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Old 10-29-2007, 10:51 PM
K'Tesh's Avatar
K'Tesh K'Tesh is offline
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Join Date: Sep 2006
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Posts: 2,742
Talking BTA's Free Legal Brief got me out of ticket!

I was cited as a careless driver (I was the bicyclist) back in August.

I had attempted to make a lane change into the inside left turn lane while exiting Hwy 217 NB at BH Hwy. While I was making the lane change, I saw a rather large red pickup truck with a brush guard (ie cow catcher) turn from the far left lane and head straight for ME! I first tried to get eye contact with the driver until I realized that space was tight and time was short for me to avoid being a hood ornament.

My options:

1) Do nothing, get run over.

2) Somehow manage to get between the car in front of me and the car to it's

3) Squeeze between the car to My left and the one in front of it (both
stationary) and escape.

My thought processes:

1) Getting run over... Not an option!

2) Yeah right, like I can pull a sudden move like that and not get sandwiched
between the car to my left and the big truck... Not an option!

3) Not my desired option... I'd rather not, but concidering the alternatives...
Best option... attempted it, but...

The car in front of me was completly unaware of my situation when the light went red, he stopped... I didn't. I WAS wearing my helmet, but I still was knocked unconsious w/a concussion. Then to add insult to injury, I got cited for careless driving.

I went to the BTA's legal brief, met Ray Thomas, and I got a free copy of Pedal Power. I went to trial today.

Using the info in the book, and the advise of Ray, I got a copy of the ticket, complete with witness statements! I used that info to cross examine the officer. I then was able to explain what led up to the collision. I think I may have also made the officer think about how to better investigate a bike/car crash (ie: make notes of what was going on BEHIND the bicyclist when the incident occured too).

Judges decision... Dissmissed! No fault!

The free legal brief got me out of a $164.00 ticket! Know your Rights! Know your Responsibilites! For God's Sakes... If you did nothing wrong don't sit on your ass... Fight!

BTA's Link: http://www.bta4bikes.org
(Go here to find out when the next legal brief is)

Ray's Link: http://www.stc-law.com
(Download Pedal Power as a PDF file, read his articles)

Now, I think I'll take the money saved, and buy another light...

Rubber Side Rolls Better!

Last edited by K'Tesh; 10-29-2007 at 11:31 PM.
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Old 10-30-2007, 10:49 AM
mike_khad1 mike_khad1 is offline
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Join Date: Jan 2007
Location: Cold Spring, NY
Posts: 142
Default Great Tip

Great Tip about BTA!! I'm glad it worked out for you.

While impulse shopping in Barnes and Noble today I purchased a book titled "Bicycling and the Law" subtitled "Your Rights as a Cyclist" by Bob Mionske. I just started it so I can't give a review as yet.

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