Reed Bates (AKA ChipSeal) has been found guilty in Ellis County Court No. 2 on a charge of reckless driving for not riding as far right as possible (as stated by the prosecutor instead of the word 'practicable') in a 12' lane with 70 mph tractor-trailer trucks, and for not riding on an inconsistent, broken, and even nonexistent shoulder when directed to ride there by local law enforcement officers, contrary to the requirements of Sec. 551.103 of the Texas Transportation Code. Oddly, the fact that other vehicles were being allowed to exceed the posted speed limit was considered a reason to force a lawfully operating vehicle off the roadway.
Part of the case against Mr. Bates was that he was riding at dusk, even though police detained him prior to dusk for almost 40 minutes (from roughly 5 to 5:40 pm) before letting him proceed. He was then handcuffed and arrested.
In finding Mr. Bates guilty, the judge stated, "You may be right that it is safer to ride in the middle of the lane instead of the shoulder, but it is reckless of you to do so"... at which point a white rabbit was seen doing down the elevators at the Ellis County Courthouse.
Yes, Mr. Bates is appealing the conviction. Please donate.
Old Ellis County Courthouse in Waxahachie, Texas. Photo by Steve Averill, modified by PM Summer.
19 comments:
Waitaminute: The judge admitted Bates lane taking is safer, but still illegal?
Yep. He agreed it might be safer, the prosecutor agreed it was illegal... but both seem to feel that only applies to empty roadways.
CORRECTION
"Yep. He agreed it might be safer, the prosecutor agreed it was legal... but both seemed to feel that it only applies to empty roadways."
The cognitive dissonance must be painful for the judge and prosecutor. But not as painful as being a citizen of a county with such morons in the justice system.
Not a surprise. Once they decide something emotionally (in this case, it's "wrong" to ride a bike in the roadway in the way of cars) humans are uncanny at being able to rationalize their decision, regardless of what facts and reason indicate, and judges, unfortunately, are no exception.
Will a transcript be made available?
"Will a transcript be made available?"
I hope so. Realize I have no operational interaction with the legal team. You'll have to ask Reed.
When they changed the charge to 'Reckless Driving' I suspected this to be the outcome.
I've now gotten my notes up at:
http://dfwptp.blogspot.com/2010/08/people-versus-bates.html
One thing none of us knew was who the guy was that sat in the back row behind us and left quietly after the verdict.
You should be able to request the transcript via the Freedom of Information Act.
"One thing none of us knew was who the guy was that sat in the back row behind us and left quietly after the verdict."
I honesty believe he was there to keep an eye on us. Officer Watson was very concerned about our activities.
This sets a bad precedent. I sure hope an appeal of some kind is made.
The comments below were left by an anonymous poster. I don't allow anonymous posting, but there are technical reasons why this person is unable to access Blogger's log-in.
The opinions are their own, and may or may not reflect the opinions of other posters here. I certainly don't disagree with them (as is well documented).
"What happened to the TBC!?
On their "Texas Bicycle Law" page highlighted in blue is "Ride near the curb...". Later they quote the law but it seems that they are anti-VC.
Has Clarke been in Texas? First the Ellis co. courts and now the TBC.
I joined LAW in '76 and was there when TBC started. This is not the way these groups were suppose to be when I first joined either. Someone from each would had been in court today.
I believe that bike bans and anti-cycling attitudes we have seen
lately are because of the actions of groups like LAB and BikeTexas."
Here is a link to the TBC website page in which they interpret the law to say "ride near the curb":
http://www.biketexas.org/index.php?option=com_content&view=article&id=54&Itemid=64
And here is what 551.103 actually states:
"a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless:"
(very important list of exceptions follows)
http://www.fastlaws.com/index.php?id=txtn551_103
It's very misleading to summarize that as "ride near the curb". That's the ANTI-cyclist take on it!
There seems to be a misconception here that the purpose of the municipal court is administer justice, or at a minimum to coherently and logically follow the law.
That, of course, is poppycock.
The primary purpose of the municipal court is to raise revenue. Anyone who believes otherwise is advised to spend a couple hours is any small town court room. (From personal experience, I suggest the Town of Addison as a convenient way to rid yourself of any delusions as to the American Justice System.)
Here's a local lawyer's take on the system: http://www.dallascriminaldefenselawyerblog.com/2010/08/muni-court-giveup.html
When is he going to get a lawyer? It's pointless to donate until he does.
Traal, Reed has a lawyer, and a good one (IMHO, despite the set back). He did not have one for the impeding traffic charges, but retained one for his appeal. He was represented (well) by that attorney at the reckless driving trial. Trials are not like watching Perry Mason. They are a convoluted chess match.
If you read the reports, you have seen how 'peculiar' the court system can be. Lost files, conveniently misplaced appeals, records that don't agree. It's a maze.
> maze
i think you misspelled "farce".
Crazy! I beat my ticket for taking the lane in Ohio, but Ohio law may be more bike friendly than Texas law. Either that or the prosecutor understood the law in my case better than the prosecutor understood the law in Texas...
Brent said...
"Crazy! I beat my ticket for taking the lane in Ohio, but Ohio law may be more bike friendly than Texas law."
The case wasn't decided on law. It was decided on emotion using the prejudice of the speed culture. When many cyclists and cycling advocates (are sufferers of the Cycling Inferiority Complex) agree that Mr. Bates actions were 'reckless', then you have to go to a higher level.
The 'lethimride.com' link is now expired.
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