bike light ticket

"genohm" <[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

I received an arrest warrant for VC 21201D and VC 40508A. I had been
riding on the sidewalk without a bike light and was given a warning and
told to get a light- the officer had me sign a slip and told me to wait
to receive something in the mail. I never received anything until 9
months later when I got this arrest warrant. It says my bail is 361
dollars.

I have a copy of the slip that I signed, I didn't have my driver's
license on me, so the information that was written down on the slip is
my name, my hair color and eye color (which is wrong), my birthdate and
my bike registration.
Does anyone know how I can fight this, and can I actually go to prison
for not following up on a bike light?

All the tickets I have seen or known about, usually have information on the
back about what you are supposed to do about it. Does your's have that info
on it?
Well, it is probably going to cost you something no matter what you do.
One way is to hire a lawyer to go do all the work for you, maybe a traffic
ticket lawyer would work OK. But it could be very expensive.
Another is to simply go on down to the courthouse, see the clerk, and find
out what it'll cost etc. Most cities have an evening night court session
too.
Usually you can get in to see the judge and then explain to him what
happened. The judges are pretty good and they aren't like what you saw in
the movies.
But the court system is run like a business, so at the least you'll probably
have to pay court costs, maybe administrative fees or some such thing.
Sometimes the judge will even dismiss it.

On 1 Feb 2005 02:14:35 -0800, "genohm" <[email hidden]>

Quoted message said:

I received an arrest warrant for VC 21201D and VC 40508A. I had been
riding on the sidewalk without a bike light and was given a warning and
told to get a light- the officer had me sign a slip and told me to wait
to receive something in the mail. I never received anything until 9
months later when I got this arrest warrant. It says my bail is 361
dollars.

I have a copy of the slip that I signed, I didn't have my driver's
license on me, so the information that was written down on the slip is
my name, my hair color and eye color (which is wrong), my birthdate and
my bike registration.
Does anyone know how I can fight this, and can I actually go to prison
for not following up on a bike light?

Hi, I would call the city attorney's office and talk to them about
what you can do to get the arrest warrant removed. It is an arrest
warrant, if you show up in person, they may arrest you. Usually, these
kinds of warrants aren't actively pursued. Another words, they won't
assign anyone to track you down and arrest you. But, if stopped for
some other reason, then you will be detained.
More info, on the what is written on the slip given to you, would
help.

Life is Good!
Jeff

genohm said:

I received an arrest warrant for VC 21201D and VC 40508A. I had been
riding on the sidewalk without a bike light and was given a warning and
told to get a light- the officer had me sign a slip and told me to wait
to receive something in the mail. I never received anything until 9
months later when I got this arrest warrant. It says my bail is 361
dollars.

I have a copy of the slip that I signed, I didn't have my driver's
license on me, so the information that was written down on the slip is
my name, my hair color and eye color (which is wrong), my birthdate and
my bike registration.
Does anyone know how I can fight this, and can I actually go to prison
for not following up on a bike light?

(I deleted rec.nascar from the group for this followup - I just don't
see the point)
Genohm - be careful of the clueless [censored] advice you get on this. In
general though, judges don't like it when you ignore citations. A call
to the courthouse telling them you want to make good but not get
arrested would probably get you a satisfactory result - but just in
case, don't go on Friday afternoon or you might be in jail all weekend.

I think your best defense is that you were riding on the sidewalk -
which may be against city ordinances, but out of the jurisdiction of the
Vehicle Code. The problem now though is not the traffic violation, but
the failure to appear. I suggest being polite, contrite and apologetic.

Quoting from Ca Vehicle Code (pay special attention to the first line):
21201(d) Every bicycle operated upon *any highway* during darkness
shall be equipped (1) with a lamp emitting a white light which, while
the bicycle is in motion, illuminates the highway in front of the
bicyclist and is visible from a distance of 300 feet in front and
from the sides of the bicycle; <snipped a bunch of stuff about reflectors>

--
My bike blog:
http://diabloscott.blogspot.com/

"genohm" wrote: (clip) I never received anything until 9 months later when I
got this arrest warrant. It says my bail is 361 dollars. (clip)
^^^^^^^^^^^^^
My experience was in California, which probably is characteristic of most
states. I got a ticket while driving my, and signed the ticket. My
understanding was that I would get a follow-up bail notice, which never
came. Some months later I got a notice that I was in violation for failure
to post bail or appear, just as you did. In checking the fine print, I
learned that it was my responsibility to take care of the matter, even if
they forgot to send me the follow-up. I ended up paying--what else could I
do?

