In recent months, an unknown number of cyclists have been stopped by police who give them tickets for riding outside the lines of a bike lane on a New York City street. In at least one case, the cyclist was told his was a criminal case. When he went to court to fight the ticket, a judge dismissed his case.
Apparently there is serious doubt about whether failure to ride in a bike lane is New York City law. What’s more, many riders say they are prevented from staying in a bike lane because cars are parked in it, or because so many streets have bike-swallowing potholes. Several of those with tickets have refused to pay a fine and insisted on a court hearing.
Steven Weiner, a cyclist who is a personal injury and general negligence lawyer with offices in Brooklyn says that cyclists who get criminal citations in this kind of situation not only can demand that the police withdraw the charges, they might be in a position to make a claim of “malicious prosecution” against the NYPD.
Weiner said today that as a member of the bar as well as the New York Cycle Club, he might be willing to represent a rider presented with a “failure to use bike lane” citation.
“Being aware of cycling problems, sometimes lawyers just have to take a stand,” he said. “My feeling is we can’t change the world but maybe we can have an impact one case at a time.” A cyclist would have to invest some time and money but could conceivably wind up winning a few thousand dollars from the city. Weiner’s firm collects a percentage of the monetary award as its fee when it wins a case.
The NYPD did not respond to either a phone call or an email asking for more information about this kind of violation.
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