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Biking in a prohibited area?

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T

Talin

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

Hi, my name is Talin. I am 19, and am living in Davis, California.

Here is my country's website:
"http://www.yolo.courts.ca.gov/FAQ/"

I was wondering about a moving violation: "riding in a prohibited area". I would give the citation number, but I can't seem to find it anywhere online.

The circumstances are as such: I was riding home on my bike and got pulled over for riding on the sidewalk. It was a complete accident, but due to zero-tolerance I was issued a ticket. Bail is apparently set at $195.00 and traffic school is offered.

So my questions are as follows:
1) If I just take option 1, and pay the bail in full, will I get points on my record? This will be my first violation.

2) If I take option 2, and pay both bail + $71.00 court administrative fee + traffic court, what exactly does that do? On the Yolo county website, it says they don't dismiss cases, so I am sort of at a loss as to why this option would be beneficial to me.

3) Is there any way to get the ticket reduced? It was my first offense, and was a complete accident. 200$ for riding on the sidewalk seems a bit steep (I am a student; $200 is a lot of money to me).

AI have no idea what to do, or how to proceed. If anyone has been in a similar situation and can give me some advice, it would be greatly appreciated. Thank you for your time!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 
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C

CSO286

Senior Member
Talin said:
What is the name of your state (only U.S. law)? California

Hi, my name is Talin. I am 19, and am living in Davis, California.

Here is my country's website:
"http://www.yolo.courts.ca.gov/FAQ/"

I was wondering about a moving violation: "riding in a prohibited area". I would give the citation number, but I can't seem to find it anywhere online.

The circumstances are as such: I was riding home on my bike and got pulled over for riding on the sidewalk. It was a complete accident, but due to zero-tolerance I was issued a ticket. Bail is apparently set at $195.00 and traffic school is offered.

So my questions are as follows:
1) If I just take option 1, and pay the bail in full, will I get points on my record? This will be my first violation.

2) If I take option 2, and pay both bail + $71.00 court administrative fee + traffic court, what exactly does that do? On the Yolo county website, it says they don't dismiss cases, so I am sort of at a loss as to why this option would be beneficial to me.

3) Is there any way to get the ticket reduced? It was my first offense, and was a complete accident. 200$ for riding on the sidewalk seems a bit steep (I am a student; $200 is a lot of money to me).

AI have no idea what to do, or how to proceed. If anyone has been in a similar situation and can give me some advice, it would be greatly appreciated. Thank you for your time!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
Click to expand...

You're guilty by your own admission. Pay the fine.

Bikes are not supposed to be ridden on the sidewalk, you are expected to follow the flow of traffic.

How did you "accidentally" ride your bike on the sidewalk?
 
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Zigner

Zigner

Senior Member, Non-Attorney
CSO286 said:
You're guilty by your own admission. Pay the fine.

Bikes are not supposed to be ridden on the street, you are expected to follow the flow of traffic.

How did you "accidentally" ride your bike on the sidewalk?
Click to expand...
If not the street, and if not the sidewalk, then where? :confused:


ETA: Yours is a good question...how does one "accidentally" ride on the sidewalk? I mean, once you get to the sidewalk, hop off and walk!
 
CdwJava

CdwJava

Senior Member
What is the specific code section for which you have been cited?

If it is a municipal code violation, or one of the specific bicycle code sections, then there should be no point on your license. But, without knowing exactly what it is, we can't say for sure.

It might be this one from the Davis Muni Code:

6.02.060 Riding bicycles or skateboards on sidewalks, roadways or playgrounds.
(a) No person shall ride or propel a bicycle or skateboard upon a sidewalk or any improvements constructed or placed on a sidewalk within the central traffic district as defined in Section 16-1 of this Code, except a person may ride a bicycle or skateboard across a sidewalk only as may be necessary to enter or leave property adjacent to that sidewalk.
(b) No person shall ride, use or otherwise operate or propel a skateboard on any public right-of-way, roadway, pavement, parking lot or sidewalk located within the following area: Beginning at a point of the extension of the north curb of 2nd Street to the centerline of the westernmost Southern Pacific railroad track; then southerly along the centerline of the westernmost Southern Pacific railroad track to an extension of the southernmost east/west building line of 130 G Street; then westerly along that building line extension to the south east corner of 130 G Street; then northerly along the east building face of 130 G Street to the point of beginning. (SP and bus depot)
(c) The city traffic engineer, with the approval of the safety advisory commission, is authorized to erect or place signs in any other district on any sidewalk or roadway, prohibiting the riding of bicycles thereon by any person and when such signs are in place no person shall disobey the same. Before such sign is erected or placed, it must be found by the safety advisory commission that the riding of bicycles on such sidewalk or roadway will endanger pedestrian traffic or the public safety, or that a property right or interest belonging to the city may be terminated or forfeited if the riding of bicycles on such sidewalk or roadway is not prohibited.
(d) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian.
(e) No person shall ride or operate a bicycle upon any playground, park or school ground, where children are playing, without the permission of the persons having supervision of the playground, park or school ground.
(f) This section shall not apply to members of the Davis police department while engaged in their official duties. (Code 1964 § 4-3.1722; Ord. 871 § 2; Ord. 1726 § 1; Ord. 1731 § 1)​

If so, it seems you were riding in an area where bikes were prohibited.
 
D

davidmcbeth3

Senior Member
Post a link to a jpg or pdf of the ticket ... they have to state a state statue or ordinance on the ticket ... if not a motion to dismiss for failure to state a claim may be possible.

How can you defend what you don't know. A written description is not enough IMO.
 
S

Silverplum

Senior Member
Why do you always ask people to post links to their tickets? It's not necessary. The statute or code section, listed on the ticket, is entirely enough information.

davidmcbeth3 said:
Post a link to a jpg or pdf of the ticket ... they have to state a state statue or ordinance on the ticket ... if not a motion to dismiss for failure to state a claim may be possible.

How can you defend what you don't know. A written description is not enough IMO.
Click to expand...
 
T

Talin

Junior Member
CSO286 said:
You're guilty by your own admission. Pay the fine.

Bikes are not supposed to be ridden on the sidewalk, you are expected to follow the flow of traffic.

How did you "accidentally" ride your bike on the sidewalk?
Click to expand...


I don't know. It was rush hour in downtown Davis, so I was using the crosswalks to get home. I was afraid of getting hit by a car (kind of new to biking in general). It was sort of stop-and-go from one light to the next. Had I known it was illegal, I would not have done so.

Anyways, if the verdict is that I should pay the ticket in full, I have no problem with obeying the law.

I am still concerned however about my driving record. Will I receive points? And if I don't receive points on my record, why exactly am I given the option of traffic school? Supposing I don't get points, it seems both expensive and unnecessary (in this specific case). Could someone elucidate?


Again, I thank all of you for the advice. It is much appreciated.


EDIT: In addendum, I can post a picture of the courtesy notice if that is helpful. The citation itself is unfortunately in Davis, as I am currently visiting family. Not sure if it would help, as it seems pretty generic.
 
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CdwJava

CdwJava

Senior Member
You shouldn't receive any points on your license.

Again, what code section have you been cited for violating?
 
T

Talin

Junior Member
cdwjava is correct.

Code & section: 6.02.060 RIDING ON SIDEWALK

Thanks for everyone's help. I am just relieved that I don't get a point on my license. :D
 
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