Bicycle injustice

[David82]

What is the name of your state (only U.S. law)? Virginia.
I was detained for failure to yield to a traffic signal (stop sign) while on my bicycle and also for disregarding a signal by a law officer. After being handcuffed I questioned the officers and they promptly threw me into a dumpster for "thinking I was smarter than them" and then had me sit on the ground with my knees bent under. I now have two traffic court summons for the two afformentioned offences. Is there anything I can do to fight this situation?

[JETX]

Originally Posted by David82

Is there anything I can do to fight this situation?

Of course there is.
First, go to court on the date/time required and present your evidence to show that you DID stop at the stop sign and that you did NOT disregard a lawful order from an officer.

Then, after you have done that.... learn to follow the traffic laws and comply with an officers lawful order.

[TinkerBelleLuvr]

he-he-he

I too am a bicyclist. Nothing makes me madder than to have cyclist like the OP who give a bad reputation to all cyclists.

Bicyclists are to follow the rules of the road, just like cars have to.

[David82]

I understand that I was not within the limits of the law and am not trying to dodge the consequences of my actions. What I don't understand, which is something that I feel is a much bigger issue, is how these two offences equal me in handcuffs and then after questioning this being slammed into a dumpster and bullied around by three officers. I weigh 125 pounds and was neither physically or verbally threatening.
Standard opperating procedure? Sure in **** Germany or Soviet Russia.

[Hey There]

David82

The first thing a person cited for a traffic violation does is to read the vehicle code CAREFULLY to see if a violation has indeed occured.

A driver who enters a Not Guilty plea is only asking the prosecution to prove that the violation occured or have the court dismiss the case. The traffic ticket a driver receives should state this as one of the options the driver has.

Was this one of your citations?

46.2-817. Disregarding signal by law-enforcement officer to stop; eluding police; penalties.

A. Any person who, having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal or who attempts to escape or elude such law-enforcement officer, is guilty of a Class 2 misdemeanor. It shall be an affirmative defense to a charge of a violation of this subsection if the defendant shows he reasonably believed he was being pursued by a person other than a law-enforcement officer.

From your thread you indicated that you did stop and didn't attempt to escape on your bicycle from the officer's car. Do I have this right?

B. Any person who, having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal so as to interfere with or endanger the operation of the law-enforcement vehicle or endanger a person is guilty of a Class 6 felony. It shall be an affirmative defense to a charge of a violation of this subsection if the defendant shows he reasonably believed he was being pursued by a person other than a law-enforcement officer.

C. If a law-enforcement officer pursues a person as a result of a violation of subsection B and the law-enforcement officer is killed as a direct and proximate result of the pursuit, the person who violated subsection B is guilty of a Class 4 felony.

D. When any person is convicted of an offense under this section, in addition to the other penalties provided in this section, the driver's license of such person shall be suspended by the court for a period of not less than thirty days nor more than one year. However, in any case where the speed of such person is determined to have exceeded the maximum allowed by twenty miles per hour, his driver's license shall be suspended by the court trying the case for a period of not less than ninety days. In case of conviction and suspension, the court or judge shall order the surrender of the license to the court, which shall dispose of it in accordance with the provisions of § 46.2-398.

E. Violation of this section shall constitute a separate and distinct offense. If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby.

What is the code # on the failure to yield you were cited for?

Information on how to contest a traffic violation can be had in a book published by NOLO authored by a lawyer which may be availble in a local library.

There are lawyers who give a one time consultation for no charge or
a modest fee ($50.00) . A local lawyer should be able to advise you of your options and how to file an effective complaint against the two officers who cited you and if other complaints have been filed against them.
In Virginia if a driver is ruled guilty at the first trial , he can file for a NEW TRIAL with a jury.

Although your citation isn't for speeding the website
Speeding Ticket FAQ has information that pertains to any driver contesting a traffic violation starting with asking for a continuance to gain more time to prepare a proper defence.
Google searches on Virginia DMV &
Contesting A Traffic Ticket --and other Key words should bring up information that will be useful to you.
Speeding Ticket--Fighting or Plea Bargaining explains the pleas avilable to the cited driver, basic rights, and some pointers on how to contest a traffic ticket even though the website is geared towards defending against a speeding violation.

Let us know how this goes,
Best Regards,
Hey There

[The Occultist]

If you feel the officers mistreated you, then you may submit a personnel complaint against the officers with their agency. Keep in mind, however, that this will have no bearing whatsoever on the charges you are facing.

[JETX]

Originally Posted by Hey There

A driver who enters a Not Guilty plea is only asking the court to prove that the violation occured or dismiss the case.

And of course, that is NOT true.

The court is an independent 3rd party, trier of fact. It rules based on the evidence and testimony presented before the court. The court does NOT prove anything.

The traffic ticket a driver receives should state this as one of the options the driver has.

And of course, again NOT TRUE.

Was this one of your citations?

Not relevant.

46.2-817. Disregarding signal by law-enforcement officer to stop; eluding police; penalties.

Where the hell did you get the idea that the 'lawful order' that was disobeyed had anything to do with eluding??

What is the code # on the failure to yield you were cited for?

You are a friggin' idiot. You 'cut-n-paste' (nice talent by the way) a statute THEN ask what was the citation issued for??