The bail is usually equal to the fine, which means that forfeiting bail is
the same as paying the fine, which is almost always what happens. As
someone else has pointed out, since you were riding on the sidewalk, the
vehicle code may not apply, and you might be able to beat the ticket by just
appearing. Some judges are annoyed at officers who don't properly apply the
law. The other possibility is that the officer, nine months later, may not
be available to appear. If he fails to show up, I believe you will win.
For $361 it's sure worth a couple of hours of effort.

So why was this crossposted to rec.autos.sport.nascar??

Quoted message said:

I received an arrest warrant for VC 21201D and VC 40508A.
I had been riding on the sidewalk without a bike light and
was given a warning and told to get a light- the officer
had me sign a slip and told me to wait to receive something
in the mail. I never received anything until 9 months later
when I got this arrest warrant. It says my bail is 361
dollars.

Something very similar happened to me after I was ticketed for a
burned-out taillight in Southern California, and on Friday after
receiving the warrant I went back to find out what to do. I was arrested
in the courthouse, and spent the weekend with some very interesting
characters locked up in Los Angeles County Jail. My advice therefore is
not to do what I did, but rather call them on the telephone to ask what
you need to do.

--
"Bicycling is a healthy and manly pursuit with much
to recommend it, and, unlike other foolish crazes,
it has not died out." -- The Daily Telegraph (1877)

On 1 Feb 2005 02:14:35 -0800, "genohm" <[email hidden]>

Quoted message said:

I received an arrest warrant for VC 21201D and VC 40508A. I had been
riding on the sidewalk without a bike light and was given a warning and
told to get a light- the officer had me sign a slip and told me to wait
to receive something in the mail. I never received anything until 9
months later when I got this arrest warrant. It says my bail is 361
dollars.

I have a copy of the slip that I signed, I didn't have my driver's
license on me, so the information that was written down on the slip is
my name, my hair color and eye color (which is wrong), my birthdate and
my bike registration.
Does anyone know how I can fight this, and can I actually go to prison
for not following up on a bike light?

and this has to do with nascar how?

in article [email hidden], Leo
Lichtman at [email hidden] wrote on 2/1/05 11:42 AM:

Quoted message said:

"genohm" wrote: (clip) I never received anything until 9 months later when I
got this arrest warrant. It says my bail is 361 dollars. (clip)
^^^^^^^^^^^^^
My experience was in California, which probably is characteristic of most
states. I got a ticket while driving my, and signed the ticket. My
understanding was that I would get a follow-up bail notice, which never
came. Some months later I got a notice that I was in violation for failure
to post bail or appear, just as you did. In checking the fine print, I
learned that it was my responsibility to take care of the matter, even if
they forgot to send me the follow-up. I ended up paying--what else could I
do?

The bail is usually equal to the fine, which means that forfeiting bail is
the same as paying the fine, which is almost always what happens. As
someone else has pointed out, since you were riding on the sidewalk, the
vehicle code may not apply, and you might be able to beat the ticket by just
appearing. Some judges are annoyed at officers who don't properly apply the
law. The other possibility is that the officer, nine months later, may not
be available to appear. If he fails to show up, I believe you will win.
For $361 it's sure worth a couple of hours of effort.

These are both California infractions. 40508a is the failure to
appear, and the reason why they can threaten you with arrest. Back
in my younger days I racked up a couple of these. The solution is
to just go down to the court and request a court date. At the
hearing (which is an arraignment) simply be very nice and cordial
to the judge, always refer to him or her as "Your Honor", only talk
when he or she asks you a question, and explain what happened *when
asked*. Nothing will [censored] a judge faster than just blabbing in
court. If you are nice about it, and have some proof that the bike
light thing has been fixed, then the judge will probably dismiss the
failure-to-appear and the bike light both. Being nice in a room
full of jerks goes a long way.

