We Win “Take the Lane” Case!
Jan 15th, 2010 | By Jeff Stephens | Category: News
Yesterday, Consider Biking helped reinforce the right for bicyclists to ride in the road, and control a road lane if necessary. We provided legal defense in Municipal Court for a cyclist who was incorrectly cited for “not riding as far to the right as possible.” We saw this case as a critical means to reinforce the excellent bicycling (traffic) laws we helped Columbus enhance in late 2008. With a pedaling revolution underway in Columbus and more bicyclists on the road…we felt it important to have the court affirm our right to use a full lane.
Several of our Board members provided pro-bono legal efforts to compile the necessary information and try this case. Thanks to Doug Morgan for taking the lead and representing the defendant. Thanks also go out to John Gideon and Maryellen O’Shaughnessy for compiling the materials for the case. Staff member, Jeff Stephens, was prepared (although not needed) to serve as an Expert Witness.
Interestingly, this core of Consider Biking leaders, made up a majority of the engaged bicyclists that spent over six months in late 2008 enhancing the Columbus Traffic Code related to bicycles. Isn’t it grand that these leaders banded together in the last two weeks to help cement the laws we crafted to better protect bicyclists on our roads?
Here is a link to Doug Morgan’s blog which provides a detailed description of yesterday’s proceedings. douglasmorgan.typepad.com/two_wheeling/
Read on below, for a brief description of the proceedings:
First and foremost, Doug Morgan succeeded in having the defendant acquitted. Doug is a corporate attorney and not a trial lawyer…so we owe a huge thanks to Judge Maynard for understanding that we were trying this case on principle. Judge Maynard, and the Prosecuting Attorney were patient….and, helped guide Doug through some of the courtroom proceedings. While this was a very serious case, we had a few laughs at Doug’s expense, as he humbly worked his way through his rusty law school memories. Nonetheless, Doug was quite capable, and scored an easy victory.
Interestingly….Doug’s cross examination(s) of the police officer, iterated the legal statute for allowing a bicyclist to use a full lane…and, was conclusive enough that we were able to acquit Michael without needing to provide a defense case for him. It still took 90 minutes to get as far as we did…
So…we set a big legal precedent in Columbus traffic code yesterday!
Here is the takeaway. We all know that “Every person operating a bicycle upon the roadway shall ride as near to the right side of the roadway as practicable…." (2173.04). However, it’s the exceptions that give us the ability to DRIVE our bikes in the safest manner on roadways:
"This section does not require a person operating a bicycle to ride at the edge of the roadway or within a marked bike lane when it is unreasonable or unsafe to do so. Conditions that may require riding away from the edge of the roadway or outside of a marked bike lane include when necessary to avoid fixed or moving objects, parked or moving vehicles, surface hazards, or if it otherwise is unsafe or impracticable to do so, including if the lane is too narrow for the bicycle and an overtaking vehicle to travel safely side by side within the lane." (2173.04 <c>)
And, since we’re talking about good laws…..please note that Columbus is one of the ONLY places in the country to explicitly declare that riding in a bike lane is NOT REQUIRED. As we continue to discuss the addition of bike lanes throughout Columbus in the coming years, I’m sure we’ll discover the foresight of this critical language in our traffic code. But…that’s another show….
Thanks again to everyone involved in this important court case. We’re especially grateful for Michael’s willingness to fight this charge. He could have easily paid a fine and been done with it. But, he understood the law, and knew he had operated his bicycle legally.
Consider Biking is working hard to protect your rights as bicyclists, and to enhance your safety and experiences for riding.
The most important thing we can do is make the Bike law immediately understandable by police.
We’ve passed this wonderful law, but the enforcers read the first part (stay right) and never reach the important part (stay safe by taking the lane.)
Our top legislative priority should be rearranging the existing law and making it easy for them and us.
Notice that the police officer here thought he was making the cyclist safer by forcing him close to the curb. And that is indeed what the first words of the statute say.
