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Critical Mass Tickets

Mapping the "criminality" of bicycling

Albano says can't dismount in street

Albano says can't dismount in street
Ride:
08-2006 (August, 2006)  
Violation Type:
Obstruction of Vehicular traffic  
Ticket Status:
Not Guilty --> Found Guilty  
Actual Ticket Information
Time of Violation
9:05 pm 
Violation Of
461B TRAFF RULES The 6 could be a 0, and the 1 could be a 7 
Description
OBSTR T... ... BIKE ... (mostly illegible) 
Place of Occurence
3rd Ave, below 41st St., right side 
Description

I was all the way to the right, northbound on 3rd Ave., between 40th and 41st St. Traffic was blocked ahead of me at 41st St. by police stopping people, and I saw a lot of people walking away southward on the sidewalk on my right. I was within easy touching distance of an SUV, parked at the curb, and dismounted my bike so I could similarly walk my bike on the sidewalk, which I immediately did. I was at the back of that crowd, and suddenly heard some shoes trotting behind me, and then somebody grabbed my bike. I turned around and saw it was Lt. Albano. I insisted that I had not broken any laws, and Lt. Albano said that was for the judge to decide and that he thought I did break a law. I asked him why I was being stopped, and he said, "I think you know why." It was kind of strange that it seemed like it was all white shirts there and only one blue shirt there.

When he finally gave me the ticket he conveyed that it was going to surprise me. He asked me whether I had a light on my bike. I said that I did, before he wrote the ticket for something else. He signed the ticket himself. He said, "You've got to get off your bike ... [long pause] ... when you're not in the street." The ticket Lt. Albano gave me was a new, white, NY State DMV "Uniform Traffic Ticket" that said that to plead Not Guilty I had to respond within 48 hours, by mailing, "to the court specified on the reverse by Registered or Certified Mail ..., or by First Class Mail ...."

One problem was that there was no address or specific court listed anywhere on ticket. 48 hours from the time of the ticket was Sunday evening. Fortunately, a lawyer told me I could go to the local court clerk on Monday and would be fine. The ticket also said that I am "entitled to receive a supporting deposition further explaining the charges provided you request such supporting deposition within thirty (30) days from the date you are directed to respond to the court noted on the other side of this appearance ticket.
Do you request a supporting deposition? O YES O NO."
I did, but the clerk did not know what to do about that.

UPDATE:
The judge, Robert V. Re, at the downtown Manhattan TVB, was a horrible pig and seemed hostile to CM. He gave Albano an amused look after having me repeat that the people ahead of me were fleeing from the police. Albano testified that I walked against traffic for a few feet and caused other riders to swerve around me. The latter is certainly false, and I'm quite sure that the former is too. I thought lawyers aren't supposed to lie in court. Albano also testified that nobody at CM is given a ticket unless they break a law. It turns out Albano charged me with violating 4-07(b), without saying whether I was charged with part (1) or (2). I wonder where I can complain about the judge convicting me without that specified and without allowing me the opportunity to know my charge before trial, implying that I was not entitled to know before trial any more detail than Improper Operation of Bike which is how the TVB lists most bike charges. More details later, probably.

 
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