2014-09-12: “Judge decides … bicycle commuter violated law” (by controlling the lane)

Martin Pion's avatarThinkBicycling






This story first grabbed the headlines back in April of this year, after cyclist Cherokee Schill was repeatedly ticketed for controlling the outside lane on busy multi-lane roads on her way to and from work.

Cyclist Cherokee Schill on her work commute Cyclist Cherokee Schill on her work commute She’s finally had her day in court but justice was evidently not done. The judge stated that she could have used the shoulder instead of controlling the lane, to which she replied: “I’m not going to change how I ride.”

This is the result of the discriminatory Far To the Right (FTR) law common in states throughout the U.S. It requires a cyclist to ride as far right as “safe” or “practicable,” with certain exceptions, including the ill-defined “when the lane is too narrow to share.” Repeal of this law, which may be easiest to accomplish at the local level, should be a major goal of cyclists…

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MY BIKE……. A ROLE MODEL?…… HOW SO?…….

You can never go wrong with a bike. 🙂

Bike and Brain's avatarBike and Brain

DCIM100GOPRO

Often, we become “stuck” in our own minds. We worry about the same things, we are defeated by the same obstacles, and we feel there is no escape. This “stuck” feeling can quickly transform into feelings of depression, hopelessness, and/or anxiety.

The “stuck” described above leads us to live repetitive, stale lives. It is a road to nowhere.

It may seem surprising, but using the bike as a model by which to live may be very helpful. Why is this? How could using a bike as a role model be helpful at all!?

The number one reason…….. THE BIKE HAS NO DEAD ENDS, IT IS NEVER STAGNANT.

A bike is unlimited in its capabilities.

Is there traffic? ………..Go around it with a bike.

You’re broke and have no money for gas? …….Ride your bike.

You have a large load to carry from the store?…….. Grab some panniers and a rack.

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Adelaide

kennettron's avatarKENNETT PETERSON

Warning: this is a graphic post–not the pictures, just the content. I felt like I needed to write this as soon as possible to get it out of my head and start my own healing. My intentions aren’t to scare anyone but this is what I went through on Saturday when Adelaide was almost killed by an inattentive driver.

I’ve been planning a blog post for a few weeks now, letting the exciting incidents of my life build so I have material to work with. It’s my usual routine, especially when there aren’t race reports to write. With a number of writeable things going on of late, I figured I had plenty of options 1) Adelaide and I got mountain bikes 2) I saw three black bears on a mountain bike ride the other day 3) I got on a bike team for 2015 4) I saw a house burn down while on a run with Maybellene. A baby…

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I need your help

I am being prosecuted for Wanton Endangerment 2nd degree. My crime? Riding my bicycle on the travel lane.

Before you flip your lid, as some have done.

Please understand.

I did not start out operating in the travel lane. I used to have an old style Sun-EZ recumbent and I used the shoulder almost exclusively. Figuring out how to navigate the shoulder was no picnic. In some locations the shoulder was literally covered in a half an inch of debris. I used the travel lane only when necessary. I was afraid of the people operating their vehicles.

There was one incident where I was traveling home and I was trying to share an un-share-ble lane. The motorist who approached me from the rear almost hit me at an intersection. This was in Fayette Co. and there are not any shoulders at this intersection.

The motorist began to berate me and hurl verbal abuse at me.

I rode on and we met up at the next light where he continued to hurl abuse at me. I called the police.

Fayette Co. police officer took the report and advised me that I was not required to share the lane. He said the entire lane was mine. I didn’t not believe him but I wanted to see the law for that. He didn’t mention any specific law. So I kept riding the edge.

After I graduated to my first road bike. I found the shoulder very unsafe to navigate on two wheels. I used the travel lane more frequently. I went on my first club ride and realized that I was not in very good shape. I had lost a lot of weight at this point but I was still not in great shape.

So I spent a lot of time recovering from that ride.

I continued to use the shoulder, even when it was dangerous for me to do so. Every time I tried to use the travel lane a motorist would harass me.

