Just returned from a pre-trial hearing, where I was hoping to have this charge dismissed. When that didn't happen, I elected to proceed to a jury trial "in a few months".
Perhaps some lawyer/officer can explain this to me. Somethings disturbing about this whole scenario.
Late in March 2016, on a Sat., around 4:45pm, I head out of my neighborhood to go biking along a very hilly roadway. I have to climb a rather LONG hill 200yrds?, just to get to the roadway. By the time I reach the top, I'm beat and doing circles to rest & cool off.
Up comes a county sherrif deputy, pulls into the far, right hand land, waiting on a red light. He's eyeying me suspiciously. I move into position just off of his RR corner, about 20' back and slide off the seat as I can't reach the ground at all when on the seat.
He's in the right lane, with a curb on the right, no sidewalk. He has no blinker on. This is a grassy median divided 2-lane hwy with traffic lights.
I scan the intersection, wondering why he hasn't moved off. Traffic is rather light for the time on a Sat. The light is still red. I assume he's going to turn right, so the LAST place I want to be is even with him for my own protection.
Yet he doesn't move. Is he talking on the phone? Looking at his laptop? Don't know. There are no cars behind me that I remember, as I'm fixated on him, waiting for him to move on.
By now I'm surprised the red light hasn't greened.
Growing impatient, I begin to move past him on the right side. I'm not able to pedal while next to his vehicle as there isn't enough space between the car and the curb. So I'm off the saddle, left foot on the pedal, right foot on the ground, moving slowly forward. I move past him, rt foot on pedal, move to the saddle and immediately turn right onto the shoulder, well to the right of the white line.
I go about 20'. He immediately turns on his siren, pulls onto the shoulder, lights a flashing, exits his vehicle, comes up to me and is just indignant. YOU DIDN'T SEE THAT RED LIGHT? WHY DIDN'T YOU STOP?
Now in my 55 orbits around our star, I've never been stopped for a bicycle violation, moving or otherwise. Furthermore, my driving record is clean. I think the last warning I received was for a tail light out, more than a decade ago. The last time I was actually issued a tkt?......20yrs ago? 25yrs ago?
My tendency when confronted like this is to freeze, observe and think. "Me thinks he doth protesteth too much". He's not just mad, he's indignant. Why? I said I was stopped behind him, waiting for him to turn right, for several minutes. When he didn't, I moved ahead and immediately turned right to get away from him (or any car). I was already confused by his lack of action and now his attitude.
So I only answered questions he asked. "Drivers license?" No. I do have my Tx DL# memorized but he wanted name & address. After doing the tablet-paper-work, he hands me a ticket. I'm looking at him and it through my very dark sunglasses, in disbelief.
I contact the court as directed via email. Follow up with a phone call to insure they have received my contact. And finally received a pre-trial hearing date, which I attended today at 9am.
I'm told I can plead guilty, pay a fine of ~ $300, for a Class C Misdameanor, have a moving violation appear on my driving record, which will up my "points" (?)
Or ask for a trial, with or without a jury. I stare at the guy a bit, taking this all in, and ask him "for toeing a bike...into an intersection and turning right?????" I didn't note a speed on the ticket. "It doesn't matter...it's a moving violation". On a bike? moving along on my foot"
This is absurd. More disbelief. I ask "Is this violation truly worth the courts, judges and juries time? I was hoping it would be dismissed".
He's still typing on his LT. evidently not....
Given the options, I reply that I would like for a jury of my peers to hear this case and let them decide.I sign my request for trial and I'm out-of-there.
Still amazed!
So I need to prepare for my trial. I was told that the state has the "burden of proof", that I don't have to testify. Well those are legal terms, involving legal proceedures and I'm an engineer, not a lawyer.
So I'm not sure how I should proceed. Ranting & raving isn't going to work. Not my style anyway. I can obtain a large map of the intersection. I can also take some measurements, slope angles, width of the lanes, distance to the curb and several photos showing different vehicles in the right hand land, waiting to turn left. How much space is left between a car & the curb.
I get the feeling my action was interpreted as an open, blatent challenge to his authority and he didn't take it well at all. How dare I do such a thing? Much less expect a "warning".
When I talked later with a neighbor, they replied some deputies were speeding around the neighborhood earlier, but not sure why. There were two deputy vehicles. Perhaps what they had to deal with then set this guy off? I don't know.
His partner vehicle arrived shortly after he already had me stopped. He drove by very slowly, looking over, then sped up and took off, like he had somewhere to be.
The county attorney believes it doesn't make a difference if I moved on at 1 ft/sec or 44 ft/sec (30mph). It's irrelevant. A moving violation is a moving violation is a moving violation. Period. Even in weird, wacky, Austin?? The hip/hop/flip/flop/be-bop/do-whop capitol "of the world!!!"
So what's your experience with the police/sherrif and traffic violations on a bike? My 29 yr old bike isn't even worth $300.
What's the best way to go about defending myself against such a high fine & "running a red light on a bicycle" in front of judge & jury? Convince them that this is WAY too heavy-handed and dismiss the case?
