What to do if you are pulled over for riding “two abreast” in the lane
An attorney friend of mine with a lot more experience in criminal defense than I have (or probably ever will) has told me that he does not agree with my assessment that our recent appellate wins on the “riding as close as practicable to the right-hand side of the roadway” issue will diminish the number of tickets given for this offense. He says the authorities will just as likely keep issuing these citations.
And several of my readers have asked me what to do should they be stopped for this offense.
So here is my answer.
First: by courteous to the officer. You need him not to hate you.
Second: if you were riding in a pace line, explain that to him, and explain that the rider was being passed by other cyclists. He won’t let you off for this, but it helps later on to be able to say you explained this to him.
Third: Make some kind of a marker on the road where you were stopped — pile some rocks or something so you can find the spot later. You will need to come back to the exact place and measure the width from the shoulder line to the center line or dashed line that marks the edge of the lane.
Fourth: Make sure the officer is aware of the kind of traffic on the road. If a truck goes by, ask him to note it.
Fifth: Get the make and model of his patrol car. It’s probably a late-model Crown Victoria, but be sure to ask him what it is so you can find its dimensions later on-line. This is the only car you will be able to prove was on the road with you, so you need to know what it is.
Finally, explain to the officer that this issue has been appealed twice in Pima County and the cyclists have won both times. Tell him that you will get him those appeal decisions and accept a ticket by mail if, after looking them over, he still thinks you violated the law.
Then if he gives you a ticket anyway, call me.
–Erik Ryberg
January 20th, 2010 at 12:59 pm
No, don’t pile rocks in the roadway…doing so will only upset dysfunctional him/her and you are screwed even more.
Why not bring a piece of chalk, a fabric tape measure, and a decent digital camera? That way the officer can work with you on the whole CSI thing, like television…
January 20th, 2010 at 3:26 pm
I think your friend’s theory about the number of tickets not decreasing is right. And I think you are right about being courteous to the officer. I had a conversation with a TPD bike patrol officer a while back at Reid Park and he pulled out his little bike law handbook and gave it to me, so I can carry it with me. He said he would like to see all cyclists carrying one and suggested pulling it out when a cyclist is stopped by a TPD officer.
And if a cyclist should get a citation, just go to court. I contested a ticket (automobile citation)by going to court, only to have the officer not show and as a result, the citation was dropped. I suggested the same response to my son in Austin, who received a citation for slowing, not stopping at a stop sign in his residential neighborhood on his bike. Same thing, the APD officer didn’t show. By the way, I wouldn’t recommend this behavior for blatantly bad bike riders or bad drivers, only those who are sure in their hearts they didn’t violate any ordinances.
January 20th, 2010 at 3:35 pm
“he pulled out his little bike law handbook and gave it to me, so I can carry it with me. He said he would like to see all cyclists carrying one and suggested pulling it out when a cyclist is stopped by a TPD officer.”
I used to keep one on my bike until it was stolen – I hope the new owner at least puts it to good use.
January 20th, 2010 at 3:48 pm
Bummer, Scott. And speaking of stolen bikes, does anyone in Tucson monitor craiglist for them? There is a great blogger in Austin, who monitors CL and you would be amazed how many stolen bikes have been found advertised for sale WITH PHOTOS (idiot thieves, right?) Sometimes the younger fellows fancy themselves as guerillas and get the bikes back without help from police, which I understand but don’t endorse.
January 22nd, 2010 at 10:56 am
Sorry guys, this is nothing more than “CS” by police officers who would cite for this violation, unless the officer witnesses the action by a rider and deemed such action to be hazardous to motor vehicles or traffic flow. I’m troubled by any officers actions when he alone is the one who defines what , “ride as close as practicable” to the edge of the roadway means. officers often ignore other statutes of title 28. 28-812 allows bikes the same rights as autos. Officers often ignore 28-815, section D, drivers “shall not”, stop, stand or other wise operate a vehicle in a bike lane. Again , look at 28-815, sections #1, #3 and sec. B. All classic examples of good reasons to NOT ride as close to the edge of the roadway. It is those sections lawyers will defend, cyclists must know the law and protect/preserve their rights while on the street. As long as police officers with attitudes are patrolling Tucson streets, bike riders are going to have to know the law. Being polite AND knowing the law as well as the officer does has avoided two tickets , I know I would have received. Know the law, that’s your best defense. Police know a term very well, “the best defense is a good offense”.
January 22nd, 2010 at 11:14 am
Oh, they didn’t steal the bike, Pam – although I have had a couple stolen – they stole the beat-up weathered little handbook out of the bike bag.
People steal the strangest stuff…
January 22nd, 2010 at 11:47 am
Scott, that is hilarious. Maybe they were involved in a Scavenger Hunt….
January 22nd, 2010 at 12:56 pm
The “little bike law handbook” was probably the Pima County “Share the Road Guide” and it’s great to carry around. You can pick one up for free at nearly any bike shop.
This page has links to the PDF versions: http://biketucson.pima.gov/Publications.html