What To Do If You Get a Summons While Riding Your Bike
We are fighting back against Mayor Adams’ war on biking — and it’s important to know what to do if you get caught up in it
This spring, Mayor Eric Adams launched a war on cycling, criminalizing minor traffic violations for people on bikes.
A few weeks later, despite widespread opposition, he escalated, proposing a 15 mph speed limit for cyclists. The hypocrisy is astonishing — and dangerous — as these policy changes apply to people on bikes, and only people on bikes. Someone running a red light in a 5,000-pound Ford F-150 truck will get a minor traffic violation ticket, while someone rolling through the same light on a 50-pound bike could be sent to jail. If Mayor Adams gets his way, that 5,000-pound truck will be legally permitted to travel much faster than your bicycle. What’s worse is that the NYPD is focusing its enforcement on some of the most dangerous streets for people on bikes — without doing anything to redesign these streets for safety.
Transportation Alternatives is aggressively fighting back against these nonsensical and dangerous plans — but as we fight, we want you to be prepared. Mayor Adams' war on biking has begun, and already criminal summonses for cyclists are up 4000% — so you or someone you know may have already gotten a summons.
Here’s what you need to know if you get stopped by a police officer on your bike:
Be Cautious at the Scene
If a cop says “stop” and you do not stop, you can be arrested. NYPD officers have been documented tackling, driving into, and pulling tasers on cyclists who commit minor traffic violations or do not stop when ordered.
If something about your legal status means that you will be arrested even if you stop — for example, if you have open warrants or an uncertain immigration status — you will need to use your best judgment and proceed at your own risk.Do not answer any questions. Officers may try to engage in a fishing expedition by asking, “Do you know why I stopped you?” Anything you say can be used in court, so your best answer is “No, I don’t know why you stopped me.”
You can also stick with the classic, “I would like to remain silent.”If the officer tells you why you were stopped, consider a little fishing of your own. It may help to ask, “Really? Are you sure?” Any doubt on their part may help you in court. The officer must witness you committing a violation, and be sure it was you, to issue a ticket. In New York City, you never have to consent to a search of yourself or your belongings unless you are under arrest. Police have to ask for your consent, and you can say, “I don’t consent to a search.”Caution is your friend here: be polite, do not get into an argument, keep your hands visible, and do not say anything about what occurred.
And remember, it is perfectly legal for a police officer to lie to you.
A note about identification: Although you are not required to carry official photo identification in New York City, if you are stopped, the police are allowed to verify your identity. If you do not have an official photo ID to show them, they may take you into custody and to their police station so that they can verify your identity through other means. It is advisable and worthwhile to carry your driver’s license or NYC ID at all times.
Document Everything
Whether or not you committed the violation in question, feel that you were falsely accused, plan to contest the ticket, or plan to pay the fine, it is still best to gather evidence in your defense at the scene while you can. Photograph the street where you are, where the police officer was located when you allegedly committed the violation, where you were, and the traffic signs, signals, and lanes. If anyone else witnesses the event, get their name and number. Write down what the officer says. Take a picture of your summons in case you lose it. Record officers’ badge numbers and patrol car numbers.
Note where the officer was when the violation allegedly occurred, where you were, whether the officer had a clear line of sight, and what traffic, road, and weather conditions were like. If you are alleged to have run a stop sign or red light, note whether the stop sign was visible or concealed and whether the traffic light was working or not working. If you proceeded on the walk signal prior to the green light, this is legal in New York City — write it down.
Determine Which Type of Summons You Have
You can receive two types of summons for riding your bike: a B summons (a traditional traffic violation, usually yellow in color) or a C summons (a criminal violation, usually pink, similar to what you might receive for drinking in public or jumping the turnstile). Mayor Adams’ war on cyclists started with a policy change: Elevating six minor traffic violations to criminal violations. Now, cyclists accused of (1) reckless driving, (2) operating under the influence of alcohol or (3) drugs, (4) driving the wrong way, (5) disobeying a red light, or (6) failure to stop at a stop sign can receive a C summons. But you can also still receive a B summons for these violations. It is important to figure out which type of summons you receive, because that will decide how you respond.
Respond to the Summons
If you receive a B summons, you have two choices as to how to respond: You can pay the fine or request a hearing to dispute the ticket. The latter is a good choice if any information on the ticket is incorrect or you feel the ticket is unwarranted. You have 30 days to respond. If you decide to pay the fine, make sure that you do not pay the $88 motorist-only surcharge on the fine; this does not apply to people on bikes.
For equipment violations, like a missing bell or bike light, you may avoid having to pay by fixing the violation, asking your local precinct to certify in writing that your bike is equipped correctly, and then bringing that documentation to court.If you receive a C summons, you must appear in court on the date listed on your ticket. If you fail to appear, a warrant will be put out for your arrest. In court, you can present a defense or plead guilty — or the judge may throw out the charges. If you plan to present a defense, you may want a lawyer. (A list of New York City lawyers who work on these issues is at the bottom of this page.) We have seen evidence that judges are dismissing the vast majority of criminal bicycle summonses.
Fight Back
No matter how you deal with your individual summons, Mayor Adams’ war on cycling is unjust, overbroad, and deeply misguided — and Transportation Alternatives is fighting back.
Everyone needs to follow traffic safety laws, but there is no justifiable reason to enforce those laws more aggressively for people on bikes than for people in cars, and even less reason to have more restrictive safety policies (such as a lower speed limit) only for people on bikes. No one should risk jail time or an encounter with immigration services just for riding a bike. The truth is that more than 99% of people killed in traffic crashes are killed by cars, and our policies should prioritize reducing the greatest threats to New Yorkers' lives first. You can take action to fight back against the war on cycling by sending a message to your elected officials.
Bike Lawyers
Transportation Alternatives is frequently asked to connect people on bikes with legal counsel. While we do not endorse any particular lawyer, those listed below have supported Transportation Alternatives in the past, and we provide their names and contact information for the convenience of our members.
The Law Office of Peter W. Beadle
(917) 960-8874
New York Bike Lawyers
888-290-5994
Howard S. Hershenhorn
212-943-1090
Lucarelli & Castaldi
718-556-1800
David Rankin & Mark Taylor
212-226-4507
Barton Slavin
212-233-1010
Vaccaro Law
Phone: 212-389-6480
Email: info@vaccaro-law.com
The Law Office of Adam D. White
212-577-9710 (phone)
