case as to what where why you think you should be let off. I'd like to know the details and what the judge was thinking.
@cassidy
It's the principle of the matter. The cop still thinks bikes belong on the sidewalk
@roadblock
I was originally cited for 21202. I sent the officer a copy of the law and he changed it to 22400a, minimum speed law. It reads
No person shall drive ... At such a slow speed as to impede or block ... Traffic ... Unless...in compliance with law.
And I argued that I was in compliance with 21202. It was really when I showed my handlebar cam video showing my commute that the judge raised her eyebrows. I was riding very reasonably. Then I pointed out that the dmv handbook recommends "any time you merge, you need a gap of four seconds" if I didnt have that video, im sure I would have lost.
Officer ward kept defending the flow of traffic, and I countered that the laws are primarily there to protect lives, not lateness.
I have to say I felt well-equipped between the video and the project 21202 handbook, but I wish I had a better understanding of the courts.
I'd really like to put a guide for cyclists fighting bullshit tickets. The courts need to get used to us.
Not to oversimplify the matter, but im pretty sure we would have had an actual decision on the matter had this gone to a sworn judge. There were definitely more factors though.
On the bright side, everyone in the courtroom was very supportive and even the clerks thought the ruling was bullshit. I count each of those as a little win.
Describe what the cop stopped you for in the first place. Tell me the details of how it all went down.... it sounds like you were cited for riding too slow??
Roadblock responding to a comment by tortuga_veloce
05.27.09 - 11:46 am
I was eastbound on palms, right where it becomes national. I passed under the freeway and made eye contact with officer ward. I knew I was fucked at that moment. There was a jam at the intersection, so I was able to get ahead of all traffic. I continued on national in the right lane (right turn only, next to a shopping mall, so right turns were constantly permitted.)
400 ft before the intersection, I change lanes to the through lane.
200 ft before the intersection, the left turn lane for castle heights begins and I changed lanes immediately and pulled up to the red light. Thats when he put the sirens on.
so the cop was citing you for impeding traffic? I still don't have a clear picture of what was going on... but it sounds like he was giving you a ticket for going around the traffic jam? is the cop on the video too? ha that would be good evidence.
Roadblock responding to a comment by tortuga_veloce
05.27.09 - 12:46 pm
that's what I was getting at with my post. the guilty conviction will stay on his record, and in my opinion it could make him more likely to get tickets in the future. If I were in tortuga's position, I would almost rather take my chances on an appeal to be fully not guilty than to have a conviction that could cost more in the long run.
it's important to me because i have multiple tickets myself and i will have to fight hard to try to get them expunged, because it seems like enforcement is only getting more heavy-handed in this city.
also, how did you end up in front of a judge pro-tem instead of a judge and did you have a choice in the matter? I'd be interested in the legal proceedings that led up to this as well as the actual bicycle proceedings (heh)
officer ward claimed the violation was when i switched from the right lane to the through lane, causing eastbound traffic to brake. i changed lanes near the crosswalk
officer ward seemed to think i should make a box turn at the intersection, which i thought was much more dangerous. my argument was that i had the right to choose either.
Fuck an appeal, theres more important things to take a day off work for. What I'd like to do is put together a list of suggestions for other people who get bullshit citations like these. What's the best defense in a trial by declaration, the best defense for trial in person (ie videotape a reenactment, dont get a judge pro-tem.)
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okay
There is talk about him being stripped of his award.