A few days ago in a small Orlando, Fl. suburb of Lockhart, a 51 year old man was given two citations of $164 each for not coming to a complete stop and driving the wrong way on a dead end road. The infractions will cost the recovering severe heart attack victim up to $328 in fines, and 7 points on his drivers license. All for following doctor's orders to get out and exercise more.
APOPKA, Fla. -
An Orange County man is facing $328 in fines and seven points on his driver's license after deputies pulled him over while riding a bicycle.
It happened in a rural neighborhood in Lockhart at the intersection of Merritt Road and Clark Street, two narrow, dead-end roads south of Apopka and just west of 441.
After suffering a massive heart attack in September, Gary Elswick, 51, says he was following doctor's orders to get exercise when he decided to go on a bike ride.
Elswick says it was his first time riding a bicycle in 25 years and he had no idea that he was breaking the law when he hit the road just before dusk Tuesday evening.
"I was riding in the middle of the street. I come to the stop sign, I looked both ways, I didn't put my foot down, but I just eased on cause there was nothing coming," said Elswick.
Elswick said that's when he heard the deputy's sirens.
"I thought he was going to go around me, but he come whizzing right up beside me and jumped out and told me I'm getting two tickets," said Elswick.
Orange County deputy Jovani Santo-Hernandez wrote Elswick two citations each for $164. One violation was for failing to come to a full and complete stop, the other for driving the wrong way on a one-way street.
But Elswick said he was not riding on a one-way street, but rather a dead-end street. In fact, all of the streets in his neighborhood are so narrow, they don't even have painted lines to divide the roads. Also, Elswick says prior to this, he has never even received a speeding ticket.
"I couldn't believe it," said Tammy Elswick, Gary's wife.
The moving violations will also put seven points on Elswick's driver's license. According to the Florida Bicycle Association's Executive Director, Tim Bustos, if Elswick does not fight the tickets and pays the fines, the two citations will likely go on his driving record and could affect his automobile insurance rates.
"For them to not give a warning and just throw out $328 worth of tickets is a hardship for us," said Tammy Elswick. "We were riding a bike. I mean, for heaven's sake. There's real crimes going on out there and that's what they should be worrying about."
Tammy Elswick said this is not only a hardship for them, but should be a warning for anyone who owns a bicycle.
"I (asked the deputy), 'So you're telling me if my 2-year-old granddaughter is out here on her bicycle, you're going to give her a ticket cause she's riding her bike just right here in front of me or something?' He goes, 'No, that's against the law and we're going to give you the ticket,'" said Elswick.
Local 6 asked the Orange County Sheriff's Office for dash cam video of the incident and for an on camera interview to talk about bicycle rules. In an email to Local 6, a sheriff spokeswoman said deputies assigned to patrol do not have dash cams and said that no one would be available to answer our questions. Instead, sheriff spokeswoman Ginette Rodriguez referred Local 6 to the Florida Highway Patrol, "since they are the experts in traffic." She also stated, "bicyclists are subject to the same traffic laws as motorists."
http://www.clickorlando.com/news/Central-Florida-man-faces-fines-po...
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Aquaman, I added the written article you included as an attachment, in your heading so as to elucidate more on the original link, all should check out the video in the news story.
But I also want to share this video of another bicycle stop I reviewed earlier today, which went viral. The bicyclist had a helmet cam running during the encounter and caught a policeman with a Jones for ticketing a bicyclist on the bike path for traveling too fast (on a classic one speed bicycle!?) and riding on the wrong side of the path (when passing).
View more videos at: http://nbclosangeles.com.
In the 10-minute clip, a cyclist turns on his helmet camera and records the interaction, which drew a handful of onlookers who protested that the cyclist had done nothing wrong and that the officer needed to address serious crime in Venice.
The bicyclist, who identifies himself at 34-year-old Chris Jackson of Venice, was posted after Thanksgiving weekend, when he was ticketed for speeding after telling a motorcycle officer was blocking the popular bike-only path.
On Friday, Detective Gus Villanueva of the Los Angeles Police Department's Media Relations Section said that the "ticket had been canceled in the interest of justice." The department is conducing a personnel investigation into the conduct of the officer involved and would not comment further, Villanueva said.
In the video, Jackson states that he had passed the officer's motorcycle and complained that the vehicle was blocking traffic. The officer, identified only by his surname, Gravey, pulled him over shortly after.
A sad commentary on what's being treated as crimes nowadays.
Thanks for the help X, it's a sad sad day when this kind of Law Enforcement permeates the fabric of our society, and for what, just exactly? Justice? Law breaking? Or just a farce on our Rights? Or another guys kind of duty? Serving and Protecting who? Wth kind of Duty is this? This is a true injustice of Law Enforcement at it's best in the USA today, and how about the other laws being broken while this lacky writes this ticket? Stupidity seems to reign supreme these days, and is it any wonder, even our youth cannot support LE in daily life when this kind of SxxT keeps happening?
"Law Enforceent" should be out patrolling our school neighborhoods for crazies with 10-30 round clips of 9mm glock ammo, ya know a pistol like was used in Newtown, strapped to there belt headed into a school.
So when I ride circles in the street to wait up for those walking I am a big bad law breaker right? would they call it disorderly bike riding, or a U-turn or what?
I can understand if your riding through a downtown area full of traffic during the summer jammed with cars and traffic then stay going forward and in your lane, use signals to turn, and be careful at stop signs( full stops are great opportunities to tip over so the rolling stop like most cyclists use is much safer). But somebody in there 'neighborhood, or on side streets should be able to ride any which up and down the streets for fun unless there is traffic coming. Isn't that the point that most kids have a bike for is to have fun and get exercise, not to drive it like a car?
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