Did the officer make a mistake? But you have to weigh that against the fact that the decision in your case may or may not have value as persuasive precedent, and has no value as binding precedent unless and until you appeal your guilty verdict to an appellate court. Place all of your compelling evidence right on the judge's computer screen. This happened inOhio, when a cyclist who was ticketed for impeding traffic while riding uphill successfully established precedent that a cyclist is not impeding traffic when the cyclist is traveling as fast as he (or she) can. You may question the officer, you may introduce evidence, and you may argue why the officer is wrong and you are right. Similarly, if the officer says something that indicates uncertainty in the officers mind about the violation (for example, Well, you must have______[fill in the blank]), you can make a metal note of that uncertainty and question the officer about it at trial. There are a couple of reasons for this. Considering the officer probably has other cases, there's a good chance he's too busy to come to court or just can't make it. If you were caught red-handed and you have no defense, and if your time is more valuable than the fine, then paying the ticket might make sense to you. If Traffic School isnt available in your town, you will either have to pay your fine, or go to court and fight your ticket. Has anyone gotten this type of ticket in the same area (San Mateo) before and fought it off successfully? Instead, your best bet to contact the PCN issuer is to check the penalty charge notice itself. For example, the officer may reply with an answer that indicates where he or she was positioned when you were alleged to have broken the law. Rule 170 (1) Stop in intersection* 5 $352 2 Rule 170 (2) Stop within 20m of intersection (traffic lights)* 5 $352 2 Rule 170 (3) Stop within 10 m of intersection (no traffic lights)* 5 $352 2 Talk to bicycle advocacy groups in cities that already have a bicycle traffic school to get their insights into getting a program started. So should you just pay up if you know youre guilty? Section 171.3 of Nova Scotia's MVA states: "Where a roadway has a bicycle lane for bicycles travelling in the same direction that a cyclist is travelling, the cyclist shall ride in the. If you pay the ticket, its equivalent to a guilty plea and conviction. How to Challenge Private Parking Tickets In Scotland? Very few bike riders can sustain a speed much over 15mph; yet the slowest speed limit on almost every street is 25 mph. I got ticket for operating my motorcycle in a bike lane a month ago. Sometimes, just showing up means you win. It has happened and it sucks. Don't assume that as a "law-abiding citizen" you can't be criminally charged just for being annoying. You have just successfully defended yourself. Not you. Dont rush through your defense, but dont waste valuable time on unimportant details either. Because the officer writes a lot of traffic tickets, and you dont want to be the one who stands out in the officers mind. Why should drivers get a break, and not cyclists? 1. However, you have other options, and there are a couple of reasons you may want to go to trial, which I will discuss below. For example, was the officer in a position to actually see what happened? Like motorists, cyclists get ticketed too. But there is one drawback to asking for a warning instead of a ticketyou risk saying something incriminating about your actions that can be used against you later in court. By: Wicked Kaotic. Obtain as much information as possible at the scene. Many councils have an online portal to pay PCNsand may accept dispute files as well. That's it! So should you just pay the ticket? This article lays out five strategies that many have found useful in fighting traffic tickets they received. CityLab Transportation A New Tool in the Battle to Keep the Bike Lane Clear Installing cameras that automatically ticket drivers who obstruct bike lanes would make riding safer. The judge, who was familiar with both intersections, took one look at the photos and had the motorist arrested on the spot and charged with a criminal offense for submitting false evidence. Step 2: Make a formal appeal. Here are contact details for the Parking Enforcement Processing Unit when you want to pay or file a PCN dispute: Not paying a bus lane PCN will typically result in the charge going into collections. However, your issuing council might only have a phone number and office hours. Then it will be your turn to present your defense. Answer (1 of 20): If you're over the age of about 12, you should not be riding a bicycle on the sidewalk. Bus lanes and bike lanes come and go as you move through different neighbourhoods, zones, and council territories. Again, the best answers here are those that dont incriminate you. Yes, if you have been issued a parking or traffic ticket by a private issuer who is not a council, you can dispute these tickets, too. In a trial by written declaration, you send in a written statement of the facts of the case (telling the court what happened), and your defense (your explanation of why you are not guilty). You can change your plea to guilty with an explanation and ask for a lesser fine on the basis of not having the money, however you may also have to pay some minor court costs. Unlike other jurisdictions, there is no plea bargaining with a prosecutor in a traffic violations bureau. Not every officer out there is honest. Lets ask whywas it because you werent paying attention? Although you might consider that to be a reasonable explanation of what happened, the court will not. * Corrected Feb. 2, 2018, at 1:20 p.m. to indicate that one in six Victorians walk or bike to work. A cyclist who has been ticketed for certain bicycle-related violations can choose to attend the two-hour class, pay a small fee, and have the ticket dismissed. The lesson here is that a reasonable explanation of what happened is not what you consider to be reasonable, but what the court will consider to be reasonable. Disclaimer: To the best of our knowledge this information is accurate as of May 2008. The bottom line is that you want the court to view you as a likeable, credible defendant. And thats where you need to be careful, because your good intentions can easily result in a bad outcome. 