Now, if you miss the court date, then the dung hits the fan. They
will issue a bench warrant, which is *much* worse here. This means
they will actually keep an eye out for you, and if caught they will
take you downtown and hold you for a few days. GO TO THAT HEARING
EVEN IF YOU ARE SICK!.

"genohm" <[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

I received an arrest warrant for VC 21201D and VC 40508A. I had been
riding on the sidewalk without a bike light and was given a warning and
told to get a light- the officer had me sign a slip and told me to wait
to receive something in the mail. I never received anything until 9
months later when I got this arrest warrant. It says my bail is 361
dollars.

I have a copy of the slip that I signed, I didn't have my driver's
license on me, so the information that was written down on the slip is
my name, my hair color and eye color (which is wrong), my birthdate and
my bike registration.
Does anyone know how I can fight this, and can I actually go to prison
for not following up on a bike light?

The arrest warrant is not for lack of a light. It's a greater crime to not
respond to a summons, it's called failure to appear. It's your
responsibility to do so. You've received good advice from other posts.
Call, (don't go in person, you have a warrant for your arrest out), set up a
court date, don't be late and don't miss that date! Check out the sidewalk
versus roadway lighting requirement. Have printouts of the appropriate
vehicle codes in your hand when you go to court. Then tell the judge you
are sincerely sorry for your misunderstanding about your failure to appear,
and that you now know it is your responsibility to make arrangements for a
court appearance regardless of whether you receive notice or not. Also, buy
a light for your bike, take a picture of it on your bike. Bring the picture
along with your printouts of the pertaining vehicle code. Tell the judge
that even though the law specifies the lighting requirement for bicycles
operated on a roadway not the sidewalk, you took to heart the spirit of the
law and the officers good intentions and equipped your bike with lighting.
OR, the rich persons version: bring a ton of money, plead guilty for
everything and pay the fines. If there's any question of time served just
tell the judge your livelyhood would be in jeopardy and you're prepared to
pay all fines immediately.

On 1 Feb 2005 02:14:35 -0800, "genohm" <[email hidden]>

Quoted message said:

I received an arrest warrant for VC 21201D and VC 40508A. I had been
riding on the sidewalk without a bike light and was given a warning and
told to get a light- the officer had me sign a slip and told me to wait
to receive something in the mail. I never received anything until 9
months later when I got this arrest warrant. It says my bail is 361
dollars.

I have a copy of the slip that I signed, I didn't have my driver's
license on me, so the information that was written down on the slip is
my name, my hair color and eye color (which is wrong), my birthdate and
my bike registration.
Does anyone know how I can fight this, and can I actually go to prison
for not following up on a bike light?

Have you considered running the Judge over with a car (or better, an
SUV)?

"I didn't see him!"

You aren't too likely to get arrested for that.

--
"Of all tyrannies a tyranny sincerely exercised for the good of its
victims may be the most oppressive. It may be better to live under
robber-barons than under omnipotent moral busybodies. The robber-
baron's cruelty may at some point be satiated; but those who
torment us for our own good will torment us without end, for they
do so with the approval of their own conscience."

- C.S. Lewis

genohm said:

I received an arrest warrant for VC 21201D and VC 40508A. I had been
riding on the sidewalk without a bike light and was given a warning and
told to get a light- the officer had me sign a slip and told me to wait
to receive something in the mail. I never received anything until 9
months later when I got this arrest warrant. It says my bail is 361
dollars.

I have a copy of the slip that I signed, I didn't have my driver's
license on me, so the information that was written down on the slip is
my name, my hair color and eye color (which is wrong), my birthdate and
my bike registration.
Does anyone know how I can fight this, and can I actually go to prison
for not following up on a bike light?

Where do you live? I can find the info for you in one day.

