[net.bicycle] BIKERS RIGHTS and the LAW: Full Trial Synopsis

bhilden@druxj.UUCP (10/08/84)

Sorry for being so late with the full update, I'm trying to break 
the 100 hour work week.

Recap of the Incident:
I was travelling on a city street, riding on the white line that
marked the LEFT edge of a new, in construction bike lane.  As there
were cars parked in the bike lane, I was taking my legal 4 feet from
the right side of the roadway (i.e. from the left edge of the cars)
(a city of Boulder,Colorado ordinance) when I was pulled
over by a policeman for "not riding enough to the right of the
roadway", in effect he said I was impeding car traffic.
The officer never gave me a chance to give my side of the story,
he just wrote me up.  As he rushed back to his car, I asked if he 
knew about the 4 foot to the right rule I was using to avoid the 
parked cars, he replied that that was not a Boulder city law(see
above!!!) and did not apply.  As I left I said that I would see him 
in court.

Pre trial notes:
I made measurements of the street and as usual, if I take my 4 feet
from the right, plus my 2 feet wide person on the bike, plus
if the car trying to pass gives my legal 3 feet of leeway, a 
standard 6 to 7 foot wide car cannot pass and stay in the traffic lane.
So, if I impeded traffic, I was doing it legally...try telling
that to your normal "no patience, I'm ten minutes late" car driver.
I attempted to talk to the Boulder city attorney and not have the case
go to court but he said he had more important cases to discuss like
"drunk drvers and speeders who are likely to lose their license if
found guilty"---glad to see we are spending so much time putting these
people back out onto the streets.
I enlisted the help of the City of Boulder Bicycle Safety coordinator
who agreed to testify if necessary.
Luckily I had a witness, a friend who was riding behind me,  so armed 
with my rather niave(in hindsight) conception of justice, I went to 
court.

The Trial:
The trial was held in front of a judge, not a jury, the DA brought
the arresting officer, I represented myself(a mistake) and brought
my witness and the bicycle safety coordinator.

The prosecution called the officer who stated that my witness and I
were riding 2 abreast and talking freely, I was riding just outside
the white line that marked the bike lane.  He also added that when I
rode off I stated "I'm going to beat this rap, I'll see you in court".
I'm beginning to wonder what's going on, in cross examination I 
pointed out that the officer was ignorant of the law.  The
prosecution now rests.

I, The defense, call my witness who states that we were not riding
2 abreast, and that I was four feet from the roadway.  This testimony
directly conflicts with the officer's.  The officer leans over to
the DA and the DA asks to recall the officer.

The officer recounts the incident with new awareness to details.
He now states that I was 2 to 3 feet to the left of the left
edge of the bike lane(earlier he had said that I was just left)
and that I was swerving and weaving all over the roadway going
15 mph.  He also now remembered that a car came up behind me and
honked repeatedly before I moved over.

By, now I am wondering if I'm in the right court room.
I take the stand in my own defense.  I point out to the judge
that I was president of a large bike club in Madison, WI and
have appeared on TV, radio, newspapers and magazines for the last
5 years regarding the issues of safe legal cycling.  I also 
point out that going to court has cost me at least ten times the
amount of the fine so I'm concerned about this.  I point out that
I have a bicycle computer and at the time of my arrest was going
19mph in a 25mph zone.  Does this constitute impeding traffic.
I repeatedly stated that I was four feet from the right side of the
road way because of the parked cars in the bike lane.  I also,
do not remember a carwith a horn, something most cylist don't miss!!

OK-- so the judge gives his verdict.  He compliments me on my 
case preparation then tells the officer that he testified that
he followed us  for one and a half block starting at the 
1800 block, but that the citation was issued for the 2200 
block of the street.  So, his stories didn't jive and guilt
was not established beyond a reasonable doubt.  I am AQUITTED
by a technicality.

Reflections
NOTE: many of the following points are probably obvious to the 
well experienced type, I am adding them to help any novices like
myself.

1)When receiveing the ticket I should have just said "yes sir", "no sir"
and not made the remark "I will see you in court".  The officer's
ego was at stake here and he went to the limit of lying to
protect it.

2)any evidence(i.e. drawings , etc.) pertaining to the case should depict
the exact location of the incident on the ticket.  My drawings were of
generic bike lanes on the whole street, taken from an average measurement
of widths, lengths for the 1800-2600 blocks of the street.  The drawings
should have just been of the 2200 block.

3)get a lawyer.  It probably would have been too expensive for a $20
dollar ticket, but, I missed enough legal points and mumbo jumbo
that it would have been worth it if the stakes had been higher.

4)Police Officers will do anything to make their arrests stick.  This
includes lying about the events if they think they can get away
with it.  Boy was I amazed!!!!

5)Principle is nice, reality is more practical.  I probably 
wont fight another such ticket, just too much hassle and with
the integrity of Boulder Police officers, I could lose.
I would very much like to make a big stink about this but,
the bottom line is that life is much easier when you have a
low profile.
 
There are probaly a few other points I missed but, I have to run.
If anybody would like to discuss it further mail or call.

			Bruce Hildenbrand
			ihnp4!druxj!bhilden
			(303)538-4687

dmt@hocsl.UUCP (10/08/84)

REFERENCE:  <873@druxj.UUCP>

> OK-- so the judge gives his verdict.  He compliments me on my 
> case preparation then tells the officer that he testified that
> he followed us  for one and a half block starting at the 
> 1800 block, but that the citation was issued for the 2200 
> block of the street.  So, his stories didn't jive and guilt
> was not established beyond a reasonable doubt.  I am AQUITTED
> by a technicality.

Granted, I wasn't there, and you were.  But from your account, your
acquittal wasn't on a "technicality".  Your story and the officer's
were in violent disagreement as to the facts.  The judge, to render
ANY VERDICT, had to decide whom to believe.  Since the officer's story
had inconsistencies (factual, not technical) the judge decided to believe
you.

(If my interpretation is correct, it is even possible that the judge
gave the officer a private dressing down after the trial. At least,
I can hope so.)
			Dave Tutelman