Electronic bikes, or e-bikes, have become a popular mode of transportation throughout the US and other nations. Yet the fast-moving bikes with their nearly silent motors can cause problems. 

Facing issues between e-bikes, pedestrians, and vehicles, cities from Paris, France to Hoboken, New Jersey, have started cracking down on e-bike violations. New York City is following suit. Yet New York isn’t merely handing out tickets. The city is issuing criminal summons to e-bike and scooter riders accused of violating road rules. 

Bicycle Violations: When a Ticket Isn’t Just a Ticket

The practice of enforcing New York’s bicycle laws began when police officers started staking out various New York intersections. Riders who coasted through stop signs or red lights, rode against traffic, took their bikes and scooters onto sidewalks, or appeared to be under the influence of drugs or alcohol started receiving what looked like tickets. 

Yet these two-wheeled travelers weren’t receiving ordinary traffic tickets. They were receiving criminal summons to be addressed in criminal court. Failing to appear placed these riders at risk of facing a bench warrant, which could lead to arrest and detention on criminal charges. 

Meanwhile, vehicle drivers continue to receive ordinary traffic tickets for similar violations. A driver who runs a red light, for example, is likely to receive a traffic ticket for a civil infraction – one that the driver can handle by paying a fine via mail. 

Historically, bicycles and cars have been held to different standards in some ways. Cars must have license plates, licensed drivers, and insurance, for example, while bicycles do not. However, most municipalities have expected bicycles and cars to follow the same basic road rules, and have imposed the same consequences when people don’t follow these rules. New York City’s new system does not. 

How The New Rules Affect New York’s Bicyclists

As the rules currently stand, the penalties you face depend on the vehicle you use while violating a traffic law. If you disobey a stop sign in a car, you face a ticket. If you do it on a bicycle, you may face criminal penalties.

This discrepancy is particularly stark in the face of New York City’s recent trend of expanding bike lanes, banning vehicles in Central Park, and taking other steps to make the city safer and more friendly for bicyclists and scooter riders. Supporters of these steps say they help reduce traffic congestion and pollution in one of the world’s most densely populated cities, improving both traffic safety and overall health. 

Opponents, however, worry that the roads are becoming more dangerous for vehicle drivers as they become safer for bicyclists. They also note that in some cases, expanding bicycle and scooter infrastructure has caused harm, increasing the rate of accidents in which bicycles or scooters collide with pedestrians. 

Those who support criminal charges for bicyclists say the rules guarantee a bicyclist will show up in court. If a licensed driver ignores a ticket, their license can be at risk. Without a license, however, a bicyclist has no incentive to appear in court. A criminal summons creates that incentive, say supporters. 

Do You Have Confusion on How New York Courts Work?

Meanwhile, the wave of New York bicyclists and scooter riders appearing in criminal courts is confusing court staff and attorneys. Many point out that traffic violations – traditionally a civil infraction – are not something that criminal courts have the experience or personnel to handle. 

As bicyclists and scooter riders started responding to criminal summons for traffic infractions, courts, attorneys, and police officers scrambled to figure out exactly what New York’s laws require. 

Bicycle infractions aren’t defined in New York law as crimes. Rather, the Legislature treats them as civil infractions, just as with vehicles. 

As long as these cases land in criminal courts, however, these courts will be tasked with determining the appropriate response to bicycle and scooter traffic violations. Determining how to handle a traffic issue in a criminal court can be challenging, especially with no clear guidance from the Legislature on how to apply its rules. 

Most people involved tend to agree on one point, however: Treating bicycle and scooter riders more harshly than cars for the same infractions makes little sense. 

What To Do If You’re Facing Criminal Charges in New York

It seems odd to face criminal charges for something as simple as riding a bicycle. If you’re facing charges for this or any other offense, however, it’s wise to speak to an experienced New York criminal defense lawyer as soon as possible. The team at the Brill Legal Group can answer your questions. Contact us today for a confidential consultation.