RANT: Almost Hit by a COP!! EDIT: added drawing of scene

[kalvor]

Hi everyone,

I'm new to this but I just gotta ask for some advice about what happened to me today.

I'm a student at UC Davis.
Anyway,

6/28/01, 4:30ish Davis, CA, Russell Blvd:
There is a bike path that comes out of the campus and connects directly to a crosswalk which connects to another crosswalk station.

I'm riding along the bike path heading towards the crosswalk.
On the right of the cross walk is a merge into a main street.
I see a cop car turning out of a nearby parking lot and heading towards the crosswalk from my left. I thought the cop saw me, so I kept on riding. I DO NOT believe that there is a stop sign or yield sign for me when coming out on to the crosswalk (ppl use it a lot too, I'll have to check tomorrow to make sure about the signs). Anyway, as I crossed the crosswalk, I hear the cop screeching his brakes very close to me. I rode a couple of feet to get out of his way and stop. He gets out of his car and gives me a "Notice to Appear" which states:
21804a UC(?) Crossing Roading From Bike Path Yield to traffic

I'm not sure if I was suppose to yield for him or what.
I looked at the road that he was coming out of, there was a big YIELD sign on the floor before the crosswalk and a pole with a red Yield sign after the cross walk.
I also checked, and made sure, there is a Bicycle Xing sign before the crosswalk and another Yield sign on a pole.

He told me that he wasn't suppose to yield, and that I was the one who was suppose to yield. Is he right?

I know that i could have been killed, and that I should have slowed down, but I thought the cop was gonna let me go because of the yield sign and I thought he saw me.

Anyway, do you think it's just a hassle to dispute it?
Should I pay/admit guilt(I don't think i'm wrong)?
So am i wrong or right? I need feedback please.

Thanks,
-K

EDIT: here's the a crude pic of the scenario, hope that helps in explaining what happened. Traffic Pic
Darn, doesn't look like that link is working, it should be here:
http://members.nbci.com/kalvor/trafficpic/traffic.jpg

 

[Sluggo]

Take pics of the scene and complain. Generally pedestrians always have the right of way, but by the same token bicycles are REQUIRED to follow the same rules as cars do.

So coming from a bike path, might be considered by the policeman as entering traffic from a private driveway, in which case you would be the one to yield.

When riding a bicycle you should never assume that a car sees you, just isnt prudent.

And by Redneck rules, bigger heavier vehicle always get right of way.

 

[Mr.IncrediblyBored]

How much is the ticket? If its really expensive, it might be worth your while to fight it in court.

See if you can set up an appointment with a lawyer (make sure this appointment doesn't cost you anything) and give him your side of the story to see what he says.

 

[redol]

i don't know about california, but in oregon bicyclists have to obey all the traffic laws that motorists do.... I am assuming that the yeild sign was for pedestrians, in which case you would have to yield the right of way to the main road of traffic. In Oregon the initial fine tends to be pretty high, but it is easy to get it reduced (I don't know if it is like this in CA) . I would suggest pleading not guilty and say that you were confused about who had the right of way.... you might not get it dropped, but the fine might be reduced... depends if you want to go to all that trouble

edit: clarification

 

[kalvor]

Okay, I did some checking online,
he said I violated 21804a

but i believed that i had the right of way because of this: 21803a

I'm still not totally one hundred percent sure that i was right.

If i was right, can I sue him / have HIM attend traffic school, pay me a fine for almost hitting me/ etc?

The word YIELD is in big white bold letters on the floor for cars traveling in his direction.
And I'm gonna have to make sure about the Yield sign on the pole next to the words.

I also gotta take pictures and waste a perfectly good roll of film on the area.

This stupid near accident is driving me nuts, hope I don't have to pay a fine.

Anyone else have comments/advice?
Thanks, I appreciate it,
-K

 

[Infidelity]

Should of just rode like nothing happened till he stopped you. Maybe he wouldn't waste his time chasing.

 

[EvanFerguson]

how could he have given you a ticket?

no sir, i don't have id
here's my address and name (fake of course) and bam, no ticket........forsheezy easy!

 

[kalvor]

I probably should have clarified,
there was a red light after that crossing, so I had to stop.
He pulled up right next to me, got out and told me to get off, etc.

It was really weird when all the motorists nearby, and pedistrians were staring at me.
I actually saw someone laughing! :|
They made it seem like I was a criminal or something.

-K

 

[ThisIsMatt]

eh, I take that back, n/m

 

[Recneps]

You should fight it and ask for damages when you are in court. Ask for punitive damages, and public humalition (guy laughting at you). Based on this

Section 21804 the one you linked to. One element of it is this "The driver of any vehicle about to enter or cross a highway..." to be guilty of the crime you have to be a vehicle. Now accourding to Section 670 a vehicle is defend as "A "vehicle" is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks." Now I asume your bike is moved exclusively by human power therefor you are not a vehicle and you can not be guility of breaking that law.

 

[kalvor]

Hey, thanks
that's a good idea.

 

[Aenygma]

I am sorry that I did not read your whole story, but that topic just made me boil from an incident I had..

I live in Austin, BIG college town, and I was driving a BRAND NEW car with a police car in the lane to my right. When off to the side a college girl wearing a bikini on a bicycle came out of the bike path and onto the sidewalk. Well, I saw her, and then saw the police car moving into my lane!! as I coudl also see him staring away at her..

He forced me over the double yellow lines and into on coming traffic... We were not moving fast as there was a light ahead, and it was turning yellow. I had 2 choices.. get hit head on.. or floor the car, and run the light.

I chose option 2.

Then I look back and what do I see? His lights come on.. I pulled my car over and jumped out screaming at the top of my lungs at this arse!

He gave me a ticket, would not admit to what he had done, he even called backup, b/c I was yelling at him so. ( he could have killed me )

I went to court, told the judge what happened, and she dropped the going through the red light.


I saw him about 3 months later at a resturant, and I walked over to him , made sure to let everyone know what had happened. Then... we left.

:| damn cops IQ=105 look it up.