This is Ms. Barnes’ rebuttal to Mr. Jones’s closing statement.
Thank you, Judge. I think we’ve established through testimony that he has the right to ride his bicycle on the roadway. I don’t think we’re contesting that. I’m certainly not contesting that the roadway is 12 feet as Mr. Bates, I guess, measured it, your honor. But we’re here today because a bicyclist on a roadway is not only afforded the same rights as any other vehicle, but he is also held accountable for the duties that he is responsible for. And he’s responsible for driving in a manner or riding a bicycle in a manner that is not reckless and that’s exactly why we’re here. Recklessness, according to caselaw, reckless driving means a deliberate and conscience indifference to the safety of others.
And the Court can infer based upon the testimony and the evidence presented that, that’s exactly what happened here. He’s been warned and he’s admitted on the stand when Officer Zapata said, for your own safety, sir, for the safety of other people, please don’t get back on the roadway. And he walked off and then before he could open up the door to get in his car, he sees that he goes right back on the roadway, right back on it.
His actions, his actions show nothing but a deliberate and conscience indifference. And we are here today because of that. Nobody says he doesn’t have a right to be on the roadway, but he got on the roadway at a time and manner in which his action of being on the roadway was reckless and he disregarded the safety of others and he disregarded the safety of himself and he continued to do it. And I ask that you hold him responsible, Judge. Hold him accountable.