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Critical Mass Tickets

Mapping the "criminality" of bicycling

Update roll

not right or left

not right or left
Ride:
03-2007 (March, 2007)  
Violation Type:
Other  
Ticket Status:
Not Guilty --> Awaiting hearing  
Actual Ticket Information
Time of Violation
20:21 
Violation Of
412 P 3 
Description
"Not riding right or left with no bike lane available" 
Place of Occurence
E/B on 40th Street, f/o 144 40th St 
Description

I was one of three people ticketed at this point. A group of some 10-15 of us had regrouped while riding uptown (after a series of tickets were issued and the ride was broken up), and were joined by another similarly-sized group which was on 40th heading east. We joined together, and rode a few happy blocks, until the police decided to pull some of us over. PO Kendrick sounded a bit confused as to why he was giving me the ticket (he kept saying "no lights" - which for once was happily not true - then "no lane" which was true, but didn't make any sense). It turned out to be for not being on the left or the right, with no bike lane available, which doesn't seem to make much sense, either. I got the ticket quickly (about 10 minutes max), and we rode down to the corner, where someone else was still being processed. Eventually he also collected a ticket, and we rode off.

 

Failure to keep right when riding in bike lane on left

Failure to keep right when riding in bike lane on left
Ride:
04-2006 (April, 2006)  
Violation Type:
Other  
Ticket Status:
Not Guilty --> Dismissed  
Actual Ticket Information
Time of Violation
8:15pm 
Violation Of
4-12 P(3) 
Description
fail to keep right of left T.R. 
Place of Occurence
in front of 615 8th Ave. 
Description

I noticed a crowd of police officers on a corner on the left side of the street. I passed them without incident. I was on the left side of 8th Ave., riding in the bike lane.

As we approached 40th St., I heard a siren behind us, turned around and saw flashing red lights and saw in front of me another crowd of police officers on the southwest corner of 40th St. They were almost blocking my path, but I didn't want to move right, because of the emergency signals. I assumed that the crowd of police were not there for us. Then I heard behind me an amplified announcement, seemingly from the emergency vehicle, saying twice "Start picking them off." I considered getting off my bike and getting onto the sidewalk, but I didn't think I would be picked since I was in the bike lane and was breaking no laws. I was then stopped by Officer Diaz, who said "I'm just doing my job." I was right before the crosswalk. The light turned yellow soon afterwards. I told him "But I wasn't breaking any laws." He said something like "I know, but I'm under orders." Officer Caroli was giving orders. I beleive he was the one telling Officer Diaz and others what to charge me with. There were two other riders receiving summons on my left. I received a summons saying "fail to keep right of left T.R." I said to Officer Diaz that I was on the left side. He said "they said you were all over the place." He agreed that I was right but told me not to bother fighting the ticket because I won't win. He said something about the commanding officer, and I asked, "Who's that?" He said, you'll see him.

At one point a legal observer with a green hat and legal observer vest tried to talk to me, and officer Diaz said to him "Do you want to move along?" He said, "No, I'm a legal observer." Then, officer Diaz started threatening him with a charge. The legal observer moved to my right, along the wall, but officer Diaz continued to chase him. The other officers tried to stop officer Diaz, and finally, I think it was officer Caroli who stopped him.

In court, officer Diaz said they were originally in a van. He said I was 3 lanes out, after I had testified that I was riding in the bike lane. The judge believed me, so I won.

 

batteries out, trying to escape Manhattan

batteries out, trying to escape Manhattan
Ride:
09-2006 (September, 2006)  
Violation Type:
Missing Front light  
Ticket Status:
Not Guilty --> Dismissed  
Actual Ticket Information
Time of Violation
8:50pm 
Violation Of
375 2A1 
Description
No Front Headlight 
Place of Occurence
S/B 2nd Av. @ 14th St. 
Description

Trying to get to Brooklyn with a handful of riders, who had been detained for alleged equipment violations while walking on the sidewalk, I was pulled over after my front light went dim, due to the batteries being depleted, and was given a ticket.

The next day, with recharged batteries in my headlight, I went to the precinct on the ticket. They said that I had to go to the Task Force at 138 W. 30th St., between 6th and 7th Aves. They said that if it were a car they could resolve it there. According to the form at the Task Force place, which turned out to be the Traffic place, it said that repairs had to be made by sundown Saturday though it sounded like they might take repairs later than then. I sent in the form to have my charge dismissed.

The DMV sent back my forms saying that they were not authorized to dismiss my case by mail. The CCRB wrote me and said they did not have jurisdiction and referred my case to the OCD (Office of the Chief of the Department of the NYPD).

