The Lawbreakers: Episode 1: Where the Lawbreaking Begins

[XLFD]

(Thus begins one man's journey into small town politics and corruption, where he starts off as the Lawbreaker-- a mantle that will find itself applied on many other people's backs in this odyssey)

On August 25, 2008, I was mere blocks away from finishing up a refreshing 40 mile bicycle trip cruising east on Loomis towards William St. in Ludington. I let my bike decelerate naturally down to about 8 mph as I came up to the intersection, diligently checked to the north, where vision is blocked by bushes, took one last glance south, and began to accelerate as I crossed, as I had noticed no other road-user either way. Midway through, I picked up my front-mounted cell phone to check an incoming call.

An LPD LEO (Ludington Police Dept. Law Enforcement Officer) had saw me not stop completely at the stop sign at that intersection, and pulled me over. The following is my recollection of our conversation (no dash-cam on my bike, sorry!).

LL: "Do you know why I stopped you?"
X: "I would guess it was because I didn't fully stop at that sign back there."
LL: "Why not? Aren't you supposed to?"
X: "I find that it's a lot safer for me to ride through a clear intersection rather than stop without a reason-- just like all the other cyclists I know."
LL: "Well, a bicycle has to stop at a stop sign just like a car."
X: "Does it? I'm going to ride in a manner that allows me to get home in one piece, safely, and if you think that's against the law..."

Anyhow-- he did. He took affront to my safety concerns; he dismissed my later observation that the stop sign was out of place (and still is, BTW); he bristled when I snickered reflexively after he asked for my driver's license. I got a citation for violating state law 649.

Prior to this stop, I prided myself as a law and order guy-- someone who not only worked side by side with LPD LEOs in my capacity as a firefighter on the LFD for 8 years, but someone who looked at them with respect and admiration. I still did; but this officer tested those limits.

In the next week, I had found three strong defenses for my innocence, the big one being that I was right: there was no law (or combination of laws) that conclusively said a Michigan bicyclist shall stop, stand, or park at stop signs. The second being that the sign was indeed egregiously out of place, and hence invalid for any purposes, according to law. The third being that state law 648(1) declares a bicyclist has some right to decide when a stop can or can't be done in safety. Instead of paying the fine, I denied responsibility-- I was going to fight for my safety and to validate the laws of our state.

After sending in my ticket with a brief humorous note to the 79th District Court, I got a reply from the Magistrate that the levity I had used was 'sarcasm not appreciated by the court' and I had a choice between a formal hearing or an informal hearing, judged by her. From the overall tone of her reply, I figured my guilt looked certain from her, and chose the formal (figuring I would get a fair shake from Judge Wadel) in a letter on 9-13-08.

Eleven days later, I am entering fire reports on the state database after a LFD meeting, when I am called into a fire officer's meeting unexpectedly. The defecation was about to hit the wind turbines. (end of part 1)

Questions for discussion:
1) Is a cyclist who properly yields to traffic at a stop intersection required to stop (i.e. completely cease movement) by Michigan law? If you believe so, please explain and elaborate on why a motorist does not have to shut their engine down like a cyclist would have to, and park in an area illegal to park by law.

2) Is it safer for a cyclist to stop, or not stop, at a stop sign when they are able to determine there is no traffic approaching? Explain.

3) The stop sign in question, is still over 20 ft. beyond the crosswalk, in clear violation of Federal standards/laws on down. It has been that way at least until the city marina was established. Despite continued pressure by me over the last 15 months and intervention by the MI DOT (which has overseen the moving of 2/3 of the city's dozen misplaced stop and yield signs), this sign remains standing defiantly where it was. Is the liabiity and safety issues this poses acceptable to you as a citizen and taxpayer of the area (if applicable)?

Go to Part 2

[XLFD]

With the new construction completed on South William St., the William-Loomis stop sign has been relocated beyond the crosswalk, as it should be legally. The whole intersection is a bit safer, but the hedges to the north still should be either cut back a bit, or thinned so that gaps are between the hedgerows, as per the FHWA guidelines, and local law.

[XLFD]

Yesterday was the two year anniversary of my brush with the LPD officer over this illegally placed sign. Interestingly, yesterday at about 10:20 AM I was riding my bike up Dowland towards James Street, and saw a LPD Tahoe coming from the South cross Dowland without stopping-- it decelerated to about 15-20 mph and continued through. Just in case you don't know, there was a stop sign he ignored there. I was within 100 ft of his vehicle at its closest.

I had to follow, to see where it was going in such a hurry. He moderated his speed and took the detour past the filming east (he was not being filmed), and turned into the courthouse parking lot. A tall, lanky blonde man, LPD officer, got out and non-hurriedly went into the courthouse. Did I report it? Just here, on The Ludington Torch!

[Mary A.]

Your day of infamy, X, never to be forgotten.

I routinely see cops taking liberties with their driving. They take the old saying "do as I say, not as I do" to heart. I guess they think it's one of the perks of the job.

[XLFD]

The major problem, Mary, is that if you do complain you either have to complain to the police agency, and rarely do they discipline their own, or to the city manager, who will generally go out of their way to not upset the PD. Volunteer firefighters on two wheels have no such immunity, however ; )