The New York Police Department is now issuing criminal summons to e-bike riders for certain traffic violations, following a new directive that went into effect at the end of April. Unlike regular traffic violations — where individuals can pay the fines online — the criminal summons requires individuals to present themselves at criminal court .
The change has caused concern and confusion among e-bike riders. Documented spoke with William Medina, organizer and leader at Los Deliveristas Unidos, to answer questions about e-bike fines, summons and your rights in the courts.
What changed?
Before April 28, most traffic violations involving e-bike riders led to fines or summons in civil courts. The new directive, however, permits the NYPD to issue criminal summons instead. A criminal summons requires individuals to show up to criminal court to address the summons.
Not appearing for your summons in criminal court can result in a signed order by a judge issuing a warrant for your arrest and possible jail time. Having a criminal record could negatively impact immigrants who have regular check-ins with ICE, such as those who have pending asylum claims or those who have posted a bond and are fighting deportation.
Also Read: Run a Red Light on an E-Bike? You Might Get a Criminal Summons
Which violations are impacted by this new policy change?
A spokesperson for the NYPD told Documented that officers can issue criminal court summonses to e-bike riders for the following infractions:
- Reckless driving
- Operating under the influence of alcohol and drugs
- Running a red light
- Driving the wrong way down the street
- Riding on a sidewalk
- Ignoring a stop sign
Before April, most of these violations would result in civil summonses or fines. With these new changes, the consequences are more severe and, if you are not prepared, could even lead to jail time. Here’s how you can tell the difference between the many kinds of tickets NYPD will issue to e-bike riders.
Criminal summons: Pink tickets
The most noticeable difference between a traffic ticket and a criminal summons are the colors of the tickets, explained Medina, who has been doing community outreach to educate delivery workers of the new policy change.
The pink tickets, on the other hand, he said, are criminal summons which cannot be taken care of online and require the individual to go to criminal court.
“Right now, the one that the police are giving the most are the pink tickets,” he said. If someone receives a pink ticket, they must show up at the court where the incident took place, as opposed to the county of residence. Meaning, if the rider was ticketed in Brooklyn, they would need to attend the court in Kings County — which will be stated on the ticket.
“Sometimes the information in the ticket can be blurry and hard to see,” Medina warns, adding they should verify the information of their ticket to avoid missing court or going on the wrong date. They can do this by visiting the website: mysummons.nyc
Civil Summons: Green tickets
Photo of green, white and yellow tickets. Courtesy of Los Deliveristas Unidos.
Green tickets are issued by the NYPD and they require individuals to show up to civil court. Civil cases are handled by the Office of Administrative Trials and Hearings (OATH), and can be given for infractions like failure to have proper lights or reflector and not using a bike line.
“The green ticket says at the top ‘summons to appear for civil penalties’ and to appear at the specific location listed in the ticket,” Medina said.
Information about a civil summons can be found on their website.
Traffic infractions: Yellow and white tickets
Yellow and white tickets are the same and both include the ‘traffic ticket’ text at the top, Medina said. “The white [and yellow] tickets can be paid online.”
Traffic tickets can be online by pleading guilty and entering the Driver’s License information, ticket number or name, date of birth and gender as it appears in the ticket. Some of the traffic infractions that result in fines include not wearing a helmet, no bell or signal device, operating a bike without manufacturer’s label, among others. See the full list on page three of this PDF.
Right to a free lawyer
Pleading guilty to a criminal summons can have severe consequences and impact someone’s criminal history, said Medina. For that reason he recommends that people who have to attend court ask for interpreters or translations services, which is required by law for criminal cases (see our guide on how to ask for one).
“People also have the right to a public defender who can represent them free of charge,” he added.
In New York City, individuals who cannot afford a lawyer can ask for free legal representation from a public defender through one of these organizations: The New York Legal Aid Society, Bronx Defenders, Queens Defenders, The Neighborhood Defense Service and Brooklyn Defenders.
Will pleading guilty impact my immigration status?
Sarah Vendzules, director of the Immigrant Justice Team at The Legal Aid Society told Documented that a criminal record could negatively impact individuals with pending asylum applications, who regularly check-in with Immigration and Customs Enforcement (ICE) or have a case pending in immigration court.
“It could lead to a discretionary denial, especially if somebody had a lot of summonses and it’s sort of a repeat. Immigration judges tend to look askance at criminal contacts [with law enforcement].”
Discretionary denial means that a judge or ICE officer can deny an immigration case based on other factors, including the criminal record and history of the applicant.
Vendzules recommended that those in immigration proceedings consult with an immigration attorney before pleading guilty during a hearing at criminal court.
Also Read: Electric Bikes and Mopeds in NYC: What’s Legal and What Isn’t