I went to the TVB on Rector St. They sent me to see a judge in room one. The first judge, C. D'Albis, wouldn't dismiss it because he said that the law applying motor vehicle laws to bicycles didn't apply rights, only responsibilities, and I didn't have copy of the law ready so that I could argue otherwise. I went back on another day and saw a different judge who dismissed the ticket promptly, without any need to argue.

 

Fight for your Right to Ride

Fight for your Right to Ride
Ride:
03-2007 (March, 2007)  
Violation Type:
Missing Front light  
Ticket Status:
Undecided  
Actual Ticket Information
Time of Violation
1958 
Violation Of
1236-A 
Description
No headlight 30 minutes after sunset on bicycle.  
Place of Occurence
n/b Park Ave at 29th Street 
Description

Ride: 3-30-07.

 

not riding in bike lane...i mean wrong way on 21st st...i mean wrong way on 22nd st.

not riding in bike lane...i mean wrong way on 21st st...i mean wrong way on 22nd st.
Ride:
08-2006 (August, 2006)  
Violation Type:
Wrong way on a One-Way street  
Ticket Status:
Not Guilty --> Dismissed  
Actual Ticket Information
Time of Violation
8:45pm 
Violation Of
1127A 
Description
riding bicycle wrong way on one way street 
Place of Occurence
W/E E. 22nd St. Second Ave. to 3rd Ave. 
Description

My friend (who hasn't had a hearing yet, so I will keep her anonymous) and I were stopped on 3rd Avenue just past 23rd St. We were on the far right of the Avenue toward the back of a pack of about 100 riders. I can't remember if we were walking our bikes at that point. We may have dismounted, having seen the cops coming in for the kill.

The officer, Jacelon, was primarily engaged with my riding companion, who didn't want to give her ID until she was told why we'd been stopped. Jacelon first said it was because we weren't in the bike lane. We pointed at that on that stretch of 3rd Avenue there is no bike lane. We had been riding where the bike lane would have been had there been one.

He then said we were riding the wrong way on 21st St. between 2nd and 3rd. We pointed out that 21st goes west, the direction we had been riding. He said he meant 22nd St. We were not riding on 22nd St. We were with a pack of 100 cyclists that had ridden noisily past the police precinct on 21st. (I knew the ride would pay for that unplanned moment of exuberance!)

My friend continued to refuse to give up her ID until she got a satisfactory response, as did I, in solidarity. They even called a paddy wagon in for us. The NLG recommended we give our IDs, and the legal observer tried her best to keep things cool. For her trouble, the officer told her to move away. My friend Pete, a videographer, was also asked to move away. He got most of the exchange on tape.

To prepare for the case I went through video provided by Pete and Times-Up that showed the cop changing his story. I also submitted a FOIL request for police video of the ride going by the precinct. My request was rejected.

My hearing was on 11/16/06 in South Brooklyn (one stop from Coney Island!). Officer Jacelon showed up, but was unprepared to make his case, so all I had to say was "Not guilty," and the judge dismissed the case.

UPDATE
My companion's ticket was dismissed on March 22.

 

You can't stop the future

You can't stop the future
Ride:
12-2006 (December, 2006)  
Violation Type:
Running a Red Light  
Ticket Status:
Not Guilty --> Dismissed  
Actual Ticket Information
Time of Violation
7:50 PM 
Violation Of
IIIIdIb 
Description
DiSOBEY STEADY RED BiCYCLE 
Place of Occurence
I/O UNiON SQ WEST/E 15 ST 
Description

The ticket was given to me as I rode in the middle of a crew
of 25 bicyclists or so taking a right turn on 15th street. It could have been given to any one of us making that right turn. We were not blocking traffic or passing through a red light, I believe it was green and may have past to yellow at the end of the line. If anyone has video fotage please contact me. After being pulled over by motor scooters I spent most of my time defending the other cyclist a 16 year old who they were threatening to put in jail over night because she didn't have sufficient ID. There was a journalist there who took our names. I have never been given a ticket on critical mass or at any other point in my 4 and 1/2 years of bicycling in manhattan. If anyone was there to witness and would be able to provide written or live testimony please contact me. My court date is February 5th at 1:00PM

 

My understanding of physics is better than the NYPD's

My understanding of physics is better than the NYPD's
Ride:
12-2006 (December, 2006)  
Violation Type:
Other  
Ticket Status:
Not Guilty --> Dismissed  
Actual Ticket Information
Time of Violation
8:54 pm 
Violation Of
412b3 
Description
Bicycle must ride on left AND right side of street 
Place of Occurence
60 49 St. 
Description

I can't provide proof, but I wouldn't be surprised if I was pulled over because I was at the back of the ride at the time they decided more riders should get tickets. The officer that grabbed me did so at the direction of another. He didn't really seem to know any specifics as to why he had pulled me over until he filled out the ticket, which he got some help on from other officers. I asked him repeatedly why he pulled me over and he refused to answer until he actually handed me the ticket.

