The other week I got pulled over for running a red light on my bike. However, the cop accidentally (?) wrote down violation number 19176-B, which I believe is riding on a sidewalk.

Riding on a sidewalk is a much lesser offense, fine wise, than running a light.

Should I fight this, since he wrote down the wrong code? Should I consider it a gift? If I fight it, could the judge or cop adjust the ticket to the proper violation and then charge me for running a light?


Comments

  1. I think you will find that there are a lot more automobile drivers on here than bikers, so the balance is definitely going to be tipped pro-car, regardless of the issue. So, it seems that posters are voting their pocketbooks, not their principles. I think this is what you meant, dirty_hipster.

    I did not comment on the automobile ticket from a week ago, but I would have suggested taking responsibility for my actions in that instance, as well. I would suggest fighting, though, whenever the driver/biker is innocent.

    (For the record, I do not own a car. Although, I use one for Official business with the City from time to time and just paid a ticket that I could have contested. Also, I own a bike I haven’t ridden for two years.)

  2. funny how everyone tells this guy to pay the ticket – but there was a pretty much identical issue a week or so ago with a guy who got a ticket for double parking – and the cop wrote the wrong offense on the ticket and you all told him to fight it.

    fight the ticket dude – from what i understand – if he wrote the wrong offense down – it’s not valid

  3. Any inconsistancy in a summons is reason for dismissal. So if the cop wrote in the violation as “running a red light” with the wrong code then you will not have to pay. You just have to decide if it is worth your time to fight it. I don’t think you get points on your license for riding on the sidewalk.

  4. he gave you a slack – count blessings and pay the ticket. besides judge can realize mistake and charge you with red light running.

    usually people fight moving violations involving points or license suspension. just appearing in cost (probably more then once) is to much compared to the fine amount. You can hire layer for this but he will cost more then the fine amount as well.

    But if you still determined to fight it – call Jeffry Ziff. Offices of this lawyer are _inside_ of the Brooklyn DMV. I cannot imagine more corrupt setup.

  5. He probably wrote down the lesser violation on purpose, as a backhanded warning. remember he’s got a quota to make and you made yourself an easy target.

  6. Often you can get out of a charge (not just parking tickets) when it is the wrong charge written down. If you weren’t riding on the sidewalk, that should get you out of the charge.

    But what sort of hearing is it if you protest? Is it like when you go see an administrative law judge by yourself to contest a parking ticket? Then, you should be able to get out, as the judge can’t charge you with running a red light just because you say you weren’t riding on the sidewalk – you’re charged with what’s on the ticket. But will the judge believe you?

    And, if the hearing is like the kind for a moving violation in a car (like a speeding ticket – in court, where the cop who wrote the ticket shows up) who’s to say he won’t lie and say he ticketed you for riding on the sidewalk? You need to find out the process.

    You can probably find out a lot by calling the court on the ticket, reading online, and asking an attorney who handles this sort of stuff. (They will often give you advice on the process for little stuff like this and how to handle it for free if you call them on the phone – I’ve done this for speeding tickets in other states – don’t know if NYers do this.)

    Good luck figuring it out.

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