dougmc

While it's true that most people do rolling stops when there's not traffic to yield to ... the law requires a complete stop.

So when you show up to contest the ticket, you can either go "Well, yes, I did run the stop sign, but only at a low rate of speed", so I should be acquitted -- and then the judge says "You broke the law. Guilty." Or you can lie about it and say you did come to a complete stop ...

Austin's Police Department policy manual suggests that tickets should be written if one goes through a stop sign "at a greater than walking speed" (page 221) -- but 1) 5 mph is faster than walking speed, and 2) this is just a guideline -- cops can be more picky than this if they want.

And if you're not going to effectively fight it, why even show up at court? Just pay the fine.

Does the area have a local bicycle defensive driving equivalent? Austin has one now. If you do show up, you could ask the judge for such a thing, or you could admit that you did technically break the law but given that you did it in a relatively safe manner, ask for deferred adjudication?

wphamilton

That's the key question. The only reason is you might is hoping for the judge to reduce the fine, or an alternative to a fine as you suggest.

As I see it, don't go to court unless you're going to fight it and win. But you're assuming that there's no way to effectively fight it, and I don't agree with that. Deny that you failed to stop, and if the judge finds you guilty, appeal. A few other things.

Coal Buster

Appeal on what basis? You don't agree with the decision? You can only appeal on a point of law.

dougmc

But you told us that you didn't stop. Right? Or are you going to tell the judge something other than what you told us? (Well, the original poster said he didn't stop, not you.)

And as Coal Buster said, in Texas appeals are more about errors made in the legal process than anything else -- just because you got found guilty, that's not a reason for an appeal. The judge/jury/DA/your lawyer/etc. needs to have made an error that lead to that.

Also, an appeal is expensive. One can appeal a traffic ticket, but it costs so much more than the traffic ticket costs in the first place that almost nobody does it unless they're trying to set a precedent of some sort (which is a very dangerous business, as it often fails) or they just have more time and money than sense.

I know you're not the original poster, but if you do decide to fight a traffic court -- unless you really are trying to set a precedent or just prove a point (in which case you really should be advised by a lawyer and really should know what you're doing and getting into) you should treat the verdict as the end of things ... don't pin any hopes on an appeal. Save the appeals for more serious crimes, where the cost is easier to justify.

wphamilton

You don't need a basis in a Texas lower court that is not a court of record.

wphamilton

Ah, no this isn't about me. I haven't had a ticket in 15+ years.

This is not a true statement about Texas courts.

BikeLite

State Farm told me they would not increase my car insurance rates because of a biking ticket.

Coal Buster

Some municipal courts in Texas are courts of record. If yours isn't, your appeal is actually a new trial. Your appeal is actually a gamble that the LEO can't attend the second trial.

Grillparzer

We assume they work accurately, but I doubt if a traffic radar manufacture ever tested and had their units certified with bicycles in mind.

Grillparzer

Good!

prathmann

I would hope they do so considering that the local police departments here use some of those units to monitor bicycle speeds and issue citations.

Rollfast

And somehow the conversation keeps diverting to speeding.

Did the OP (BikeLite) even look for crosstraffic before rolling anyway?

Do you think the officer was watching and giving you a message there? I would say YES.

Whether or not the fine stands, or is even reduced, show enough signs of remorse and the effort made to improve to show the judge you took the infraction seriously. This not just a penalty, it's a lesson and meant to save you from a world of hurt.

Cops are not robots. Seeing people hurt or killed from avoidable actions isn't any fun for them.

MMACH 5

Follow-up posted here:
https://www.bikeforums.net/advocacy-s...l#post17363644

Don in Austin

Someone "keenly aware" of their surroundings has to be pretty foolhardy to roll through a stop sign in front of a cop.

Don in Austin

02Giant 

^^^This!^^^