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

[AQUAMAN]

Looks like you get the 10-4 here, not local-yocal LE. So, that defecation part, can you elaborate yet? I know, wait for part dos manana. Adios and buenos noches, amigo. Har!

[XLFD]

Can't elaborate just yet. In true episodic fashion, reminiscent of serials of yesteryear, I need to end at a cliffhanger and restrict discussion on things up to that point. Beyond this episode the bicycle-stop sign issue will be mostly irrelevant to the lawbreaking that ensues.

[Edie Lindsey]

I'm going to check out the law myself, thank you, but I have heard before that cyclists need to follow the same rules of the road as car drivers, and wouldn't that include stopping at stop signs? Heaven knows, I've seen kids riding against traffic and go thru intersections without a care for traffic. I'll take you at your word that there was no traffic around when you crossed, but I don't hold much against the cop for stopping you, after all, he probably dropped his donut when he saw you reaching for your cell. Also, I haven't ridden for years, so why is it safer to not stop?

[AQUAMAN]

I like that, dropped his donuts.

[XLFD]

Dooooh-nuts.

Edie, I will handle your questions/statements, as presented. Common perception of the law says that bicyclists follow the same rules on the road as drivers. This is close to the truth.

MCL 257.657 says that cyclists "shall be granted all the rights and shall be subject to all the duties" of motorists. A perusal of any law text will show you that a legal duty is the obligation you have to respect another person's rights, kind of like a 'negative right'. A motorist has no 'duty' to stop at a stop sign, he must do so by law (MCL 257.611 among others).

A bicycle, by MI law, is not a vehicle, and there exists no law that says they must stop. If they crash an intersection and inconvenience other road-users, they have violated other people's right of way, and so in that case they must stop (and cyclists that want to live-- do). I believe they should be ticketed in such an instance. If its a clear intersection, easily noted by a cyclist travelling slowly, nobody else's rights are at issue when he proceeds with caution. This is why Idaho has had a law for 26 years that states cyclists can treat stop signs as yield signs.

The index for the MI vehicle code has an entry for "duty to stop" and directs you to the laws on eluding a police officer (only); I stopped for my LPD LEO, and thus did my "duty to stop". Still not convinced? I have several more law and logic reasons for a cyclist not to stop, ten of which were posted at LT at one time, which also included why it is safer for everyone to not stop at a clear intersection. Here's the draft which contains 11 of my 13 reasons-- read it, if you dare.

[AQUAMAN]

Good post again X. Btw, how did that other fellow in Fl. make out on his bike ticket, the one you posted a few months back? Just curious.

[XLFD]

Brad Marcel's trial date was yesterday-- I think he stands an excellent chance if the law is applied fairly, but I haven't read anything about the outcome yet.

[Edie Lindsey]

Next thing you'll be telling me is that Santa Claus doesn't exist, Mr. X. OK, I can live and let live as long as you don't wind up on the front end of my jalopy. It kind of boggles the mind that in the middle of summer a local croissant-chaser would stop an adult bike rider for this instead of waking up DPW workers to move a sign to the safe and legal place it should be. That's Ludington for you.

[AQUAMAN]

She did it again, the croissant-chaser analogy. LOL, ROFL, PMP, LOLLL, et.al. Btw, those summer DPW's do a whole lotta beach patrols all day long, binocs. and all, and never even bother to leave the truck most of time I've seen em down der. LOL

[Haiku Confucius]

Where were the police
When I was getting held up?
Citing bike-firemen?

[AQUAMAN]

Never steal Wonton Soup from Confucius, may get empty bowl.

[Mary A.]

He he! Good one.