Got a $130 traffic violation whilst running in a neighborhood street

Triathlon Forum
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June 1, 2017 I was on my regular afternoon run around the neighborhood, about 5:15pm. I run this particular route several times per week, and have do so for the past 5 years. Typical neighborhood street - not too much vehicle traffic - and for the less than 1km distance that I am one this street I see less than 10 cars. BUT, there are lots of pedestrians, and lots of dogs - owner’s walking dogs, leached. Typically see about 5 dogs on this street alone, popular for dog owner’s I suspect because there is significant afternoon shade due to a hillside.

Anyway, due to the dogs, bulk-trash pickup on the sidewalk, cars parked over the driveways, I typically run on the road on this street - two-way traffic and some parked cars on both sides. I run on the side of the road facing oncoming traffic.

So June 1 about 5:15pm I get stopped by an on-duty uniformed police officer from his vehicle - says I should be on the footpath and I explain that there are a lot of dog owner’s, and one particular dog owner that is an older women and has 3 dogs that I regularly encounter, so I run on the road, in close proximity to parked cars with full visual of oncoming moving traffic.

He says I am going to be ticketed so I state that I will contest the ticket - he ask me if I have any ID (which I don’t), so I give him my full name and address and get stung with a $130 ticket.

I admit to the count “with mitigating circumstances” and provide a written statement that was near 2 pages - explaining that I have been running for 44 years, lived and ran in 4 countries, no moving violations, yada, yada. July 28 I get a letter from the court with a judgment of “dismissed with prejudice”.

So all ended well…but what still pisses me off is the departing words from the officer after I got the ticket:

*“…Now you jog safely out there”. *

Jog! What the f—! I run, not jog.

Anyone else got some ‘running’ violations they wish to share?

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One man’s jog pace is another man’s run pace…

Perhaps if you were running at a pace he thought was running - he would have left you alone?

3

was the police coming towards you when you were running on the road? I will run on the road in my neighborhood where traffic is pretty quiet but if a car is coming towards me I just hop on the sidewalk for a brief moment until they pass. not sure if that would have made a difference in your case or not.

4

I’ve never actually gotten a ticket for running. But I did get pulled over by a cop once a few years ago. My mom, like most old folks, migrates to Florida for the winter. I used to drive her down there and back each year and would try and get in a run if I stayed the night.

This was on Longboat Key - there is just one main road running along the key. Like in your case, there is a sidewalk, but it was filled with people walking, walking their dogs, and cycling as well. I hate running on sidewalks anyway as they are usually uneven and sketchy, not to mention the concrete is harsher on the old joints than the roads. I always run on the road.

Got stopped by a cop and yelled at rather nastily telling me there was a sidewalk for running on and the road was for the cars. Told me if she caught me again I’d get a citation. I could hardly believe it. Never heard of such a thing. Been running for 36 years and most always on the roads and that’s the only time I’ve ever been told not to or had any issue.

5

My husband got stopped while riding his bike once. He thought for sure he was going to get a ticket. Instead the officer thanked him for riding safely and then gave my husband a voucher for a free turkey (this was in November). It was very odd, but we got a free turkey.

But to call you a jogger… the nerve. Maybe it was a power play. Or the copper has only ever jogged and doesn’t know better.

6

Did you not read the ST forum rules that say any time you get nailed on the bike or run by a cop the standard answer is “my name is Dan Empfield” and say you have no ID on you and give them slowman’s address off this website???

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Maybe, just maybe in his own way he thought he was doing you a favor. Some folks are just ignorant to what is reasonable or not and make their own assumptions. If not that, then he was just in a bad mood and looking to take it out on you.

I was once pulled over once by a cop because he thought I was taking up the road (biking). In actuality I was getting ready to make a left hand turn. Can’t safely do that from the right hand side of the road. He just made the assumption I was riding like that ALL the time and didn’t consider the circumstances.

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I would assume that the laws are fairly similar around. In Maine it states:
§2056. Pedestrians

  1. Pedestrian traffic. When use of a sidewalk next to a public way is practicable, a pedestrian may not walk on that public way.

  2. Pedestrian on way. Where sidewalks are not provided, a pedestrian shall walk facing approaching traffic on the left side of the public way or the way’s shoulder when practicable. An operator of a motor vehicle who is passing a pedestrian on a public way or the way’s shoulder shall exercise due care by leaving a distance between the motor vehicle and the pedestrian of not less than 3 feet while the motor vehicle is passing the pedestrian. A motor vehicle operator may pass a pedestrian in a no-passing zone only when it is safe to do so.

In this case it would come down to what is ‘practicable’. When I run, I do not run on the sidewalk, I do not think that it is practicable to run on the potential broken pavement, and over the curb cuts etc, as well as for people that might be walking, and dogs, etc. Glad to see that your fine was dismissed.

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*“…Now you jog safely out there”. *

Jog! What the f—! I run, not jog.

Who the fuck says “whilst?”

I call it a wash

10

Who the fuck says “whilst?”

Dirty pommies do.

11

What state did this happen in? I run on the street all the time!

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I don’t understand why the court dismissed it. Legally, sidewalks are for pedestrians (which includes runners), roads are for vehicles (to include bikes). I run on the road all the time, just like most of us presumably do, but I’m not under the illusion I’d have a legal claim if I got a ticket for it. Am I missing some nuance here?

13

Honolulu, Hawaii.

Similarly, I (use to) run on the road all the time too.

14

I too am “not under any illusion I’d have a legal claim if I got a ticket” but given my verbal answer to the officer why I was running on the road (multiple dogs on leaches) I think it was a ‘dick move’ by the officer to issue a ticket - a stern, finger-shaking would have sufficed, and probably would have provided more positive ‘community-relations’ than issuing a ticket.

The court dismissed it probably because I admitted to the count, and then provided a plausible written statement of explanation.

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I too am “not under any illusion I’d have a legal claim if I got a ticket” but given my verbal answer to the officer why I was running on the road (multiple dogs on leaches) I think it was a ‘dick move’ by the officer to issue a ticket - a stern, finger-shaking would have sufficed, and probably would have provided more positive ‘community-relations’ than issuing a ticket.

The court dismissed it probably because I admitted to the count, and then provided a plausible written statement of explanation.

Agreed a verbal warning would have been more reasonable than a ticket.

Our courts don’t work that way, but I’m glad the court sided with you over the officer even though you confessed the crime. :slight_smile:

And I assume we’ll both keep running in the roads when it’s not practical to run elsewhere.