Got a ticket (summons)

[Keda_P]

What is the name of your state (only U.S. law)? = NY
Hi,
I was too given a summons for riding a bicycle in a wrong direction in a park.

1. I was on the shoulder of the road (behind the white line) i thought it was ok
2. My keys fell of my pocket and i was going back to retrace my steps.. that's why i went the opposite direction.
I used the shoulder of the road because it is there for emergencies and also there are no signs or direction arrows painted behind the white line that marks the shoulder.
So one common sense would say that everything goes in the same direction, but another common sense would say that if its made for emergencies and is not part of the road maybe i can go both ways if needed.

I saw a post that says that disobeying park signs/rules is a violation.
But everywhere i check it says misdemeanor and if i actually plead guilty they technically have the right to put me in jail for 90 days!

So what would you advice me to do? Plead no contest and tell them the story?
Also, how is the procedure goes?
I enter alone or in a group? Is there a public lawyer for us?
Do i speak to a clerk that offers me something before that?

I have never been in court ever. (Not even a parking ticket!)
And another last question... they have directed me to a community justice center rather than to a criminal court.
Is it better/worse or the same?

 

[HighwayMan]

But everywhere i check it says misdemeanor and if i actually plead guilty they technically have the right to put me in jail for 90 days!

Misdemeanors are generally punishable by up to one year in jail.

However, NO ONE does jail time for these types of offenses. In fact, unless you have a prior criminal record you won't be doing jail time for any misdemeanor in New York City for the most part.

The jail aspect should be of ZERO concern to you.

And another last question... they have directed me to a community justice center rather than to a criminal court.
Is it better/worse or the same?

Better. Is it Midtown or Red Hook? Either way, you can explain yourself to the judge and either the case should get dismissed or you'll get a very minor fine.

 

[Keda_P]

Thanks

Thank you very much for your reply.
I don't have any priors or even parking tickets.
So I am not charged with a misdemeanor then? Right?
In my ticket it says 103 c2 which is a violation.
I just don't understand why I need to face the judge at all... Should be payed by mail... (Could i have refused the ticket and asked the officer to bring park official to issue me a proper one?)
Can you also please elaborate on the differences between justice center and criminal court? Is it same authority?
I tried to Google but found nothing. (I am summoned to RedHook)
Any thoughts on that?
Thanks again.

P.S.
What happens to tourists?
If I am a tourist and i came for few weeks and I get a ticket for about 2 months from now...
Please answer if you know. I have lots of friends that come to visit me here.

Thank you so much for your reply.

 

[HighwayMan]

What happens to tourists?

You tell me. Go sightseeing? What are you asking exactly?

If I am a tourist and i came for few weeks and I get a ticket for about 2 months from now...

And?

Please answer if you know. I have lots of friends that come to visit me here.

Visit you where? What relevance is that to your summons?

 

[Keda_P]

My questions were very clear.
Its OK if you dont want to answer them.
Thank you for your reply.

 

[HighwayMan]

No, you're questions were not clear.

You need to clarify them and your statements. If not then you won't get answers.

 

[Ohiogal]

My questions were very clear.
Its OK if you dont want to answer them.
Thank you for your reply.

Actually they weren't very clear. What happens is YOU SHOW UP TO COURT ON YOUR COURT DATE. If you don't a warrant will be issued for your arrest and you may face even more sanctions. If that is what you meant by what happens to tourists.

And bikes are to follow the flow of traffic as if they are a car. You weren't doing that.

 

[Keda_P]

Actually they weren't very clear. What happens is YOU SHOW UP TO COURT ON YOUR COURT DATE. If you don't a warrant will be issued for your arrest and you may face even more sanctions. If that is what you meant by what happens to tourists.

And bikes are to follow the flow of traffic as if they are a car. You weren't doing that.

Tourist should delay his flying ticket because he got an unlawful summons to court?
103 c2 is a violation, not a crime. Should be payed my mail.
You and everyone else understood what i was asking.

Now if they want to treat people on bicycles as if they were driving cars they should make a law for bicyclists to have drivers license.
Otherwise you cant expect all the bicyclists to know the traffic law.
Me, for example : I know for a fact that the shoulder of the road is made for emergencies. I had an emergency and used it.

