Cyclist pulled over for red light, summons issued for riding on sidewalk

[D_L_S]

What is the name of your state (only U.S. law)? NY

I am a cyclist in Brooklyn, NY; I was pulled over by a policeman for running a red light. He wrote me a summons for sec 19-176 sub B though (which is riding on the sidewalk), and under Description wrote: "Reckless Operation of a Bicycle". I have to go to criminal court, not traffic court for this.

My first question is: if I challenge this in court and the judge asks me why the policeman pulled me over if I say that I was not on the sidewalk, will I get into more trouble saying that it was a red light than if I just pay the fine? Is it possible that the policeman was trying to scare me & let me off with a lesser charge?

My second question is: the ticket is for sec 19-176 sub B, but with the description of "Reckless Operation" would it be possible for the judge to apply sub C of sec 19-176, which carries harsher penalties?

And finally, since this is a criminal court summons, does a guilty verdict carry a different consequence than a guilty verdict in traffic court? Would this mean I would now have a criminal record? If so, what are the consequences? I've never been stopped by a policeman before, so I'm pretty bewildered.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[OHRoadwarrior]

The ticket you reference is not under court domain. If you are required to go to court you should request dismissal for lack of jurisdiction.

b. No person shall ride a bicycle upon any sidewalk unless permitted by an official sign. A person who violates this subdivision may be issued a notice of violation and shall be liable for a civil penalty of not more than one hundred dollars which may be recovered in a proceeding before the environmental control board.

 

[D_L_S]

How do you request a dismissal for lack of jurisdiction?

The ticket you reference is not under court domain. If you are required to go to court you should request dismissal for lack of jurisdiction.

b. No person shall ride a bicycle upon any sidewalk unless permitted by an official sign. A person who violates this subdivision may be issued a notice of violation and shall be liable for a civil penalty of not more than one hundred dollars which may be recovered in a proceeding before the environmental control board.

Thank you for your answer. I am not a lawyer, just to make sure I am clear is the issue that I should be appearing before the environmental control board per section B so the criminal court cannot rule in the matter, making the entire proceedings invalid? Would the charge then be dropped or the proceedings be moved to the environmental control board? How do you request dismissal for lack of jurisdiction? Can they refuse?

 

[OHRoadwarrior]

I would web search the section and glean more info that way. Yes, I believe if you present a text copy of the law, you can make a motion for dismissal and the judge will grant it. Does not mean the LEO or prosecutor won't create another charge at that point though, if you were guilty of something else. I don't have enough experience to guide you on this further.

 

[D_L_S]

thank you!

 

[HighwayMan]

You should have been issued an Environmental Control Board Notice of Violation, however depending on the judge in Criminal Court "Road Warrior's" advice might not help you at all.

You may be better off asking for an ACD from the judge if the jurisdictional issue doesn't get you anywhere. It's a minor offense and the Summons Appearance Parts of the Criminal Court are trying to get cases disposed as quickly as possible.

Where do you have to appear? 346 Broadway? If that's the case you'll probably get a public defender whether you want one or not.

 

[D_L_S]

Is 346 Broadway a revenue enhancing court?

I do have to appear at 346 Broadway; on another thread a lawyer said that this is a revenue raising court staffed by retired judges - is there any truth to this?

Thanks for the information HighwayMan, it helps.

 

[HighwayMan]

...this is a revenue raising court staffed by retired judges - is there any truth to this?

Not sure what that's supposed to mean.

The "judges" in SAP are actually "Judicial Hearing Officers" who only have jurisdiction in violation cases. When you appear you'll have to sign a waiver saying that you consent to having your case heard by a JHO and that the decision will be binding, same as with a regular judge.

While I suppose some may be retired I don't really see that being the case.

346 Broadway is a greatly overburdened court. A number of years ago a Midtown Community Court was created for offenses taking place in central Manhattan, but the rest of Manhattan and (some) Brooklyn cases go to 346 Broadway.

They're not so much about getting you to pay as they are trying to get you out the door fast. Last time I was there (which was at least 5 years ago) public defenders handled each case whether the defendant wanted one or not - just because it expedites the process.

When you appear on the date written on the summons that will be for an arraignment. The JHO at that time may offer you a deal and you can take it or leave it. If you plea not guilty you'll have to come back for a trial.