Moreover, the statute is so complicated that the cyclist’s lawyer couldn’t get the charge dropped with a phone call to the prosecutor, which is the routine when an officer is obviously wrong about the law. It took an hour-and-a-half trial.
When cyclists are pulled over, they are unlikely to persuade the cop. (I failed the first two times I tried in NY, despite being an experienced lawyer knowing bike law.)
I talked about this to Columbus City Attorney Richard Pfeiffer, who is responsible for training the police. He wasn’t surprised that I had been pulled over three times in Columbus, but wouldn’t commit to doing anything.
When Jeff distributed cards at the Ride of Silence for cyclists to show the law to cops, he described the long quotation as “legal gobbleygook.”
Let’s make the law self-explanatory.
Please contact me if you want to help get this through the Ohio legislature.
Carl Shoolman
Ohio Bicycle Federation board member
I understand that Consider Biking offers wallet cards with the relevant city code. How may I receive one or more of these to use and share with fellow cyclits?
Congrats and thanks to the whole Consider Biking crew for looking out for cyclists around Columbus.
“take the lane” cases from Arizona.
http://azbikelaw.org/blog/take-the-lane
Congratulations to you all for a job well done! This is national leadership at its finest!
John Schubert
Limeport.org
It is so important that cyclists not be pressured to ride in debris-filled “bike lanes” that only encourage drivers of cars to squeeze by us when there isn’t sufficient clearance to safely pass. Thank you so much for your dedicated work!
State of Ohio Vs Nimmo, TR D 136296
On the last Friday of “Bike to Work Week” I was riding north on Alum Creek Drive. Just north of Refugee Rd, where the bike trail empties into Alum Creek Drive, a Franklin County Sheriff’s Deputy pulled me over and ticketed me for “taking the lane”. I was only feet from the bus stop at Winslow Dr. . I had planned to put my bike on the #11 bus, and ride the rest of the way to work. I handed the Deputy the laminated copy of ORC 4511.55 Section C that Consider Biking had given to me, and tried to explain the 2006 changes allowed me to “Take the lane”. The deputy handed me a ticket, and tried to tell me where I needed to go to pay the ticket. I told him there was no need to do that as I had no intention of paying that ticket. I shook his hand, and thanked him for the opportunity to get this issue into the press. As he was writing the ticket, both the 81 crosstown COTA bus, and also the #11 bus passed. I was left to ride all the way to the Statehouse in the rain. I arrive 25 min late, and soaked.
That evening after work, I collected all the debris that was on Alum Creek Drive between Refugee Rd and Winslow Dr, except a dead frog and a mushed snickers bar. I photographed those. I took my tape measure and measured the lane, and photographed that. Over the weekend, I photographed a bus in the lane where I was ticketed, and I had someone photograph me on my bicycle in the lane. I also photographed some of the larger vehicles in the lane there. On Tuesday June 1st, outside the courtroom, I called Steve Magas. He advised me to try to speak to the Prosecutor as soon as I could. As soon as the courtroom opened, I asked to speak with the Prosecutor. She said usually conversation was reserved for the trial period, and I replied that what I had would take very little time, and could save much court time. She said she would let me show her when my name was called. When my name was called, I showed her a page with the bus taking the full lane, and below that “102″ bus + 34″ man on bicycle = 136″, 3″ > 133″ lane”, and below that, a picture of me on my bicycle with tape measure below me, and below that, ORC 4511.55 Section C with th part covering narrow lanes highlighted. She looked at her book to double check her ORC matched what I had, and it did. She told me I was right and she would have the magistrate dismiss the ticket. I waited for the magistrate to come, and waited for my turn, and the magistrate dismissed the ticket.
Now I am trying to convince City of Columbus to put a “Bikes May Use Full Lane” sign up where I got my ticket, as neither law enforcement or motorists understand Section C applies there.
Please call 614 645 3111 and support my request for “Bikes May Use Full Lane” sign on Alum Creek Drive, and give them the tracking number 1006035530.
Thanks-Brent