Bike and Cycling Forum > Industry & Events > Activism / Safety > Speeding on a bike?

Reply
 
LinkBack Thread Tools Display Modes
Old 09-30-2011, 06:15 PM   #81
Junior Member
 
Join Date: Aug 2009
Posts: 9
mistaken identity

Sorry D.C., you are correct in that I need to read the whole post and more carefully--it was Froze and his friend, not you.


pedalpusher is offline  
 
Reply With Quote
Old 12-11-2011, 10:53 PM   #82
Member
Bikes
 
Join Date: Dec 2011
Posts: 36
If you have committed a crime. (running a stop sign) and have no ID here in FL they will arrest you so they can bring you in and properly identify you. In NJ there was a law " failure to give good account of one's self" That was used to arrest you for having no ID. It was usually used on vagrants.
joemorreale is offline  
 
Reply With Quote
Old 12-11-2011, 11:11 PM   #83
Senior Member
 
Join Date: Nov 2011
Posts: 117
Quote:
Originally Posted by Digital_Cowboy View Post
I'm guessing that you've never heard of a certain case in NYC where a rookie cop who had "decided" that a person "needed" to go to jail ended up getting fired or resigned (I can't remember which right now) because video surfaced that proved that EVERYTHING that he testified to in his report(s) was a tissue of lies.

The person that he "decided" who needed to go to "jail" was a cyclist who was taking part in a CM ride. And the rookie cop claimed that the cyclist had attempted to run into him on his bike. But the video that surfaced proved beyond a shadow of a doubt that he did not ride at him, but that the rookie cop stepped into him and basically body slammed the cyclist to the ground.
So glad to hear the final outcome of this incident. I was following the story for a while but it dropped off the radar. This rookie was obviously not cut out to be a cop. His removal from the force is good for everyone including him.
Noel is offline  
 
Reply With Quote
Old 12-12-2011, 12:28 AM   #84
Senior Member
 
froze's Avatar
 
Join Date: Aug 2010
Posts: 590
As of February 2011, there is no U.S. federal law requiring that an individual identify herself during a Terry stop, but Hiibel held that states may enact such laws,[20] and 24 states have done so.[21] The opinion in Hiibel implied that persons detained by police in jurisdictions with “stop and identify” laws listed are obligated to identify themselves,[22] and that persons detained in other jurisdictions are not.[23] The issue may not be that simple, however, for several reasons:

The wording of “stop and identify” laws varies considerably from state to state. Noncompliance with a “stop and identify” law that does not explicitly impose a penalty may constitute violation of another law, such as one to the effect of “resisting, obstructing, or delaying a peace officer”. State courts have made varying interpretations of both “stop and identify” and “obstructing” laws.

Variations in “stop and identify” laws:
Four states’ laws (Arizona, Indiana, Nevada, and Ohio) explicitly impose an obligation to provide identifying information. Fifteen states grant police authority to ask questions, with varying wording, but do not explicitly impose an obligation to respond: In Montana, police “may request” identifying information; In 13 states (Alabama, Delaware, Illinois, Kansas, Louisiana, Missouri, Nebraska, New Hampshire, New York, North Dakota, Rhode Island, Utah, Wisconsin), police “may demand” identifying information; In Colorado, police “may require” identifying information of a person.

Identifying information varies, but typically includes:
Name, address, and an explanation of the person’s actions; In some cases it also includes the person’s intended destination, the person’s date of birth (Indiana and Ohio), or written identification if available (Colorado). Arizona’s law, apparently written specifically to codify the holding in Hiibel, requires a person’s “true full name”. Nevada’s law, which requires a person to “identify himself or herself”, apparently requires only that the person state his or her name. In five states (Arkansas, Florida, Georgia, New Hampshire, and Rhode Island), failure to identify oneself is one factor to be considered in a decision to arrest. In all but Rhode Island, the consideration arises in the context of loitering or prowling. Six states (Arizona, Florida, Indiana, New Mexico, Ohio, and Vermont) explicitly impose a criminal penalty for noncompliance with the obligation to identify oneself. As of February 2011, the validity of a law requiring that a person detained provide anything more than stating his or her name has not come before the U.S. Supreme Court.

(above was a courtesy of Wikipedia)

So Florida and other states "invent" infractions so they can arrest you for something trivial like loitering. I bet if a person got arrested in Florida and got a lawyer they could fight the case since the police would have to prove the person was loitering. That charge is nothing more then strong arm tactics similar to how the mob operates. So this is from a Florida attorney (scan down pass the "Important Message" to the next section): Are you required by law to carry an identification card? | Florida DUI Attorney & Legal Help

Then in Maryland this happened: Are you required by law to carry around identification?
froze is offline  
 
Reply With Quote
Old 12-12-2011, 10:50 PM   #85
Senior Member
Bikes
 
Join Date: Sep 2011
Posts: 798
Liked 2 Times on 2 Posts
Likes Given: 4

If stopped for a moving violation on your bicycle, do not show them your drivers license. The infraction will go on your driving record which can lead to increased auto insurance rates and/or suspended license.
qmsdc15 is online now  
 
Reply With Quote
Old 12-13-2011, 12:20 PM   #86
Member
Bikes
 
Join Date: Dec 2011
Posts: 36
I my town, there has been an extensive show of enforcement against cyclists, particularly for rolling stop signs. They have gone as far as using civilian undercover cars as to capture an entire peleton (40 cyclists cited) The tickets they issued were civil violations. The cost was half of a regular ticket and no points. I also think the city gets to keep all funds. 40 cyclist x $64 ticket. Pretty good payday for fifteen minutes work.


joemorreale is offline  
 
Reply With Quote
Reply

Thread Tools
Display Modes

FOLLOW US ON
PHOTO OF THE DAY
Unforgettable Windy 2nd Century

Newest Classifieds