The Denver
Post reported today that Sean Mandel was stopped by Denver Police while riding
his bicycle. The officer charged him
with not stopping at a stop sign. Should
Mandel pay or fight his ticket?
Disclaimer:
Circle Law does not represent Mr. Mandel, nor has Circle spoken with either
the defendant or the officer. I am
addressing this from a general legal perspective. See http://www.denverpost.com/news/ci_20986749/police-crack-down-freewheeling-bicyclists for the Denver Post Article.
The first
question is whether stopping a cyclist for a traffic violation is legitimate: A bicyclist on the public roads must follow
the same traffic laws as a vehicle. So,
the stop was legitimate.
The next
question is whether Mandel violated the traffic laws: An officer of the law has discretion as to
whether to stop a bicyclist, so this is a fact based question.
The final
issue here is the facts of the case; whether Mandel failed to stop a stop
sign. According to Mandel, the officer
told him “he did not come to a complete stop because his foot did not touch the
ground.” Mandel contends that “it is
reasonable that a good, experienced cyclist can stop and stand on the bike and
be at a complete stop.”
So, the real
issues here are whether the officer actually made the statement and whether a
bicyclist can come to a complete stop without putting his foot down.
I personally
believe Mr. Mandel is right. As a cyclist
in my youth, I did the same thing many times.
It was easier than my bad habit of riding no-hands everywhere (btw … Currently
illegal in Colorado). Now all the
bicyclists in Colorado say it with me … Any decent cyclist can stop and stand
on his bike !!!
Mandel’s argument
relates to a driver “stopping” at a stop sign on a hill and rolling slightly
backward. I don’t think that an officer
would ticket the driver for not staying at a complete stop. When driving a car with a stick shift, you
can come to a complete stop without the brake lights coming on. You shouldn’t get a ticket for being at a
complete stop just because your foot’s not riding the brake pedal.
Colorado and the City of Denver have many seemingly obscure bicycle laws. Circle Law can help sort out your options if you’ve been ticket with riding your bicycle.
