Cyclists go to Court in Loudoun County

Doug Landau was the lawyer who offered to represent, pro bono, cyclists ticketed for running red lights during the MS ride.

On Sunday June 11th, a total of eight cyclists were stopped for this offense (Virginia Code 46.2-821) during the MS ride, by a police officer whose car was parked a full 300 feet away, with orange cones near the 7-11 “rest stop.” As the cyclists approached the stop signs, located on an open, rural road, they slowed down, looked both ways, saw no traffic and continued on their route around the “squircle” (a squared off traffic circle with 4 stop signs and a sidewalk running through the center). Rather than follow some of the cyclists through the middle of the square, these experienced bicycle riders thought going around the “squircle” would be safer. The police officer, who the cyclists thought was waving on participants in the Multiple Sclerosis charity ride, then proceeded to ticket them for not coming to a complete stop. No warning. Just a citation for a moving violation, with 4 points and a large fine as well!

The two cyclists he represented pleaded guilty to having insufficient reflectors/lights on their bicycles, which resulted in a much smaller fine, court costs and no points for a moving violation. Though, if you're riding during the day, I'm not sure if lights and reflectors are required. Mr Landau points out

Interestingly, one of the eight ticketed cyclists was present in court but chose to represent himself. He plead guilty to the original charge, was fined several hundred dollars in addition to court fees, and got 4-points on his record for disregarding a stop sign, with no mention on his DMV record that he was on a bicycle and not in his car !

It's always better to have a lawyer, that's one reason why I married one. Also, she said yes. Anyway if you ever need a Virginia lawyer for a bike related incident, Doug Landau might be a good place to start.

Comments

[Scott]

I'm not a lawyer, but I'm surprised they didn't argue from the principle of "de minimis non curat lex" - "the law is not concerned with trivial matters." Coming to a near-stop at an intersection with no traffic within 300ft may violate the letter of the law, but, like driving 26 in a 25 zone or stealing a paperclip off the floor, it seems absurd to try someone in court or levy fines over that. Do they fine everyone who spits on the sidewalk in Loudoun?

[TruthSeekerVA]

What about the two cyclists who ran a stop sign in Purcellville, VA during this ride? They got into a road rage incident with an elderly man and assaulted him in front of his grandson. The two were charged with assault. You also are not telling the whole story. Five of the eight cyclsits who ran the stop sign admitted guilt by paying their fines and had points added to their license.

[Washcycle]

It's true that I'm not telling the full story. But I'm telling all of it that I know. If you know more, I'd be glad to post details. No one has denied that they technically broke the law.

[ibc]

If cyclists are getting points for slow rolling stop signs, surely these folks should be facing jail time, right?

http://www.youtube.com/watch?v=RGA3YhfsHhY

[Simon]

"De minimis not curat lex" is only a principle in civil litigation. In criminal matters, it's well-established that judges don't meddle in prosecutors' discretion not to prosecute, unless it's clearly unconstitutional (i.e. only prosecuting black people for a certain crime, or something to that extent).

[Scott]

Thanks, Simon. Still absurd changes, then, but not unlawfully so.

[Sam]

No good deed (for bikers) goes unpunished !

Called in at the "24th hour" the bikers' lawyer is being "second guessed" by a bunch of "Monday morning quarterbacks." I can't believe some of the comments I've read. Landau, who does not even specialize in criminal or traffic cases, seems to have sensed that these cyclists were not out to break the law, endanger others on the road or take "short cuts." With 4 of the 8 not even speaking up or challenging the ticketing, points or fines, these bicyclists and their lawyer showed courage. Another cyclist further prejudiced their cases by pleading in court. He was sentenced to a fine, points and court costs. Yet Landau went through the entire docket where not one single stop sign or stop light charge went in favor of a defendant motorist or cyclist. The bicyclists' lawyer was able to get the stop sign charge dismissed: no points on their spotless records. And I am not even going into the charity, rest stop or "entrapment" aspects. Don't even get me started.