Quote:
Originally Posted by habs
I just got issued a Summons under Municipal Bylaw 52M87 section 6 (3) 'Bike not on Rack' while stopping off at Caffe Rosso to grab a cup of coffee.
I'm all for keeping society safe - but my bike was leaning up against a wall. The officer was smirking and loving every second of it. I kinda feel like this is our tax money being squandered away... why not just inform me of the bylaw and educate me? My court hearing is May 16th.
Do you have any advice you can throw my way?  |
I think you could prove that the bike wasn't "left on the mall". It was under your observation and within your control at all times. How else was the "officer" able to determine that it was your bike. If you had just left it on the wall, it would likely have been stolen.
Are there an adequate number of bike parking spots on the mall? Are they secure? Were they full? How far was the rack from the wall? What color was your bike, did the bike have a motor on it? If so it may be classed as a moped, not a bicycle. Does the officer understand all the differences between classes of bikes and motored bikes. Chances are he doesn't and won't be a credible witness when properly questioned. Ask as many questions of the officer as you can. The more he gets wrong, the less credible he is and higher chances of dissmissal. It helps to have evidence - pictures of the area, pictures of full bike racks or no bike racks. Figure out how to properly submit these as evdence.
The above is if you actually go before the court. Research discovery and what things you can demand they provide. Ask for dismissal if they don't get you this info. Ask for continuance - likely the offcer will have a lot of appearances scheduled for the same day. Continuances will put it to a day where he may be less likely to show up.