Comments on: We Win “Take the Lane” Case!

By: Brent

Brent — Sat, 05 Jun 2010 07:15:52 +0000

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

By: Barbara J. Cote

Barbara J. Cote — Sun, 14 Feb 2010 14:32:09 +0000

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!

By: John Schubert

John Schubert — Fri, 12 Feb 2010 21:49:12 +0000

Congratulations to you all for a job well done! This is national leadership at its finest!
John Schubert
Limeport.org

By: Ed

Ed — Wed, 03 Feb 2010 22:27:31 +0000

“take the lane” cases from Arizona.

http://azbikelaw.org/blog/take-the-lane

By: Brad Sohner

Brad Sohner — Sat, 16 Jan 2010 21:54:25 +0000

Congrats and thanks to the whole Consider Biking crew for looking out for cyclists around Columbus.

By: Barry Schumann

Barry Schumann — Sat, 16 Jan 2010 17:45:43 +0000

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?

By: Carl Shoolman

Carl Shoolman — Sat, 16 Jan 2010 17:24:04 +0000

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