Stopped by the cops!

In 2013 on a Sunday morning around 10:00 AM I was riding in the bike lane on a fairly long steep down hill portion of road. I was probably going 18 mph when I hit the top of the hill. Gave it a little gas then began coasting down hill. At near the bottom a Prescott officer pulled up behind me quite close at about my 7 o'clock. I was watching the stop lite that was coming up and didn't notice he was there. He then hit what sounded like a fog horn and scared the livin sh*t out of me. When I pulled over he asked me about the bike, and said I would be getting a ticket. The ticket statute was that it is prohibited to operate, park, or leave unattended a motor vehicle in the bike lane. I explained to him it was a 48cc motor assisted bike and was not classified as a motor vehicle. He said do you really want to argue with me? I said no and took the ticket. The listed speed was 27 MPH.

I fought the ticket in court. While in court I watched every single person that went before me found guilty. I was the last to be heard. I had with me a pic. of the bike and a copy of the law governing MB's. I gave the pic. and copy to the Judge. Recited the law, and explained that I was coasting down the hill with the engine running and the clutch in. I admitted that the speed was a little high but I was coasting and guys on road bikes pass me often on that stretch of road. They don't coast there and to go much slower is more hazardous to cyclists than to simply coast. I was finding the happy medium of safety in this situation.The Judge was familiar with the road and how steep it is. I also explained the manner in which the officer decided to begin his stop. What would he have done had it scared me enough to panic and fall in front of his car 2 feet behind me going 27 MPH. The judge then asked The Officer about the stop, and of course he disputed my description and his proximity to me, then he said something that made me think I just might have him.

The officer said that I was in the bike lane, was not pedaling, he could hear my engine running and that he "felt" that that constituted me operating a motor vehicle in the bike lane, and I should have been in a regular lane of traffic at that point.

The Judge looked at me so I replied that I could understand how the officer might "feel" that way, but we have written laws that govern motor assisted bikes that state they are not motor vehicles. I am to stay as far right as safely possible unless avoiding a obstacle or making a left turn, I am to ride in the bike lane when provided. So if rather than complying to the law we just have to assume how each individual officer "feels" than we may as well through the laws away and start learning how to read minds.

The Judge looked at the officer and said "I have a real problem with this". Do you mean to tell me if I am in the bike lane and I stop pedaling that you "feel" I need to immediately move into regular traffic ? Don't you see where this might cause potential danger for the person on the motorized bike and the people in regular traffic as well?

In order to let the officer save a little face the Judge said that She would like to look into this a little further and would contact me with her decision. A few days later I got a letter saying the court finds me not responsible for the stated violation.
I bet she wrote that letter right after the hearing. Of course after chewing the cop out lol. It just took a few days to arrive.
 
If the ticket would have been for excessive speed he probably would have won, but that's not what he wrote it for. I wondered for a while if he would screw with me to get even. It's a small town so I see him now and then. So far not a single problem. He was clearly pissed off when I left the court room. I just couldn't help taking a glance at him on the way out. Just a nod no smile. That was all inside.
 
If the ticket would have been for excessive speed he probably would have won, but that's not what he wrote it for. I wondered for a while if he would screw with me to get even. It's a small town so I see him now and then. So far not a single problem. He was clearly pissed off when I left the court room. I just couldn't help taking a glance at him on the way out. Just a nod no smile. That was all inside.

Maintaining your composure in those situations is admirable, why to go! I would have tripped over my own tongue
 
We also have some really good cops in this town too. I use to live in a apartment building here. Their was a little old lady living across the court yard, and one day she came over asking me for help to catch a small dog that was loose and seemed troubled. The dog was blind. I cought it and she kept it at her place till the cops came and got it from her to take to a shelter. The cop came back the next day to let her know that the dog was returned to it's owner. He didn't have to do that, but he was kind enough to think about her feelings and set them at ease. I was pretty impressed and made sure to let him know it.
 
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