Christopher

Joselas said:

"genohm" <[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

I received an arrest warrant for VC 21201D and VC 40508A. I had been
riding on the sidewalk without a bike light and was given a warning and
told to get a light- the officer had me sign a slip and told me to wait
to receive something in the mail. I never received anything until 9
months later when I got this arrest warrant. It says my bail is 361
dollars.

I have a copy of the slip that I signed, I didn't have my driver's
license on me, so the information that was written down on the slip is
my name, my hair color and eye color (which is wrong), my birthdate and
my bike registration.
Does anyone know how I can fight this, and can I actually go to prison
for not following up on a bike light?

The arrest warrant is not for lack of a light. It's a greater crime to not
respond to a summons, it's called failure to appear. It's your
responsibility to do so. You've received good advice from other posts.
Call, (don't go in person, you have a warrant for your arrest out), set up a
court date, don't be late and don't miss that date! Check out the sidewalk
versus roadway lighting requirement. Have printouts of the appropriate
vehicle codes in your hand when you go to court. Then tell the judge you
are sincerely sorry for your misunderstanding about your failure to appear,
and that you now know it is your responsibility to make arrangements for a
court appearance regardless of whether you receive notice or not. Also, buy
a light for your bike, take a picture of it on your bike. Bring the picture
along with your printouts of the pertaining vehicle code. Tell the judge
that even though the law specifies the lighting requirement for bicycles
operated on a roadway not the sidewalk, you took to heart the spirit of the
law and the officers good intentions and equipped your bike with lighting.
OR, the rich persons version: bring a ton of money, plead guilty for
everything and pay the fines. If there's any question of time served just
tell the judge your livelyhood would be in jeopardy and you're prepared to
pay all fines immediately.

Just another thought along these lines - you might state that the reason you
were on the sidewalk is that you had been caught out without a light and knew
that riding in the street would be illegal and dangerous.

The plea you'll be making probably won't be guilty, but no contest; aka: "nolo."

I don't know your jurisdiction, but here in Florida there will be a hearing
before any actual court trial. You'll talk to a hearing officer who will often
be happy to hear the story before asking your plea. Greatly expedites thing.
There will only be a court date if you plead not guilty.

DO NOT LISTEN TO BILL BAKA. His advice will only get you into the same deep
[censored] he seems to wallow in. Sorta like getting marriage advice from the guy's
who's been married seven times.

Ron

I do not believe it was a warning; I think it was a ticket for a
deficiency, an 'equipment' or 'fixit' ticket. These are tickets that
are usually excused if you show up and provide evidence that the
deficiency or problem has been rectified. Since the OP failed to
appear the summons, which would probably have been excused if he showed
he had a light on his bike, and sufficient time lapsed that the court
issued a bench warrant. While the courts out here usually send a
'reminder' notice, the original summons (ticket) probably had an
appearance place and date and was in force.

- rick

<[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

I do not believe it was a warning; I think it was a ticket for a
deficiency, an 'equipment' or 'fixit' ticket. These are tickets that
are usually excused if you show up and provide evidence that the
deficiency or problem has been rectified. Since the OP failed to
appear the summons, which would probably have been excused if he showed
he had a light on his bike, and sufficient time lapsed that the court
issued a bench warrant. While the courts out here usually send a
'reminder' notice, the original summons (ticket) probably had an
appearance place and date and was in force.

- rick

I don't think this was a "fixit ticket" situation since bicycles are not
required to have a light unless you're riding at night. Bicycles ridden
during daylight hours are not required to have a light.

The OP was originally cited for riding at NIGHT without a light and
subsequently for failure to appear.

Cheto

genohm said:

I received an arrest warrant for VC 21201D and VC 40508A. I had been
riding on the sidewalk without a bike light and was given a warning
and told to get a light- the officer had me sign a slip and told me
to wait to receive something in the mail. I never received anything
until 9 months later when I got this arrest warrant. It says my bail
is 361 dollars.

That "slip" you signed was the ticket, which is basically an agreement to either
appear in court or pay a fine. It should be in the fine print somewhere.
Neglecting to read what you sign has consequences, as you've found out.

