I'm by no means an expert on police citation procedures, but I don't think there's a specifically quantifiable answer to "how reckless does a driver have to be." As Robbie points out there are reporting thresholds, but a report does not necessarily determine whether a citation is warranted. Officers do have a fair amount of discretion, and probably weigh a lot of factors. Citations can come later, too, so if Aaron gave the driver's info to the officer, it's possible he or she will do further investigation and could still issue a citation. And Aaron, you could follow up with the officer and lobby for that if you're so inclined.

Mark C.

On 5/20/2014 9:14 AM [email protected] wrote:
Aaron,

In situations like, you're not always thinking clearly. You're probably focusing (understandably) on your family's safety. It really shouldn't be your call as to the consequences for the offending driver. The police officer should have taken the issue more seriously.

I'm cc'ing our alder (Hi Mark!) so we can ask directly:

How reckless does a driver have to be to get a ticket?


Quoting Aaron Crandall <[email protected]>:

It was technically an illegal left turn on red from Mills onto University, and the motorist simply was distracted and not realizing that he had a red light...was treating it as a stop sign in error. He was stopped, but unfortunately when there was a break in traffic on University, he decided to start turning with me and Mali in his way.


The reason for him not getting cited was partly my fault, because I didn't push the issue and he was definitely shook up and extremely apologetic to his actions. In hindsight, I should have kept him there until the Police arrived and allowed the Police to decide whether or not to issue a citation... I'm guessing this incident may have resulted in the motorist receiving a citation.


Aaron



________________________________
 From: Paul T. O'Leary <[email protected]>
To: [email protected]
Sent: Monday, May 19, 2014 8:49 PM
Subject: Re: [Bikies] Contraflow Lane on University



Indeed, by what stretch of the imagination is this NOT a violation? Wouldn't this have constituted running the red light, even if no vehicles were coming from either of the TWO directions of TRAFFIC? If a cop had seen the perp make this turn, even without any crash, wouldn't he have been ticketed?


On 2014/05/19 20:42, India Viola wrote:
I didn't visualize your situation until Mitch pointed out that this was an illegal left on red from University onto Mills.
The driver should definitely have been ticketed. We should each file a complaint to the police department (Aaron- was it University police or Madison police?) about this situation.


india




WeAreAllMechanics.com
[email protected]


On Mon, May 19, 2014 at 4:46 PM, India Viola <[email protected]> wrote:

Sorry Aaron.  That sucks.
Glad you are both physically unharmed.
Riding with precious cargo ups the ante in a big way, doesn't it?
Thanks for sharing. It's a good reminder that (unfortunately) we usually need to ride as if drivers can't/don't see us.


india






WeAreAllMechanics.com
[email protected]


On Mon, May 19, 2014 at 4:04 PM, Aaron Crandall <[email protected]> wrote:



What are the chances?


I was biking down University in the contraflow lane with my daughter (Mali) behind me in the trailer yesterday and had the green light at Mills, but noticed the driver and passenger of a green Audi both staring down University in the other direction watching for traffic. Instead of stopping and making sure to make eye contact, I proceeded since I assumed the driver would be respecting the red light and stay stopped. I was wrong!


As soon as me and Mali were smack-dab in front, the driver decided to instead treat the red light like it was a stop sign and unfortunately for me and Mali, did not notice the bike lane with traffic coming from the opposite direction...CRASH! Thank goodness for me and Mali, especially Mali, that he did not take off more quickly than he did, and reacted quickly by braking. Ultimately, we think he crashed into the bike trailer, which caused me to go down to the ground, and we're thankful that Mali was in the seat on my left, so further away from the impact.


Amazingly enough, it doesn't appear that any damage was done to either my bike or the trailer, but my wife probably almost suffered a heart attack from watching while riding behind us on her bike. Long story short, I'm going to make it more of a priority to ensure eye contact with others, especially while riding in a contraflow lane where maybe others users might not be expecting traffic.


The driver was not cited, and the police simply filed a short form, in case of any necessary insurance claims, etc.


I still can't believe that (a) I was hit and (b) I had Mali with me in the trailer when it had to happen.


Aaron








--
Paul T. O'Leary
Chronic Nuisance
Madison, WI  USA

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