[*BCM*] Just got "pulled over" for running a red on Mass. Ave.

Jim Leonard jim_bcm at xuth.net
Thu Mar 6 11:20:50 EST 2008


Since either no one has mentioned the following or in one case gotten it 
wrong, I figured I'd weigh in here.

On Thu, Mar 06, 2008 at 09:29:59AM -0500, Gondaba wrote:
> Ridiculous. I was in Cambridge on Mass Ave, right in front of the large 
> MIT crosswalk. The crosswalk had a red light, sure, but it was pretty 
> clear and I was in no danger of hitting the poor little pedestrians. A 
> Cambridge Cop standing next to his motorcycle flags three of us down 
> after the crosswalk and tells us to stay put. He proceeds to ask for our 
> IDs and issue each one of us a $20 fine.

At this point you are not required to show ID in Massachusetts, it's just 
a convenience to the officer.  The supreme court has recently determined 
that a state law requiring you to show id to a police officer is not 
unconstitutional, but Massachusetts has no such state law except for 
drivers of motor vehicles.  You are on the other hand, required to give 
a non-fraudulent name (though not necessarily what is on your birth 
certificate/ social security card just not something to hide your identity) 
and address.  If you fail to do so this turns a ticketable offense into an 
arrestable offense.  Similarly if the officer doesn't believe the name you 
gave is real, it's the same thing.  Showing ID goes a long way to convincing 
an officer that the name you gave was real.

> 
> The ticket itself seems to be some kind of civil violation; there was a 
> nice little place for "Bicycle / Red Light" that he checked off, amongst 
> a host of other bicycle violations and, for example, "Improper disposal 
> of dog feces," which is a $25 fine.

That is because the officer is not allowed to write a the ticket on the 
same type of form as (s)he would for a motor vehicle offense.  The 
ticket goes through a very different process from motor vehicle violations.

> 
> Has this happened to anyone else before?

Yes but I convinced the officer that I went through on yellow (which
I did) since she had no idea where the start of the intersection was.  
She did write me a warning and gave me a completely bogus excuse for
doing so and never admitted to actually being in the wrong about it.

> And, because I don't have a car, insurance, or even a license, do I 
> really have to pay this fine? What're they going to do?

Even if you did have insurance or a license, this ticket would not have
any effect on them per mass law.  As others have said, yes you do have
to pay it and failure to either pay or contest it could earn you an 
warrant for your arrest (I'm not sure of the exact charge, possibly 
contempt of court or maybe a more specific charge).

--jim

> 
> Be wary, fellow red-light runners...
> 
> Chris
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