Quoted message said:

I have a copy of the slip that I signed, I didn't have my driver's
license on me, so the information that was written down on the slip is
my name, my hair color and eye color (which is wrong), my birthdate
and my bike registration.
Does anyone know how I can fight this, and can I actually go to prison
for not following up on a bike light?

Read what it says. You have to learn this stuff. Yes, you can go to jail, for
this and failure to appear, but in most cases they'd rather have your money. If
you look as stupid as you sound and it's your first offense, the judge may show
some mercy and minimize your fines.

Sorry if I sound harsh, but jeez, grow up and take some responsibility for
yourself.

Matt O.

Matt O'Toole said:

genohm said:

I received an arrest warrant for VC 21201D and VC 40508A. I had been
riding on the sidewalk without a bike light and was given a warning
and told to get a light- the officer had me sign a slip and told me
to wait to receive something in the mail. I never received anything
until 9 months later when I got this arrest warrant. It says my bail
is 361 dollars.

That "slip" you signed was the ticket, which is basically an agreement to either
appear in court or pay a fine. It should be in the fine print somewhere.
Neglecting to read what you sign has consequences, as you've found out.

Quoted message said:

I have a copy of the slip that I signed, I didn't have my driver's
license on me, so the information that was written down on the slip is
my name, my hair color and eye color (which is wrong), my birthdate
and my bike registration.
Does anyone know how I can fight this, and can I actually go to prison
for not following up on a bike light?

Read what it says. You have to learn this stuff. Yes, you can go to jail, for
this and failure to appear, but in most cases they'd rather have your money. If
you look as stupid as you sound and it's your first offense, the judge may show
some mercy and minimize your fines.

Sorry if I sound harsh, but jeez, grow up and take some responsibility for
yourself.

I dunno. It'd be more amusing if he tried the Baka approach: "You can't even
prove it was me. Besides, I knew that cop was just messin' with me, tryin' me
the moment he pulled me over."

Ron

"Ken [NY]" <[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

You will have to put me down as a sceptic. A "warning" was
issued for riding not on the roadway without a light, and

the officer

Quoted message said:

just asked you who you were and believed you without

checking further?

Quoted message said:

And then nothing heard from from the court about the

"warning"? Then

Quoted message said:

you were sent arrest warrants for two violations of the

"warning"? You

Quoted message said:

do know that "warnings" are not enforcible, right? They are

issued in

Quoted message said:

lieu of a traffic ticket.

I also feel this is probably a troll.
Why post it to all the auto groups, unless the purpose was to
stir up some "bicyclists are all lame lawbreaker" action?
Luckily, the NASCAR people seem to have other things to do.

If he was really ticketed for riding at night without lights,
the police officer did him a favor by providing some
education. This is not a safe thing to do.

RonSonic said:

Joselas said:

"genohm" <[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

I received an arrest warrant for VC 21201D and VC 40508A. I had been
riding on the sidewalk without a bike light and was given a warning and
told to get a light- the officer had me sign a slip and told me to wait
to receive something in the mail. I never received anything until 9
months later when I got this arrest warrant. It says my bail is 361
dollars.

I have a copy of the slip that I signed, I didn't have my driver's
license on me, so the information that was written down on the slip is
my name, my hair color and eye color (which is wrong), my birthdate and
my bike registration.
Does anyone know how I can fight this, and can I actually go to prison
for not following up on a bike light?

The arrest warrant is not for lack of a light. It's a greater crime to not
respond to a summons, it's called failure to appear. It's your
responsibility to do so. You've received good advice from other posts.
Call, (don't go in person, you have a warrant for your arrest out), set up a
court date, don't be late and don't miss that date! Check out the sidewalk
versus roadway lighting requirement. Have printouts of the appropriate
vehicle codes in your hand when you go to court. Then tell the judge you
are sincerely sorry for your misunderstanding about your failure to appear,
and that you now know it is your responsibility to make arrangements for a
court appearance regardless of whether you receive notice or not. Also, buy
a light for your bike, take a picture of it on your bike. Bring the picture
along with your printouts of the pertaining vehicle code. Tell the judge
that even though the law specifies the lighting requirement for bicycles
operated on a roadway not the sidewalk, you took to heart the spirit of the
law and the officers good intentions and equipped your bike with lighting.
OR, the rich persons version: bring a ton of money, plead guilty for
everything and pay the fines. If there's any question of time served just
tell the judge your livelyhood would be in jeopardy and you're prepared to
pay all fines immediately.