I was very vocal with the police about the treatment I had been receiving. I often reached out to them for help. They often refused to help. I quit asking for help.

When things would get really hairy I would call them. Not much was done.

Motorists started chasing me down. Driving on the shoulder. Chasing me down, while driving on the shoulder.

It was nuts. I tried taking an alternate route home. That was worse. They could barely manage to share a 5 lane road. They sure as heck were not going to share a 2 lane road. All of them 55mph. Did you see that? All alternate routes are 55mph. The worst ones are two lanes. Zero shoulder. Gravel lined ditch on either side.

All with lanes that are not able to be shared. It was horrifying to watch them pass me with oncoming traffic. I was scared to death that someone would be killed. So I stuck to US 27.

To make a long story short. They started ticketing me for using US 27.

Ky state law is clear. I have not broken any state laws. Even Jessamine Co. recognizes how dangerous it is to operate on the edge. They have banned bicycles from sidewalks. I was told by a police officer that using the sidewalk is illegal in Jessamine Co.

Using the shoulder is illegal in the state of KY.

That is why they made an exception. The exception states that bicycles MAY use the shoulder. KY understands that the shoulder is not always the safest place to be.

Whether you agree with where I ride or not. You do agree that bicycles have a right to be on the road. Even the L.A.B. has said Bicycles have a fundamental right to the road.

I have an attorney. I have just enough for his retainer. I still need your help.

I know times are hard for a lot of folks. You don’t have to donate if you can’t. But please share this. Share it far and wide. Because someone who knows someone just might be able to help and the fact that you shared it with them is a huge help in and of itself.

Thank you!

http://www.gofundme.com/8uvfkw

 

Posted on by Cherokee S. 1

What My Bike Has Taught Me About White Privilege

But when I’m not so civil with a “privileged” driver, it’s not because I hate him/her, or think s/he is evil. It’s because it’s the third time that day I got some gravel in the face. So try to remember that even if you don’t feel like a “semi driver,” a person of color might be experiencing you the way a person on a bike experiences being passed by a semi. Even if you’re listening to Christian radio.

via What My Bike Has Taught Me About White Privilege.

Thank you for writing such a well spoken blog.

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Miranda Pacheco-Homicidal Maniac gets a slap on the wrist

Homicidal Maniac gets a slap on the wrist.

Want to know how to get away with murder? Kill someone with your car. 

As long as you are sober, you will get away with murder. 

“Miranda Pacheco was guilty of careless driving and not vehicular homicide when she drove off pavement and killed a bicyclist on a roadside path.”

Societies acceptance of Vehicular Homicide has never been so blatantly obvious as this jury’s verdict shows. It’s o.k. to kill someone if you are driving your car. 

 

For a cyclist, you can’t get any further from a car than a separate bicycle path. That has an embankment and chain link fence separating it. 
But bad things happen to good drivers. Right?

Well let’s see. 

http://krqe.com/2014/07/03/driver-who-killed-bicyclist-drives-through-building/

“She killed a bicyclist then got popped for DWI.” 

“Miranda Pacheco has already proven she’s one of the most dangerous drivers in Albuquerque and now she’s at it again.”

 

Miranda Pacheco sentencing
These aren’t tears of grief. They are tears of shame. Shame that she got caught.
Miranda Pacheco sentencing
How much is a persons life worth. Not much more than a few well placed tears.

“vehicular manslaughter

n. the crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving or speeding. Vehicular manslaughter can be charged as a misdemeanor (minor crime with a maximum punishment of a year in county jail or only a fine) or a felony (punishable by a term in state prison) depending on the circumstances. Gross negligence or driving a few miles over the speed limit might be charged as a misdemeanor, but drunk driving resulting in a fatality is most likely treated as a felony. Death of a passenger, including a loved one or friend, can be vehicular manslaughter if due to illegal driving.”

 

“reckless driving

n. operation of an automobile in a dangerous manner under the circumstances, including speeding (or going too fast for the conditions, even though within the posted speed limit), driving after drinking (but not drunk), having too many passengers in the car, cutting in and out of traffic, failing to yield to other vehicles and other negligent acts. It is a misdemeanor crime. A “wet reckless” is a plea in a drunk driving prosecution allowed to lessen the penalty when the blood alcohol level is close to the legal limit.”