 

Albano says can't dismount in street

Albano says can't dismount in street
Ride:
08-2006 (August, 2006)  
Violation Type:
Obstruction of Vehicular traffic  
Ticket Status:
Not Guilty --> Found Guilty  
Actual Ticket Information
Time of Violation
9:05 pm 
Violation Of
461B TRAFF RULES The 6 could be a 0, and the 1 could be a 7 
Description
OBSTR T... ... BIKE ... (mostly illegible) 
Place of Occurence
3rd Ave, below 41st St., right side 
Description

I was all the way to the right, northbound on 3rd Ave., between 40th and 41st St. Traffic was blocked ahead of me at 41st St. by police stopping people, and I saw a lot of people walking away southward on the sidewalk on my right. I was within easy touching distance of an SUV, parked at the curb, and dismounted my bike so I could similarly walk my bike on the sidewalk, which I immediately did. I was at the back of that crowd, and suddenly heard some shoes trotting behind me, and then somebody grabbed my bike. I turned around and saw it was Lt. Albano. I insisted that I had not broken any laws, and Lt. Albano said that was for the judge to decide and that he thought I did break a law. I asked him why I was being stopped, and he said, "I think you know why." It was kind of strange that it seemed like it was all white shirts there and only one blue shirt there.

When he finally gave me the ticket he conveyed that it was going to surprise me. He asked me whether I had a light on my bike. I said that I did, before he wrote the ticket for something else. He signed the ticket himself. He said, "You've got to get off your bike ... [long pause] ... when you're not in the street." The ticket Lt. Albano gave me was a new, white, NY State DMV "Uniform Traffic Ticket" that said that to plead Not Guilty I had to respond within 48 hours, by mailing, "to the court specified on the reverse by Registered or Certified Mail ..., or by First Class Mail ...."

One problem was that there was no address or specific court listed anywhere on ticket. 48 hours from the time of the ticket was Sunday evening. Fortunately, a lawyer told me I could go to the local court clerk on Monday and would be fine. The ticket also said that I am "entitled to receive a supporting deposition further explaining the charges provided you request such supporting deposition within thirty (30) days from the date you are directed to respond to the court noted on the other side of this appearance ticket.
Do you request a supporting deposition? O YES O NO."
I did, but the clerk did not know what to do about that.

UPDATE:
The judge, Robert V. Re, at the downtown Manhattan TVB, was a horrible pig and seemed hostile to CM. He gave Albano an amused look after having me repeat that the people ahead of me were fleeing from the police. Albano testified that I walked against traffic for a few feet and caused other riders to swerve around me. The latter is certainly false, and I'm quite sure that the former is too. I thought lawyers aren't supposed to lie in court. Albano also testified that nobody at CM is given a ticket unless they break a law. It turns out Albano charged me with violating 4-07(b), without saying whether I was charged with part (1) or (2). I wonder where I can complain about the judge convicting me without that specified and without allowing me the opportunity to know my charge before trial, implying that I was not entitled to know before trial any more detail than Improper Operation of Bike which is how the TVB lists most bike charges. More details later, probably.

 

still mad wack, yos

still mad wack, yos
Ride:
12-2006 (December, 2006)  
Violation Type:
Running a Red Light  
Ticket Status:
Not Guilty --> Awaiting hearing  
Actual Ticket Information
Time of Violation
7:50pm 
Violation Of
1111D1 
Description
bicyclist passed steady red signal 
Place of Occurence
E 15th street and Union Square West 
Description

pulled over in the first few seconds of critical mass with one other bicyclist. turned on a green turning to yellow light with the whole crowd. after showing them insufficent id and explaining i was a minor, they threatened to take me to jail for a night. after some resistance and challenging from myself and the other bicyclist, he lessened it to taking me to the precinct. instead he got my information from a family member.

 

mad wack, yos

mad wack, yos
Ride:
09-2006 (September, 2006)  
Violation Type:
Running a Red Light  
Ticket Status:
Not Guilty --> Awaiting hearing  
Actual Ticket Information
Time of Violation
9:15 
Violation Of
1111 db1 
Description
disobey steady red light on bicycle 
Place of Occurence
N/B 8th ave @Ilo wes 44th 
Description

i was ticketed for biking through a red light while leaving critical mass, with three other people on bikes.