Quote:
Originally Posted by freedogger
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.
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If you decide to follow this advice, post the time and courtroom # so I can show up and watch.