Comments on: Police: Ignorant of Bike Laws? Make Them Up!!

By: SM rider

SM rider — Tue, 03 Nov 2009 20:20:26 +0000

Last nite Santa Monica cops pulled me over for not having rear light which he insisted was required by the law. We must boycott Santa Monica , class action suit etc. Their municipal law requiring bike licences is rediculous and deceptive implying that the California law requires it.
Boycott Santa Monica , take your money elsewhere, encourage others and make it known!

By: Emily

Emily — Tue, 28 Apr 2009 23:29:46 +0000

Here’s a cute website about the laws in Illinois.

http://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a1434.pdf

Bikers are essentially required to follow the SAME rules as any other vehicle on the road. The only exceptions are: a) for the bikers’ safety, they are supposed to ride single file on the right hand side of the road (unless extreme situations justify otherwise) and b) the bikers may select to behave as pedestrians and cross safely using crosswalks.

This may be different in California.

By: Jader

Jader — Wed, 26 Nov 2008 22:35:13 +0000

I filed a complaint using the form above. The next day, the Lieutenant called, and in extreme police-speak (more dense than legalese), he apologized on behalf of the SMPD. He said that their are 2 things a police officer can do wrong: misconduct and bad customer service. He said in my case, the officer had “provided extremely poor customer service,” and his “punishment, if you will” would be “counseling” — using my complaint to teach him where he could have behaved differently. He said there was no misconduct, so I asked specifically about saying I could be arrested for not having a license, and the Lt. said that technically when you get stopped by a police officer, you’re automatically under arrest. (My journalist friend says it’s when you have your Miranda Rights read to you, and the Lt. was just using further intimidation.) I think the officer (Navarro, I see there’s another complaint about him) really needs serious training, not just one talking-to – seems like a bully glad to have a uniform.
The main thing is, the police apologized and said that kind of treatment is not what they’re here for. Why am I still cynical? As an aside, the Lt. said the ticket is a separate issue that has to be dealt with in court, and he couldn’t do anything about that. Thanks for the support!

By: Alex Thompson

Alex Thompson — Fri, 14 Nov 2008 19:36:17 +0000

Jader:

1) He can’t search you without probable cause unless you give your consent. It doesn’t sound like he had probable cause, did you consent to a search? Regardless, it seems unnecessary – file a complaint, either in person:

http://www.santamonicapd.org/units/traffic.htm

or online:

http://www.labikemap.com/tickets

2) You do not need a driver’s license to use a bicycle. However, if an officer believes you have committed a citable offense, and you cannot provide identification, then he can arrest you to verify your identity. I believe that at this point they have the right to search you, but, I think only if you are being arrested.

By: Jader

Jader — Fri, 14 Nov 2008 19:25:48 +0000

An officer of SMPD threatened to arrest me yesterday for not having my driver’s license while riding (then searched my bag). Is there a law about this? Do you know where I can post this question and get feedback?
Thanks -
Sitting Here with $160 Ticket

By: Alex Thompson

Alex Thompson — Fri, 08 Feb 2008 21:42:00 +0000

Sally,

If you took that long a pitstop in my family you'd be left chillin while my dad drove off to New Mexico. Have a great time in SF, and tell them they're cousins down here in LA are fighting the good fight.

AT

By: Sally C

Sally C — Tue, 05 Feb 2008 19:50:00 +0000

Sigh.

Alex, keep fighting the good fight. I promise I'm not moving to SF because LA left me feeling defeated. I swear, I've always wanted to live in SF and this LA thing was just a pit stop on my way from VA.

Keep on pushin'

By: Anonymous

Anonymous — Wed, 30 Jan 2008 23:48:00 +0000

I feel for that poor bastard that got the ticket for not having having lights (sic). haha!

By: SoapBoxLA

SoapBoxLA — Tue, 29 Jan 2008 17:31:00 +0000

Called the Sheriff's Department @ 310-482-6000.

Deputy Hall tried a couple of times and I was finally able to speak to the watch commander.

Lt. Allende, took my comments, argued that they get complaints from locals that cyclists are taking over ths streets.

"It's a difficult task maintaining the balance of peace."

I reminded him that some complaints are opportunities to inform the complainer that the cyclists have the right to the lane, the road, to ride unharrassed.

Ultimately, well-intentioned but misguided instructions are still misguided and inappropriate.

Cyclists are entitled to the full use of the lane and are not bound to the bike lane if they are going the speed of traffic.

Woo Hoo!

He offered to include cycling sensitivity in his roll call.