 

What we need are stricter laws for “reckless driving”.

death-race-2000
Today’s average motorist knows to stay at the scene. Because if they stay they are more likely to get off with a slap on the wrist.
killcyclist
And you’ll likely get away with it too. As long as you stay at the scene. Cry really big tears, and sob that you just never saw them.

 

Posted on by Cherokee S. 1

The Roads are for moving people!

(Note from 2018: If you’re reading this, the worst has happened. The officer was exonerated of all charges. Michael Brown, who was racially profiled and murdered, for walking while black, has not had justice. His family still suffers under the stigma created by white normative people in the media. #BlackLivesMatter has been cruelly co-opted by white supremacists running #BlueLivesMatter. Up is down and down is up. Flint has been poisoned by their government and children are being cruelly ripped from their asylum seeking parents, at the border. The current POTUS is set to establish himself as dictator and white men still think that bike lanes are the most urgent issue facing the bicycling community.)

The Roads are for moving People.

A car is one way to move people. So is a horse, a truck, a motorcycle, a bicycle, and legs. Legs move people. Legs have been moving people for millions of years. In fact people got tired of using their legs and invented the wheel so they could put their feet up and rest.

I’ve heard about the tragedy in Ferguson. I’ve heard that the first issue the officer had with the young man was that he, the young man, was walking on the road. Well, that is what a road is for! Walking moves people and the modern paved roads were invented to move people with less difficulty than rutted dirt roads.

From what I have heard this wasn’t about concern for the young mans safety. This was about someone who was potentially getting in the way of cars. That young man had every right to be there. He had every right to cross the road and expect to be given due care by motorists who happened upon him.

It’s a cultural issue. One that has been deeply ingrained into our psyche ever since automobiles began to dominate the roads.

Remember the Civil Rights movement was originally argued over transportation. The rights of people to access the same facilities as other people with out regard for their heritage.

Car culture and hatred appear to go hand in hand. The idea that it is o.k. to besmirch, accost, and verbally assault someone just because they are not in an automobile has to end.

I could be wrong, but I believe that the underlying current here is road rights, exacerbated by a media induced stigma on young men in economically depressed and ethnically diverse neighborhoods.

People should feel safe letting their children travel and play upon their neighborhood streets.

It is a sick society, a car sick society that we live in. The very idea that being on the street could be cause for suspicion is deeply rooted in the automobile industries quest to rule the road. A quest that has killed millions of people and assisted in the downfall of our economy.

There are a lot of ways to be prejudiced against someone. That child had more going against him than the color of his skin.

Think about it.

Why don’t more African Americans ride bicycles?

100% of African Americans surveyed said they were afraid of hostility from motorists.

bus

Posted on by Cherokee S. 1

Things in between

Things in between.

Now that’s a mobile home. 🙂

Posted on by Cherokee S. 0

A Fatal Rear-End Collision

This is a terrible tragedy. I am so sorry for the loss of this man.
Stop teaching cyclists to ride on the edge. When we operate as a part of traffic these incidences are reduced. People who are too buys being distracted look up, directly in front of them. Let the first thing the see be you!
Ride Safe!

Ray Niekamp's avatarBike Noob

Like the rest of the Austin cycling community, I am saddened by the death of cyclist Verter Ginestra, 55, over the weekend. He was riding on the shoulder of Loop 360, a major highway on the west side of Austin. The shoulders on 360 are very generous.

Television news stories of the crash show the car in the shoulder. Sound bites from police did not lay blame on the cyclist; in fact, they urged motorists to watch out for them because 360 is such a popular cycling road. It features long hills and few stoplights. The worst part about riding 360 is having to cross exit and entrance ramps, and being on the outlook for fast-moving cars in those spaces.

Ginestra apparently was not crossing an entrance or exit ramp. He appears to be the victim of a type of collision that is fairly rare — the daytime rear-ender. One…

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