Bike rack causes ticket

[Angie]

I just got a 135 dollar ticket for obscuring my rear license plate with a bike rack (Lakewood Police)... ouch. I guess I have to take the rack off If I am not using it. When it is folded up it obscures the license plate... who would have thought.

Should I go to court to refute it or just suck it up and pay? I was also speeding (40 in a 25 zone) and she gave me a warning for this. I would lean towards paying because the speeding ticket would have been worse.
This sucks.

[MattCollister]

If you refute it, what would your argument be?

[Angie]

yeah.. that is the problem.. I would just have to play stupid and say that I did not realize the rack was a problem. I do not have any real good argument against the ticket. I was just thinking that they might reduce the fine due the fact that I did not know it was a problem. wishful thinking on my part.. but then I have to pay court costs so it might be a mute point anyway.

[Aussie Rob]

They'll just give you the "ignorance of the law is not a viable defense" line.

Bummer Angie.

[watchman]

wow

I had no idea about this "law"

thanks for the warning

I have no problem with the idea of a fine but that seems a little high to me

mike

[Alan]

This came up in another forum and there is a Ohio revised code that states this and that you have to have reflective tape or flags on the utility rack if it extends so many inches beyond the bumper. I searched and searched but couldn't find the Ohio law on this.

How many millions of bike racks are out there when they're in use or not can you not see the license plate? Are we supposed to attach the plate to the rack? I see many good points/arguments.

Does the Ohio law state anywhere that you must attach
your license plate to your rack? You may not get it dropped but I think you may get it reduced. I have seen police cars carrying their bikes on a rack and I couldn't clearly see there plate!

My 2 cents

[gvale]

And I was under the assumption that triathletes were above the law.

[MarkD]

Ya gotta read between the lines here. I'm guessing that this is a "no point" violation. Basically, they gave Angie this ticket in place of the speeding ticket. They get their money, but don't give her the points (and added insurance costs). They basically did her a favor by not adding points to her licence. I would not fight this - especially since you WERE speeding. I bet they wrote a warning on the comment section of the ticket - just in case you try to fight the ticket.

You don't hear of this law, because there's no need to enforce it. I wouldn't sweat it.... unless of course you're speeding - but then again - it may play into your favor like it is in this case (again, assuming this is a no-point violation).

[Angie]

yes, mark... you are right. The policewomen wrote the warning for speeding on the ticket. She did say that I would avoid points since she only gave me a warning. I appreciate this.

I will pay and make sure I do not have the rack on the car unless it is in the "down" position. It does not block the plate when it is down. I took the rack off for now.. it takes about 2 mins to put it back on so not a major problem there.

I was driving south on 117th-- the speed limit is 25 from clifton to the home depot--- for everyone else out there.

For everyone's interest--- here is the ordinance from lakewood--- I am sure that most cities have the same thing.


335.10 LICENSE PLATES TO BE UNOBSTRUCTED.

No person shall operate a motor vehicle, upon which license plates are required by law to be displayed, unless the license plates legally registered and issued for such vehicle shall be fastened in such a manner, and not covered, obscured or concealed by any part or accessory of such vehicle or by any foreign substance or material, to be readable in its entirety from left to right.

[bberk1]

either that or pick up a really crappy bike to always have on your rack. i got a warning as well from a streetsboro police. I tend to put the rack on at the beg. of the season and take it off at the end