FreeWheels

drankinn · Joined: 25 Apr 2005 Posts: 4

This is the place to talk about tickets from Feb.

goo · Joined: 22 Apr 2005 Posts: 29 Location: East Village, NYC.

I believe Dave's talking about the numerous tickets NYPD Officers issued to bicyclists last Friday night.

According to the press there were 20-30 such tickets issued for minor traffic offenses.

I believe that FreeWheels is going to make a concerted to get in touch with folks who got such tickets in order to provide them with some Frequently Asked Questions-type advice about how to pay the fines or fight the charges.
_________________
http://www.oliverandoliverlaw.com
...yeah, yeah. I'll update it when they stop arresting bicyclists.

MT · Joined: 19 Apr 2005 Posts: 16

Yup, FreeWheels is working on ticket info. The major points you should know EVEN IF YOU ARE JUST GOING TO PAY YOUR TICKET are

-- that it SHOULD NOT be points against your drivers liscence, and

--that you SHOULD NOT PAY the 'surcharge' that most violators (car people) have to pay.

If you are paying by mail you should send a note that says those two things, not paying the surcharge if they added it in (if you can read the thing at all)

If you've got a ticket I would appreciate it if you would share the info with me, or send/post questions-

mark.taylor(a)brooklaw.edu

MT · Joined: 19 Apr 2005 Posts: 16

Here is the VTL (Vehicle and Traffic Law) section which says that you don't have to pay the regular surcharge for bike violations. The charge is often checked off on the ticket, or added anyway even when not, and so cyclists should be ready to point to the law which says they don't need to pay it. VTL article 45, section 1809.

Highlights: "Whenever proceedings ... result in a conviction ... other than
... violations by ... bicyclists ... there shall be levied a mandatory
surcharge...."

NYS VTL article 45 section 1809. Mandatory surcharge and crime victim assistance fee required in certain cases. * 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for an offense under this chapter or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, or parking or
violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in accordance with the following schedule....

http://caselaw.lp.findlaw.com/nycodes/c128/a74.html

drankinn · Joined: 25 Apr 2005 Posts: 4

All I would add to Mark's comments is that you have 15 days to get your plea postmarked and mailed. If you were ticked at the February ride, you should have your ticket mailed by March 10th.

The tickets must be mailed to:

Traffic Violations Plea Unit
PO Box 2950-ESP
Albany NY 12220-0950

I believe you can also go to a Traffic Violation Bureau Hearing Office. If you are thinking of doing that, call 718-488-5710 from 8:30 am to 4:00 pm and inquire about how to proceed.

If you plead not guilty within 15 days, you will be given a hearing date. At the hearing, they will be required to present the case against you. You will be able to explain the circumstances that lead to your ticketing.

Post questions here and we'll do our best to answer them.
Dave

FreeWheels Administrator · Site Admin Joined: 18 Apr 2005 Posts: 38

Have we decided whether it makes sense to fight these tickets? Is pleading NOT GUILTY a productive maneuver, or does FreeWheels not take a stance on that?

MT · Joined: 19 Apr 2005 Posts: 16

We are looking at a bunch of different tickets. Some people have Disorderly Conduct tickets, some people got tickets AND had their bikes taken, some got legit traffic tickets, some got bullshit traffic tickets. Lot of factors for lots of folks. I don't think there can be any standard guide to this, just a lot of answering questions and giving out all the information that we can.

bomberpete · Joined: 28 Feb 2006 Posts: 2 Location: New York City

Mine from last Friday is for disobeying a steady red light. I've already sent in a Not Guilty plea and will post my hearing date. I'm hoping the other 22 or so ticketed CM riders get the same date.

MT · Joined: 19 Apr 2005 Posts: 16

Sweet Pete.

We're trying to talk to folks who have done the "fight the bike ticket" thing before to get an idea of what its like and how it goes. Post if you got something.

-MT

Thats the FreeWheels "we", not the royal "we" there.

goo · Joined: 22 Apr 2005 Posts: 29 Location: East Village, NYC.

Any reports back from folks who have pleaded not guilty to February 2006 tickets?
_________________
http://www.oliverandoliverlaw.com
...yeah, yeah. I'll update it when they stop arresting bicyclists.

LP · Joined: 14 Mar 2006 Posts: 1

I also got a ticket for disobeying a steady red light and i plead not guilty. I just got a letter back this weekend - my hearing date is April 24th. Did other people contest these tickets? Any recommendations on where to go from here?

-LP

bomberpete · Joined: 28 Feb 2006 Posts: 2 Location: New York City

My hearing is set for Thursday, August 10, so I'll be reading and memorizing all the great information that's been posted between now and then.