If a park official would have issued me a ticked I'd pay a violation fee by mail. Since its a cop i was technically charged with a misdemeanor.
The charge should depend on what I did, not on who gave me the ticket.

Thank you guys for your time and replies.
I just don't know why you are so hostile... If you are here to help, please try to be more patient. I'm obviously new to this.

 

[Ohiogal]

Tourist should delay his flying ticket because he got an unlawful summons to court?
103 c2 is a violation, not a crime. Should be payed my mail.
You and everyone else understood what i was asking.

Now if they want to treat people on bicycles as if they were driving cars they should make a law for bicyclists to have drivers license.
Otherwise you cant expect all the bicyclists to know the traffic law.
Me, for example : I know for a fact that the shoulder of the road is made for emergencies. I had an emergency and used it.

If a park official would have issued me a ticked I'd pay a violation fee by mail. Since its a cop i was technically charged with a misdemeanor.
The charge should depend on what I did, not on who gave me the ticket.

Thank you guys for your time and replies.
I just don't know why you are so hostile... If you are here to help, please try to be more patient. I'm obviously new to this.

You obviously are not responsible enough to ride a bike. The laws require you to follow them when you are on/in a vehicle (car, horse, bike, lawnmower, bar stool).

 

[HighwayMan]

Tourist should delay his flying ticket because he got an unlawful summons to court?

Do whatever you want, however you have a mandatory court appearance on a particular date. Failure to appear will result in a warrant of arrest being issued. It doesn't matter who you are or where you live - that is not taken into account when the summons is issued, otherwise it might be considered discrimination.

Me, for example : I know for a fact that the shoulder of the road is made for emergencies. I had an emergency and used it.

A fact, huh? The shoulder is never meant to be driven on like a lane of traffic, except by emergency vehicles engaged in emergency operation. Besides, your situation would hardly be considered an "emergency" by a court.

The charge should depend on what I did, not on who gave me the ticket.

It doesn't matter who issued the summons.


Now here's a thought. Since you ignored my previous question about WHICH court this is I don't know how the personnel are and who you'd be dealing with, but why don't you try going there in person today and speaking to a clerk about the issue. They might be able to get your case on the calendar early and get it adjudicated before you have to leave the country.

 

[Keda_P]

HI,
The fact I presented was a fact. Because shoulder is made for emergencies. I just did not know what is considered to be one and how do I implement it.
So yes, I made a mistake.

I did not ignore your question, if you read my posts up you would see I said "Redhook Community Center".

Now if the offence is not dependent on who gave me the ticket I should be charged with a violation, not misdemeanor?

Im not a tourist, I will be there on the date.
I was just wondering because I had few people visit me here and I thought what will be their choices if something like this had happened to them.

Thank you for your replies.

 

[Zigner]

HI,
The fact I presented was a fact. Because shoulder is made for emergencies. I just did not know what is considered to be one and how do I implement it.

Would you have called 911 because you lost your keys? Of course not...because it's not an emergency. So please don't try that "I did not know what is considered to be one..." stuff

 

[HighwayMan]

...did not ignore your question, if you read my posts up you would see I said "Redhook Community Center".

My mistake. I now see your answer.

Now if the offence is not dependent on who gave me the ticket I should be charged with a violation, not misdemeanor?

The charge is what it is. It's either one or the other. I have no time now to look it up. It does NOT depend upon who issued the summons.

Im not a tourist, I will be there on the date.

So then stop making such a big issue our of nothing.

 

[Keda_P]

Would you have called 911 because you lost your keys? Of course not...because it's not an emergency. So please don't try that "I did not know what is considered to be one..." stuff

I wouldn't call 911 if my car broke either. But I still can use the shoulder if it happens.
Loosing my keys may be not a major emergency but this was the reason why I went back.
I cant imagine anyone go around the park and come back for the keys. What if they fell 20 feet back?

 

[Keda_P]

So then stop making such a big issue our of nothing.

I am not making big issue of nothing.
I got summons to court when I should have payed by mail.
I am facing a possible criminal record and a waste of a whole day and a fine just because I was looking for my damn keys.
Cops made a deal out of it, not me.
I'm trying to avoid trouble. If I had known that it would end like this I wouldn't bother even looking for them.
I have never been in court in my life this is why I came to this forum to look for help.