The Chainlink

10+ years of commuting, and I finally got one! Stop sign at Haussen, which is just south of Belmont on Milwaukee. I did my usual Idaho Stop timing: check the crossing guard, watch the timing of the traffic, follow the car through going my way on my turn. Head up, checking both directions. He maintained that I didn't even slow, but I hate it when people at/close to an intersection are watching a moving vehicle and trying to say they can tell when it slows.

I've had this discussion before...at a mostly straight on angle, a slow of 3-5 mph means a good 5+ second difference on when you cross intersection, and that is imperceptible to a viewer at that angle, but whatever.

Also, officer and I had a nice discussion afterwards, so there was no animosity. But I thought I'd share the story.

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He's going to ticket you, but I guess you could lie and give a false name and address if you're into that type of thing. It might not go over too well when he sees you commuting at the same time everyday. 

Yeah, I'd rather not compound anything myself. If an officers asks for identification and I have it, I'm going to provide it. It's one thing to argue over an Idaho stop. It's another thing to start breaking other laws.

If there are more riders, this will become more of an issue (not having a drivers license, different court situations for bikes vs. cars), but I'm not sure this is the case to use to use to try and establish a new precedent.

https://www.flexyourrights.org/faqs/when-can-police-ask-for-id/

You can say you don't have any ID on you, and you can refuse to identify yourself, but if an officer of the law has reasonable cause to suspect you of any illegal activity they can choose to take you in to the police station to confirm your identity and check your criminal history for wants and warrants on your record. This process can legally take up to five hours plus to complete. So, you might be better off time wise dealing the situation as best you can by presenting proper ID and giving the officer your name and asserting your legal rights after that.

ID laws varies from state to state.

This information is not intended as legal advice.
Please consult with your attorney for the proper advice.

I get that, but I'm definitely in the camp that on the way to work is not a time to take a 5 hour detour to test my constitutional rights. It's just not worth it in that case for me.

Yes Madopal, I believe that you did the right thing with the bike ticket ordinance violation, but my response was directed more towards CL member Asa4 question,

Asa4 asked,
"A friend and I were talking about your case and we were kind of wondering if he asked for your driver's license or i.d.?  Can you say, you don't have one on you? You were just going out for a bike ride? "

Even in a bike ticket situation, if the officer wants to take you in for no ID on your person, he can legally. And even more a reason for him to take you in is for refusing to give him your name and address.

Sorry, misreply then. Good point, always good to know the facts.

How would you assert your rights after that if you've already consented and suffered no damages? I wouldn't want to spend five hours at a police station either but I will support the rights of those who do.

And it's done. I fought the law, and I won. Case dismissed.

IANAL, but I'm assuming they write so few bike tickets that this one was misfiled somehow? Any lawyers could maybe explain what happened?

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