Just another thought along these lines - you might state that the reason you
were on the sidewalk is that you had been caught out without a light and knew
that riding in the street would be illegal and dangerous.

The plea you'll be making probably won't be guilty, but no contest; aka: "nolo."

I don't know your jurisdiction, but here in Florida there will be a hearing
before any actual court trial. You'll talk to a hearing officer who will often
be happy to hear the story before asking your plea. Greatly expedites thing.
There will only be a court date if you plead not guilty.

DO NOT LISTEN TO BILL BAKA. His advice will only get you into the same deep
[censored] he seems to wallow in. Sorta like getting marriage advice from the guy's
who's been married seven times.

Ron

Ron,
I have only been married once and still am. As others have said, and Bob
will deny, "The police are NOT your friends.". They are there to give
tickets and make their record look good. I don't wallow in deep [censored], I
avoid it. I have found it to my advantage in at least one occasion to go
from being pulled over and given a bogus ticket directly to the
courthouse and talk to the judge. Since the judge knew this particular
officer and some of the ridiculous tickets he wrote, she dismissed it on
the spot. Stand up for yourself because nobody else will.
BB

On Wed, 02 Feb 2005 14:09:54 GMT, RonSonic <[email hidden]>

Quoted message said:

Joselas said:

"genohm" <[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

I received an arrest warrant for VC 21201D and VC 40508A. I had been
riding on the sidewalk without a bike light and was given a warning and
told to get a light- the officer had me sign a slip and told me to wait
to receive something in the mail. I never received anything until 9
months later when I got this arrest warrant. It says my bail is 361
dollars.

I have a copy of the slip that I signed, I didn't have my driver's
license on me, so the information that was written down on the slip is
my name, my hair color and eye color (which is wrong), my birthdate and
my bike registration.
Does anyone know how I can fight this, and can I actually go to prison
for not following up on a bike light?

The arrest warrant is not for lack of a light. It's a greater crime to not
respond to a summons, it's called failure to appear. It's your
responsibility to do so. You've received good advice from other posts.
Call, (don't go in person, you have a warrant for your arrest out), set up a
court date, don't be late and don't miss that date! Check out the sidewalk
versus roadway lighting requirement. Have printouts of the appropriate
vehicle codes in your hand when you go to court. Then tell the judge you
are sincerely sorry for your misunderstanding about your failure to appear,
and that you now know it is your responsibility to make arrangements for a
court appearance regardless of whether you receive notice or not. Also, buy
a light for your bike, take a picture of it on your bike. Bring the picture
along with your printouts of the pertaining vehicle code. Tell the judge
that even though the law specifies the lighting requirement for bicycles
operated on a roadway not the sidewalk, you took to heart the spirit of the
law and the officers good intentions and equipped your bike with lighting.
OR, the rich persons version: bring a ton of money, plead guilty for
everything and pay the fines. If there's any question of time served just
tell the judge your livelyhood would be in jeopardy and you're prepared to
pay all fines immediately.

Just another thought along these lines - you might state that the reason you
were on the sidewalk is that you had been caught out without a light and knew
that riding in the street would be illegal and dangerous.

The plea you'll be making probably won't be guilty, but no contest; aka: "nolo."

Actually, the plea of no contest is Nolo Contendre, but you were
pretty close.

"Cheto" wrote: I don't think this was a "fixit ticket" situation since
bicycles are not required to have a light unless you're riding at night.
Bicycles ridden during daylight hours are not required to have a light.
^^^^^^^^^^^^^^
So, here's an amusing hypothetical situation. You get a fix-it ticket for
riding at night without a light. You bring the bike to be inspected in the
daytime, and since no light is required then, the officer signs it off.
Ridiculous, but logical.