6/2/22 16,540 11. Bicycle riders can ride in a bus lane unless otherwise signed. But even if the officer is right on the facts, the officer may be wrong on the law. Additionally, a conviction on your driving record is virtually guaranteed to raise your insurance rates. Your goal is to finish your defense before the court cuts you off. Fourth, mind your manners. But if you are found guilty, you will likely be required to pay a fine that can range from a minimal fee to several hundred dollars or more. If you can demonstrate to the court that the officer is wrong on the law, or even on the facts of the case, you will likely win. Beating a carpool lane ticket isn't easy, but you may be able to get the charge lessened or dismissed by: Contesting it in court. When your trial date arrives, you must be in court, on time, and prepared to go to trial. You might also consider saving yourself the embarrassment of having the officers video recording of your obvious violation of the law played back in court after you just denied breaking the law. If you are starting from scratch, you will probably need the approval of the local court that is responsible for handling traffic cases to develop a bicycle traffic diversion program. The benefit for the court is a lot of cases that would otherwise take more of the courts time are diverted to traffic school. If you cannot conduct your hearing online, by mail, or via the app, you can schedule an in-person hearing or visit a Department of Finance business center between the hours of 8:30 a.m. and 4:30 p.m. For example, No, I dont know why you stopped me.. In Portland, Oregon, a traffic citation diversion class has been available since 2007. Gather all the evidence you will need at trial. Provide us with some details on why you believe the citation issued is a mistake. Now you have a defense you can use at trial. You are on trial, and trial verdicts do not set binding precedent for any other case. But look at it from the courts perspective for a moment. Other jurisdictions allow you to enter your plea with the court clerk when you indicate that you will be contesting the charge against you. Law enforcement officers sometimes make mistakes, just like everybody else. Bus lane camera tickets do not carry points. Free UK Parking Ticket Appeal Letter Template, Dispute a Bedford Penalty Charge Notice in Minutes, How to Fight a ParkMaven Parking Ticket and Win, Challenge Leeds City Council Penalty Charge Notice Without a Lawyer. Traffic school for cyclists is also available for cyclists at some universities, including UC Davis in Davis, CA, and Cal Poly in San Luis Obispo, CA. Get their phone number or contact information. If this is not disclosed to you within a reasonable amount of time before your trial, you can request that the case be thrown out, although more likely it will just be delayed to a future date. Your insurance company can ONLY see the violations that are reported to the Department of Licensing. You might even consider asking the judge to send you to bicycle traffic school, if one exists in your town. This information may be useful to you later in court: If the officer indicates that he (or she) was in a position that did not provide the officer with a clear view, you can question the officer about that at trial, in order to raise some doubt about whether the officer actually saw you do what you are accused of doing. By requesting disclosure, you are requesting information from the Provincial Prosecutor's office relevant to your case (i.e. Reddit and its partners use cookies and similar technologies to provide you with a better experience. This means that your insurance rates wont be affected, your drivers license wont be affected, and your driving record wont be affected. If all you have to say in your defense is I did not do what the officer says I did, guess who the court will believe? Here are the top three reasons to dispute a bus lane penalty charge notice: Disputing a bus lane penalty charge notice is different for each council - or private issuer - so we can't give you a clear set of steps to resolve or dispute every bus lane PCN. If your license information is up to date, feel free to answer the officers question. Each fine amount includes a $15 New York State Criminal Justice surcharge. If you are concerned about the precedent-setting value of your case, the decision in your case has absolutely no value as binding precedent. Nevertheless, by explaining some of the issues involved, cyclists can have some idea of what to do if they do find themselves being ticketed by a law enforcement officer. You can't receive demerit points on your driver's licence for tickets received while on a bicycle. If you want to hire a lawyer, they should do all the legwork for you. Someone could actually make a living just walking around . This circular is meant to provide a general explanation of the legal process, but is not meant to be definitive. For example, if you rolled through a stop sign that was concealed by foliage, you need to present evidence that the stop sign was concealed by foliage; you dont need to waste time arguing about whether you were going 10 MPH or 15 MPH. A cyclist doesnt even present the same danger on the road as a driver, and yet because traffic school is not typically an option available for cyclists, the cyclist may actually face a greater consequence for a traffic violation than a driver ticketed for the exact same offense. Or maybe you broke the law, technically, but theres a good, reasonable explanation for what happened. Make it easy for the judge to dismiss the parking ticket. 1005 Sansome Street, Suite 330 At trial, the officer will testify about what he or she observed, and if your only defense is to contradict the officers testimony, you will lose your case, because the court presumes that the officer has no incentive to lie, and that you do have an incentiveyou want to get out of paying your ticket. Bus lanes provide smooth traffic for public transportation and should not be blocked or abused by individual vehicles. But guess who else can present evidence? You should also make note of everything you can that might be evidence at trial. He is gathering evidence, and anything you say can and will be used against you in a court of law (even if you are only getting a traffic ticket and the officer is not legally obligated to read you your rights). To decide whether you should bother appealing, first weigh up the cost involved. Bus Lane (England) PCN Grounds of Appeal Bus Lane (England) PCN Grounds of Appeal Below are the only grounds (reasons) on which a Traffic Penalty Tribunal Adjudicator can instruct a local authority in England (outside The first thing you need to do is contact the court clerk by the date specified on the ticket. Lets consider a common scenario: The cyclist who sees the stop sign but doesnt see the police officer. The Fight against Anti-Car. The drivers insurance company will stonewall you until the end of time. Sign and date it. The officer is looking for evidence for a reasonif the ticket goes to trial, the officer will be the witness who tells the court everything you did and said. So if you want to be compensated for your injuries (and expenses), fighting one of these unjust tickets is a must.