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Be Careful with that Bike Eugene!* Bicycle Laws in South Florida

With a poor economy and rising gas prices, more and more individuals are using bicycles as a mode of transportation. Further, bicycles have always been a common mode of transportation for underprivileged people who cannot afford a car. However, very few people are aware of the legal do's and don'ts of bicycling. Such lack of knowledge has led to hundreds of people being stopped, questioned, and searched by law enforcement. Read this article to avoid any unfortunate run-ins with Johnny Law. The Fourth Amendment of the United States Constitution protects individuals from unlawful search and seizure by police officers. Whether one is driving a car, riding a bike, or walking, a police officer may not stop or detain an individual unless that person appears to be doing something unlawful. For example, if someone is speeding while driving a car, an officer can legally stop that person for speeding. If, while walking down the street, one begins to discharge a firearm, then an officer may stop that person for violating state law. The same analysis applies to individuals riding bicycles. An officer may not stop someone who is riding a bicycle unless that officer has reason to believe the person is violating the law. In short, the only way to avoid being stopped by a police officer while bicycling is to avoid breaking the law; and one must first know what the law is to avoid breaking it. HEADLIGHTS- The law in the state of Florida requires anybody riding a bicycle after dark to have a headlight. This law can be satisfied by safely attaching a small flashlight from a dollar store to the front of a bicycle. Every day, people are stopped by police for riding bicycles without headlights. Once stopped, people are often subjected to extended questioning, multiple requests to search their pockets, and sometimes even harassment. REGISTRATION- Some cities, including Fort Lauderdale, have enacted local ordinances that require all bikes to be registered. If not registered, the bicycle may be taken by the police. Much like the headlight law, this ordinance can lead to selective enforcement. DUI- Many people are unaware that one can potentially be arrested for DUI while on a bicycle. DUI carries serious penalties, including incarceration, license suspension, court costs, DUI School, and fine. In conclusion, if you ride a bicycle: 1) Get a headlight, 2) Get the bicycle registered if your city so requires, and 3) Do not ride the bike while intoxicated. By Bill Barner Note: Bill Barner is a former Broward County prosecutor. He is currently a partner in BarnerRossen P.A., specializing in Criminal, DUI, and Deportation Defense. He can be reached at 954.397.4197 or barner@barnerrossen.com *Email the author if you can figure out the song referenced in this

Know the law to avoid breaking it

As luck would have it: Homeless man to inherit more than $100,000

PLANTATION - Homeless, he couldn't recall the last time he sat at a restaurant to savor eggs and toast. But Ronald "Ronnie" Novack, 61, smiled during his warm meal Thursday morning as he listened to his attorney, Richard Ansara, tell him he was on the brink of inheriting more than $100,000 from his mother's estate. The windfall means he no longer must sleep outdoors. "I still can't believe it," Novack said. "It's a miracle." Novack, who said he has been homeless for more than 10 years, first learned of his change of luck Thursday during a visit to a Plantation doctor's office. Novack said the doctor had treated his mother, who died in 2001. Members of the doctor's staff had read an article in Thursday's South Florida Sun-Sentinel identifying Novack as eligible for the inheritance, Plantation police said. The doctor's staff phoned Plantation police, who arrived at the office, escorted Novack to the police station and arranged for Ansara to pick him up. A police officer who knew of Novack's inheritance said she hoped

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"I still can't believe it," Novack said. "I still can't believe it," Novack said. "It's a miracle." "It's a miracle."

Novack would get a "new lease on life." Since his release July 10 from Broward County Jail on a prowling conviction, Novack said he has slept nights "in the woods" for safety and shelter, without elaborating on which woodsy areas he frequented. He acknowledged hiring Ansara last year — during an impromptu meeting outside the Broward County Courthouse — to investigate whether he could claim inheritance money. But he said delays in accessing the money frustrated and disillusioned him. He said he didn't think he'd ever get it, so he didn't bother revisiting Ansara, who spent weeks searching for him and circulating fliers at convenience stores. After Ansara arrived to pick up Novack in Plantation on Thursday, he paid the tab for their breakfast at a nearby restaurant, then drove them both to his Fort Lauderdale law firm to work on arrangements for the inheritance. Ansara, who declined to say whether he would charge Novack for his help, said he would help Novack find a safe place to stay. Novack wouldn't say what led to his homelessness, but said his hardships would encourage him to not misspend the inheritance. "I'm going to get a place to stay and get off the street," he said. "When you're homeless, you learn to become very careful with money." Juan Ortega can be reached at jcortega@sunsentinel.com or 954-356-4701.

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