Tag Archive for making laws up on the spot

Update: Bike rider illegally ticketed by pissed-off cop for non-infractions on Venice bike path

Give Yo! Venice! credit for reporting this one.

The popular website broke the news yesterday that a bike rider on the beachfront Marvin Braude bike path was ticketed by a cop for a made-up violation — simply because he pointed out the LAPD officer’s motorcycle was blocking the pathway last Thanksgiving weekend.

According to the site — and backed up by a helmet cam video of the interaction — Venice resident Chris J. was slowly riding north on the pathway when he encountered the officer blocking the entire southbound section of the bikeway, at the same time a girl on a tricycle was blocking the north side of the path.

So after going around, he — politely, evidently — informed the officer his motorcycle was blocking the path, to which the officer responded “I can give you a ticket for that.”

Next thing he knew, the cop was following behind his slow moving beach cruiser with lights flashing.

And that’s when it gets interesting.

The cyclist turned on his helmet cam and recorded the officer fumbling for something, anything, he could ticket him for. And admitting on camera that the only reason he was writing up the rider was because he had argued with him.

Politely asking a cop not to block the bikeway may not be smart, but it sure as hell isn’t arguing.

Kind of violates the meaning of “To Protect and Serve,” doesn’t it?

First the officer threatens to write up the cyclist for riding on the wrong side of the bike path. Which, to the best of my knowledge, isn’t illegal; if the same traffic laws that apply to motor vehicles also apply to an off-road, Class I bikeway — a multi-use pathway in places — this is the first I’ve heard of it.

If so, the department could make up the state’s entire budget deficit just by writing tickets on the bike path. Starting with pedestrians walking on the bike-only sections, since people generally aren’t allowed to walk in the street, either.

Of course, it would also require cyclists to signal their lane change every time they pass someone. Along with a host of equally absurd requirements never before enforced on this bike path, or any other that I’m aware of.

So Chris argues that there’s a dotted yellow line dividing the two sides of the path in that section, rather than a solid yellow line, legally allowing him to cross over it in order to pass someone.

When the officer can’t argue that point, the cop switches gears. And instead, writes a ticket for violating the state’s Basic Speed Law, for — wait for it — riding 5 mph in a 10 mph zone.

Never mind the fact that the officer appears to have made up the 10 mph speed limit, which is not posted anywhere along the bikeway. Or anywhere else that I can find, for that matter.

Instead, let’s consider that the Basic Speed Law, CVC 22350, refers only to a speed greater than is reasonable under the circumstances. It says absolutely nothing about going too slowly.

Basic Speed Law

22350.  No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

And to the best of my knowledge, a bike path is not a highway.

But I could be wrong about that; I’ll let you know if I see a semi-truck and a few speeding SUVs rolling down it when I’m out that way this afternoon.

Maybe the officer meant to write a ticket for CVC 22400, the Minimum Speed Law. Except that pertains only to highways, as well.

Not bike paths.

And part of which only applies to vehicles subject to registration.

In other words, not bikes.

Of course, had the officer written a ticket for that, he likely would have been laughed out of court when the case comes up before a judge on Friday. As he should be for attempting to make up traffic laws on the spot in order to cite a bike rider simply because the rider pissed him off.

Which is not exactly what we should expect from a trained officer sworn to uphold the law, who should have known better.

Or at least, known enough not to admit it on camera.

And I should also point out that it’s not against the law to argue with a cop. Although it’s seldom a good idea.

If you find yourself in a similar situation, take the ticket. Then take it up with the officer’s superiors, or fight it in court.

I’ve reached out to the LAPD’s bike liaisons for the West Traffic Division to see what they have to say on the subject. So far, I haven’t gotten a response; I’ll let you know if I do.

Update: According to KNBC-4, Detective Gus Villanueva of the LAPD’s Media Relations Section says the ticket was canceled “in the interest of justice,” and that the department was conducting an investigation into the officer involved.

Yo! Venice!, which has done a great job keeping on top of this story, reports that the officer involved works out of the West Traffic Division; still no response from the bike liaison from that Division. 

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