Wednesday

Beating a cycling ticket for rolling through a stop sign in California (and other states)

So you got a ticket while on your bicycle and you've got some questions. What do you do?

Bicycling citations are treated the same as motor vehicle traffic citations and you will be fined the same amount regardless in a car or bicycle. So why are cyclists fined just as heavily? Because there hasn't been a lot of progress in city, state, and traffic law penal code for cyclists. Awareness must build as there are as more cyclists than motorcycle riders and the popularity is ever growing.

When you get your ticket, officers often start of with a fishing question, "Do you know why I pulled you over?" If you honestly don't know why, say so. This is the first step to having positive contact with the officer. However, if you know you broke a traffic code, like cruising through an intersection with a stop sign in California, admit it. Whether you will receive a warning or a citation differs from officer to officer, as well as city to city. Some officers just don't like cyclists how some people don't like cilantro, it's just unfortunate.

You will be asked to provide your driver's license. Since there is no auto vehicle or vehicle registration involved with the DMV, they will file your citation with your driver's license number. If you refuse or don't have your ID, you will still get a citation. They should put on the citation that it is a bicycle citation, so it doesn't get wrung through the DMV and hit you with possible points and insurance rate hike. Sometimes it still goes through to the DMV and you have to go back to the court clerk to take care of it because it slips by them. A violation for rolling through a stop sign is around $200-$400 where I live, just like a car or motorcycle.

Ok, so you're over with the initial bad part... so how do you get your ticket dismissed or the fines reduced?


If you live in cities with the bicycle safety diversion programs you are in luck. If you don't have a diversion program in your area, stay tuned. As you will have to pay a reduced fine by fighting it in court but keep reading if you want see some of the cities on board and tips in court.


South Bay - Southern California Beach Cities (Manhattan Beach, Redondo, Hermosa, Palos Verdes, and Torrance Police)
The pilot program for the South Bay Bicycle Safety Class is a project spearheaded by the South Bay Bicycle Coalition to foster safer bicycling practices in the South Bay.
South Bay Bicycle Coalition is a California registered 501(c)(3) non-profit organization TIN 45-5578685. SBBC, PO Box 3441, Manhattan Beach, CA 90266.

Email address: info@bicyclesafetyclass.org

It will reduce your fine to the $50 fee for bicycle traffic school. You can attend within 90 days of getting the ticket (even before it's in the system which takes up to 30 days). Once your ticket is within the system, present your certification of completion at the court clerk's office. They will give you a walk slip to see the traffic court judge at that time. If you don't want to go to the traffic court clerk's office and wait as a walk-in case, then choose an arraignment online and present the certificate of completion to the judge.
http://www.southbaybicyclecoalition.org/bicyclesafetyclass/







San Francisco - East Bay: UC Berkeley Police only
Bike East Bay, in partnership with the California Bicycle Coalition, helped pass the Bicycle Traffic School bill (AB 902) in 2015. This allows people ticketed for a vehicle code violation while bicycling in California to attend a class and have the fine reduced or removed.
It will reduce your fine to the $50 fee for the bicycle traffic school.

https://bikeeastbay.org/UC101#Day1

Santa Cruz, California
http://www.santacruzhealth.org/HSAHome/HSADivisions/PublicHealth/CommunityHealthEducation/CommunityTrafficSafetyCoalition/Projects/BikeTrafficSchool.aspx


Tempe, Arizona (around ASU Main Campus and in Tempe)
https://www.tempe.gov/city-hall/city-court/bicycle-diversion-class

If you don't see your city on here, do a quick search on Google for your city and the term bicycle traffic school or visit the local law enforcement web site for information. If you still don't find one for the city you got your ticket in, you can try to fight it in court. 

Remember, if you're guilty of a traffic infraction, ask for a fine reduction from the judge, citing a cyclist is not as dangerous as someone behind the wheel of a motor vehicle and if you were actually being safe and observant while making the infraction the judge may grant mercy and reduce your fines. However, if you were being a danger to yourself and others in a crowded traffic intersection, you may not have much of an argument. 

Sometimes the ticketing officer will not show up for the case and the ticket will be dismissed. I witnessed this firsthand when a teenage driver showed up for his second ticket in so many weeks. The ticketing officer did not show up for court and this sometimes happens for various reasons. In addition, the officer's notes may have holes in it, for instance if you were ticketed for stop light and not a stop sign, some lights have a delayed green and the officer needs to have hard evidence you rode through the red and that it wasn't a delayed green light. Use your best judgment and don't try to be a weasel, as weasels don't get sympathy from anyone. I wish you the best.

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