Posted by Jonathan Maus (Publisher/Editor) on June 22nd, 2010 at 12:37 pm
(Photos © J. Maus)
Ken Southerland, the man who got a $143 ticket back in February for carrying someone on the rear rack of his bicycle, earned a victory when the case went to traffic court this morning.
Southerland pleaded no contest to the charges and Portland Police Officer David Scott agreed to have the citation "discharged," which means Southerland will not have to pay the fine. At issue was whether or not Southerland was guilty of ORS 814.460, "Unlawful passengers on a bicycle".
As we reported back in April, all Ginsberg had to do was demonstrate to the court that Southerland's rack was "safely equipped" to carry a passenger. According to Ginsberg, he showed Officer Scott photos of the rack in question and explained to him that it was more than capable of safely carrying Southerland's passenger.
The rack is made from sturdy steel tubes and was fabricated in Portland by Mitch Pryor of MAP Bicycles.
Instead of taking the case to trial -- where Southerland risked a "guilty" finding and the PPB risked having the citation overturned -- the two parties agreed to the discharge to settle the matter.
The Oregonian also reported on the case. Read more details about what happened on OregonLive.com.