Perhaps some lawyer/officer can explain this to me. Somethings disturbing about this whole scenario.
Late in March 2016, on a Sat., around 4:45pm, I head out of my neighborhood to go biking along a very hilly roadway. I have to climb a rather LONG hill 200yrds?, just to get to the roadway. By the time I reach the top, I'm beat and doing circles to rest & cool off.
Up comes a county sherrif deputy, pulls into the far, right hand land, waiting on a red light. He's eyeying me suspiciously. I move into position just off of his RR corner, about 20' back and slide off the seat as I can't reach the ground at all when on the seat.
He's in the right lane, with a curb on the right, no sidewalk. He has no blinker on. This is a grassy median divided 2-lane hwy with traffic lights.
I scan the intersection, wondering why he hasn't moved off. Traffic is rather light for the time on a Sat. The light is still red. I assume he's going to turn right, so the LAST place I want to be is even with him for my own protection.
Yet he doesn't move. Is he talking on the phone? Looking at his laptop? Don't know. There are no cars behind me that I remember, as I'm fixated on him, waiting for him to move on.
By now I'm surprised the red light hasn't greened.
Growing impatient, I begin to move past him on the right side. I'm not able to pedal while next to his vehicle as there isn't enough space between the car and the curb. So I'm off the saddle, left foot on the pedal, right foot on the ground, moving slowly forward. I move past him, rt foot on pedal, move to the saddle and immediately turn right onto the shoulder, well to the right of the white line.
I go about 20'. He immediately turns on his siren, pulls onto the shoulder, lights a flashing, exits his vehicle, comes up to me and is just indignant. YOU DIDN'T SEE THAT RED LIGHT? WHY DIDN'T YOU STOP?
Now in my 55 orbits around our star, I've never been stopped for a bicycle violation, moving or otherwise. Furthermore, my driving record is clean. I think the last warning I received was for a tail light out, more than a decade ago. The last time I was actually issued a tkt?......20yrs ago? 25yrs ago?
My tendency when confronted like this is to freeze, observe and think. "Me thinks he doth protesteth too much". He's not just mad, he's indignant. Why? I said I was stopped behind him, waiting for him to turn right, for several minutes. When he didn't, I moved ahead and immediately turned right to get away from him (or any car). I was already confused by his lack of action and now his attitude.
So I only answered questions he asked. "Drivers license?" No. I do have my Tx DL# memorized but he wanted name & address. After doing the tablet-paper-work, he hands me a ticket. I'm looking at him and it through my very dark sunglasses, in disbelief.
I contact the court as directed via email. Follow up with a phone call to insure they have received my contact. And finally received a pre-trial hearing date, which I attended today at 9am.
I'm told I can plead guilty, pay a fine of ~ $300, for a Class C Misdameanor, have a moving violation appear on my driving record, which will up my "points" (?)
Or ask for a trial, with or without a jury. I stare at the guy a bit, taking this all in, and ask him "for toeing a bike...into an intersection and turning right?????" I didn't note a speed on the ticket. "It doesn't matter...it's a moving violation". On a bike? moving along on my foot"
This is absurd. More disbelief. I ask "Is this violation truly worth the courts, judges and juries time? I was hoping it would be dismissed".
He's still typing on his LT. evidently not....
Given the options, I reply that I would like for a jury of my peers to hear this case and let them decide.I sign my request for trial and I'm out-of-there.
Still amazed!
So I need to prepare for my trial. I was told that the state has the "burden of proof", that I don't have to testify. Well those are legal terms, involving legal proceedures and I'm an engineer, not a lawyer.
So I'm not sure how I should proceed. Ranting & raving isn't going to work. Not my style anyway. I can obtain a large map of the intersection. I can also take some measurements, slope angles, width of the lanes, distance to the curb and several photos showing different vehicles in the right hand land, waiting to turn left. How much space is left between a car & the curb.
I get the feeling my action was interpreted as an open, blatent challenge to his authority and he didn't take it well at all. How dare I do such a thing? Much less expect a "warning".
When I talked later with a neighbor, they replied some deputies were speeding around the neighborhood earlier, but not sure why. There were two deputy vehicles. Perhaps what they had to deal with then set this guy off? I don't know.
His partner vehicle arrived shortly after he already had me stopped. He drove by very slowly, looking over, then sped up and took off, like he had somewhere to be.
The county attorney believes it doesn't make a difference if I moved on at 1 ft/sec or 44 ft/sec (30mph). It's irrelevant. A moving violation is a moving violation is a moving violation. Period. Even in weird, wacky, Austin?? The hip/hop/flip/flop/be-bop/do-whop capitol "of the world!!!"
So what's your experience with the police/sherrif and traffic violations on a bike? My 29 yr old bike isn't even worth $300.
What's the best way to go about defending myself against such a high fine & "running a red light on a bicycle" in front of judge & jury? Convince them that this is WAY too heavy-handed and dismiss the case?