On Tue, 10 Jun 2003 22:23:16 GMT, Joe <
[email protected]> ranted:
>I disagree in your conclusion. I agree that the issuing officer has a duty to determine correct
>name, address, et. whenever a summons is being issued and regardless of what the violation is.
>People are issued summons' for everything from unleashed dogs to jaywalking. Many people,
>particularly in NYC, don't have 'Motor' vehicle Licenses. and there is no 'Requirement' that an ID
>be a "Motor' Vehicle License. A Passport meets the ID requirement just as well as a Motor Vehicle
>License everywhere in the US. So he can and does issue a summons, you will not be detained pending
>identification and you get to go home and buy your own Donuts.
Joe, I agree and never said you must submit a motor vehicle license to a police officer when
stopped on a bike. I mistakingly thought you were saying that it would be better not to
offer any ID at all. Hence the donut break with the cops.
>As for Court Punching in Information to "DMV" (Department of 'Motor' Vehicles), for what purpose
>since you were not operating a 'Motor' vehicle and you have not committed a 'Motor' Vehicle
>violation. The court has no more reason to feed it to DMV for the biker then it would for the dog
>walker. In short the only time it could or would end up at DMV is if someone fills in a operators
>license number on the summons which cause it to be flagged by the computer system and sent there by
>mistake. Then it is hell to get it out. Don't give a 'Motor' Vehicle License when being issued a
>summons for a 'NON-Motor' Vehicle violation and that mistake won't happen.
All of the NY bike violations - not including local ordinances of course - are state vehicle
and traffic laws. Blowing past a stop sign in a car is a violation of section 1110, V&T.
Blowing past a stop sign on a bike or in-line skates is a violation of the same section
because they too are vehicles under Section 1231:
S 1110. Obedience to and required traffic-control devices. (a) Every person shall obey the
instructions of any official traffic-control device applicable to him placed in accordance with the
provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to
the exceptions granted the driver of an authorized emergency vehicle in this title.
S 1231. Traffic laws apply to persons riding bicycles or skating or gliding on in-line skates. Every
person riding a bicycle or skating or gliding on in-line skates upon a roadway shall be granted all
of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by
this title, except as to special regulations in this article and except as to those provisions of
this title which by their nature can have no application.
http://assembly.state.ny.us/leg/?cl=128
Again, if you want to offer the cop a passport, you will still get the ticket and it will go
to traffic court. And it will go on your driving record if you are convicted. Cordially, Ken
(NY) Chairman, Vast Right Wing Conspiracy Bureau, Department Of Redundancy Department
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