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Staten Island cyclist assaulted by motorist for being in bike lane
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Some Staten Island motorists are, in fact, in favor of bike lanes--as long as they get to drive in them, too.
This morning at 9 AM, cyclist Gregory DeRespino incited road rage among his motorist peers for merely sitting at a stop light in the bike lane on Father Capodanno Boulevard, SI Advance reports. Apparently, DeRespino's presence prevented them from using the bike lane as a turn lane to make a right on red.
Tension was high as some irate drivers honked and yelled. As the light turned green, De Respino did not move from his position in the bike lane, claiming he was "frustrated and fuming...trying to calm (him)self and have a drink on a hot day."
The situation turned ugly when motorist Michael Graziuso of Eltingville returned on foot. A witness confirmed allegations that Graziuso grabbed the back of the bicycle, pulled it up while DeRespino was still mounted, pushed him off the bike, kicked him, and left the scene. Graziuso was arrested soon thereafter on charges of third-degree assault and second-degree harassment.
Though NYC traffic law permits a car to cross a bike lane to make a turn at an intersection, a motorist must first check to ensure that there is no oncoming traffic occupying the bike lane. Additionally, the law states, "Notwithstanding any other rule, no person shall drive a vehicle on or across a designated bicycle lane in such manner as to interfere with the safety and passage of persons operating bicycles thereon (Sec 4-12.p.1-2)"; namely, they are not allowed to prematurely enter the bike lane and use it as a turn lane at any time.
Conversely, the law also states "No person shall stop, stand, or park a vehicle in...bike lanes" (Sec 4-08.e). Some argue that DeRespino made the situation worse by not continuing after the light changed and bringing up the fact that he was in technical violation of the law.
There is also, however, a general moral boundary of not getting out of one's car and assaulting another, regardless of how much the victim may have annoyed the assailant.
This intersection has come under scrutiny of late, as it was the nexus of a ticketing blitz on August 6 pinpointing--surprise, surprise--drivers using the bike lane to make a right on red.
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