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First time misdemeanor

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SubMerged0

Junior Member
What is the name of your state (only U.S. law)? California

I was stopped this afternoon for riding a bicycle on the sidewalk. The officer wrote a notice of court order and circled 'misdemeanor' instead of infraction but told me that in court for first time offenders of this kind usually an infraction is given. Is this true? Is there anything I should know, or possibly a way to avoid the order to show up in court, without having to pay "bail" or other consequences for such a minor offense? I've never been to court for any sort of violation before, and really have no idea what to expect.
I won't be riding on the sidewalk much anymore, I can say that much. Thank you for any advice.
 


CdwJava

Senior Member
If charged as an infraction, there can be no jury trial.

The reason this was probably indicated as a misdemeanor was that you were probably cited for a municipal code violation and not a violation of the state's Vehicle Code. These usually are misdemeanors, and are usually filed and handled in traffic court as infractions.

As previously asked, what code section were you cited for? And, what city/county did this occur in?
 

CdwJava

Senior Member
Here is the offense:

3.12.540 Bicycle riding or coasting restricted.
(a) It shall be unlawful to ride a bicycle or to coast in any vehicle upon any public sidewalk, except as provided for in Section 3.12.550. It shall be unlawful to ride a bicycle or to coast in any vehicle in any public parking structure.
(b) Notwithstanding subsection (a) of this section, or any other section of this Code, public safety personnel may operate bicycles or roller skates at any place in the City in the performance of their duties. (Prior code § 3350; amended by Ord. No. 1039CCS, adopted 8/24/76; Ord. No. 1756CCS § 1, adopted 7/26/94)​
Per 1.08.010 all offenses are misdemeanors unless otherwise specified. But, as I said, most such matters are dropped to infractions so they can be handled in traffic court.

Do not miss your court date!
 

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