I don't know if you have a license or car, but the red light ticket is a heavy hit and I would consider taking this as sort of a road-side favor or plea bargain.

In any event, you may want to go down there ahead of time and sit in to see how things work and if the system still works the same way with the public defenders you may want to try to briefly speak to one about your case.

No one can decide what to do for you. My past experience says that you won't get far with the jurisdictional issue, although it's certainly worth a try at the arraignment - but you have to be prepared and politely point this out to the judge - and having a copy of the statute would be a good thing. Not all judges know everything about every law. You have nothing to lose. If that doesn't work enter a not guilty plea and see what happens then - the officer may not even appear in court - a not uncommon occurrence.

 

[D_L_S]

346 Broadway

Not sure what that's supposed to mean.

They're not so much about getting you to pay as they are trying to get you out the door fast.

I honestly can't explain what it meant either, it was a direct quote off another site from a lawyer or someone saying he was a lawyer. Your description of 346 Broadway sounds more probable. I'm relieved - I'm sure I'll have a long wait for my case but once they get to me they'll probably just want it finished as quickly as possible, just like me.

Even though I don't drive a car, the red light ticket is much more costly. I agree with you, the policeman probably did do me a favor. If I have to come back another day for a trial it would probably cost me more in wages to take another day off from work to fight the ticket than to simply pay it. Thanks.

 

[HighwayMan]

So be prepared for everything on the return date printed on the summons. Bring up the jurisdictional issue and the fact that the violation is civil and NOT criminal.

If the judge doesn't go for it respectfully ask for an ACD which will result in dismissal in 6 months as long as you don't get another summons.

Don't feel rushed either - if there is a public defender there he/she will step up with you when you get your case called. Take a few minutes to talk to him/her about this whole thing and see what they say.

And yes, be prepared to spend at least the morning there, although they've gotten better recently. And there is a large volume of, well, not exactly fine upstanding citizens appearing - try to dress nice and you'll stand out in a good way.

It would be nice if you posted an update once your case is concluded so we can all learn a little something of how the system works now.

 

[D_L_S]

Will post results

It would be nice if you posted an update once your case is concluded so we can all learn a little something of how the system works now.

Thanks HighwayMan, I'll post again after the hearing. It's a week away now. I've already started rummaging through my closet trying to find appropriate clothes that 1. fit, and 2., I won't die from the heat. My job is very casual so I've got a wide range of jeans & t-shirts, and that won't do. Hopefully it won't be around a hundred degrees again that day.

 

[D_L_S]

Outcome

I went to the hearing dressed as if for an interview, and I was one of only two people there who did so: you weren't joking Highwayman about how I would stand out by doing this. I tried to be as prepared as possible, printing out a brief synopsis of what happened & bullet points of the advice I'd been given to hand to the public defender so I wouldn't waste time stammering due to either nerves or the early hour, as well as printing out the entire text of the law and pictures of the intersection. I arrived nearly an hour early so I'd have time to find the place & get through security and needed all of that time because it wasn't easy to find and the line was extremely long. By the time I got through security & the line for the clerk's windows for courtroom assignment it was just after 9.30. The clerk informed me that my summons was under advisement for dismissal, I did not need to go to court, and I was given a phone number to call on a specific morning to see if it had been adjudicated. The summons was dismissed. You had said that 346 Broadway was an overburdened court but had gotten better lately; prioritizing their cases and weeding some of them out may be one of the ways they have achieved this. Thank you for your help.

 

[OHRoadwarrior]

Congrats!!!

 

[HighwayMan]

Good to hear that you didn't even have to step foot in the courtroom. Seems like someone somewhere probably realized that this was being adjudicated in the wrong place.

Congratulations.

 

[uelpeter]

road warrior hoping for your advice on a similar issue that i just posted

The ticket you reference is not under court domain. If you are required to go to court you should request dismissal for lack of jurisdiction.

b. No person shall ride a bicycle upon any sidewalk unless permitted by an official sign. A person who violates this subdivision may be issued a notice of violation and shall be liable for a civil penalty of not more than one hundred dollars which may be recovered in a proceeding before the environmental control board.

hi just saw this post and it is similar to one that i just posted
ny bicycle traffic ticket...
any help from the respondents on this thread would be much appreicated.
thanks