Mr. Jones Closing Argument

I am pleased to share with you the closing argument of my attorney, Mr. Jones.


May it please the Court. I know it’s a little outmoded. When I was in law school we had a saying, the law is the law. And that’s our case in a nutshell. Except as provided in subsection B, a person operating motor vehicle, the exceptions are plain, less than, a lane that’s less than 14 feet in width and does not have a designated bike lane adjacent to that lane.

Evidence is uncontradicted, 12 feet, not 14; therefore, he had the right. Actually he had the duty, legally, to be in that lane of traffic; or, too narrow for a bicycle and a motor vehicle to safely travel side-by-side. Again the evidence is uncontradicted. It’s not safe if he stays over to the right hand side. His statement – really the police officers didn’t testify to the contrary. I doubt that they would if they had been asked. The base fact is 551.103 says he has to operate that in that lane of traffic. It is true that the statute, the shoulder statute says that he has an or option. But he explained to the Court why he does not do so.

Rumble strips are put there for a reason because cars drift off to that side when drivers lose their attention. He didn’t go out there with any intention to slow people down. And he certainly didn’t go out there with any intention to draw an accident. In fact, in all of this time riding on this highway, he’s never seen an accident occur. So it can hardly be called reckless indifference or some kind of wonton disregard when his common experience is that there is no such accident. I submit to the court that it is simply a matter of law.

Ms. Barnes Closing Statement

I have in my hands the transcript of my "reckless driving" trial of August 17 last year. I hope to have the entire transcript digitized shortly.

Here is the closing argument made by Ms. Christin Barnes, Assistant County and District Attorney.


Thank you. Judge, like I stated in my opening statement, we were here we are here to hold Mr. Bates accountable for his actions and his choice. And as he stated in his own testimony, the limitations under the statute don’t apply to a bicycle in terms of riding or driving on an improved shoulder. He has access to that improved shoulder. And we’re talking about someone making a choice, a deliberate choice, when the improved shoulder is available, to instead, ride on the main road of traffic on a very heavy trafficked highway.

He has been asked, told, by officers on several occasions, do not ride in the middle of the roadway. And there’s a reason for that. And that reason is that it is dangerous. That is common sense. It is dangerous, not just for himself, but for the other motorists on the roadway. And because the officers repeatedly told him, Mr. Bates, don’t get back on the road, he made a very conscious and deliberate disregard or indifference for the safety of those around him.

It is common sense that when a bicyclist rides on a roadway in the middle of a very heavy lane of traffic at night time, it is common sense that harder to see a bicyclist. It is common sense that he is riding at a speed very well below the speed limit. It is common sense, as the video showed, so many vehicles traveling adjacent or aside to him at a speed that was high rate of 65 miles an hour or above, and yet he thinks it’s safe for him to just continue to do what he does.

We know from the testimony from Lonnie Creager, who’s an Ennis firefighter, that he witnessed, and the reason for his call to 911, is that he witnessed Mr. Bates riding on his bicycle. Before he saw that bicycle, he saw vehicles, including an eighteen-wheeler, make an abrupt stop. And his testimony was it was scary what he saw. And as he made his way around the eighteen-wheeler, he saw right in front of it, Mr. Bates in the middle of the roadway traveling and that eighteen-wheeler had to come to an abrupt stop to avoid colliding with him, to avoid swerving from him, to avoid having an accident.

His action, for the sake of principle to ride in the middle of this roadway when he could easily choose the improved shoulder to travel, is nothing but downright dangerous. And the warnings and the pleadings and the requests and the orders from police officers for his safety and for the safety of others have been disregarded by Mr. Bates, completely and totally disregarded.

So I ask that you find him guilty based upon the evidence that has been submitted to the court because he has, he has driven recklessly. And as I stated in the opening statement, Your Honor, a bicycle is considered a vehicle. And it is defined under the Transportation Code as a device in or by which a person or property is or may be transported or drawn on a public highway other than a device used exclusively on stationary rails or tracks. And it falls within that definition of a vehicle, Your Honor. And reckless driving statute does not say, specifically, it applies to a motor vehicle, but to a vehicle which includes a Bicycle.

And in this case, I think it’s imperative that we’re here today in front of this Court because we want to protect our citizens in our community. And whether Mr. Bates recognizes it or not or wants it or not, we’re going to try to protect him. The evidence shows beyond a reasonable doubt that he did drive in a reckless manner and he did show a conscious indifference and he did make a choice that was deliberate and I ask that you find him guilty.

More Ennis Peril

The city of Ennis has informed me that they are going to move ahead and prosecute me for the March 2010 arrest.

A preliminary hearing is scheduled to take place on February 24. So far the charge remains "Failure to Keep Right". I anticipate the charge to be changed before too long.

From Waco to Eastland

I spoke to my attorney about my case last week.

My appeal has been moved from Waco to the Eleventh Court of Appeals in Eastland Texas. The reason is to balance the workload among the various courts.

This is a blessing for our cause. Eastland is 130 miles east of Dallas, which makes the journey to the courthouse less arduous for me. But more significantly, Eastland has a reputation for being more conservative than other appeals courts.

Neither our legal team nor the State have filed any briefs on this case, but that will change soon. There is no date set yet for the trial either, but it is expected to be put on the courts calendar somewhere between July and September.

Lastly, the transcript of the trial will be in our hands soon, and I will be able to share parts of it with you.

What a Busy Year It Has Been For Me.

Here in Dallas, (The best city to get around on a bicycle.) I’ve had a lot of changes.

I have been working steadily which has kept me away from the keyboard most of the time.

And, to my surprise, I have developed a romantic interest in my old age. This too has distracted me from this forum.

Ms. Crystal Denise Trammel and I are engaged to be married this spring.

New Trial Date Set

My new trial date is August 17 at 2 p.m.

It will be held at County Court at Law 2,
109 S. Jackson street, Waxahachie.

Trial Date Changed From July 29

A new prosecutor is taking over Ellis County DA Finney's cases, and she has a jury trial already set in a different court on July 29th. I will post the new date as soon as I am notified by the court of when it is scheduled.

That said, my trial will be held before the honorable Judge A. Gene Calvert, Jr., At the County Court At Law Two, Ellis County, 109 S. Jackson St., Waxahachie, 75165

Because Seeing is Believing

I have changed my position on using mirrors whilst cycling.

My position has been for years that unless you were astride a recumbent, or had impaired neck movement, mirrors were a silly distraction to the task at hand.

The reason for this is that the perils that face a cyclist are far and away predominantly ahead of him. We face hazards in the form of road surface impairments, obstructions and debris, and the turning movements of other traffic.

My feeling has been that until one is preparing for a movement that will potentially cross the path of following traffic, knowing what traffic behind you is doing is of no concern.

This not always true.

I now recommend the use of mirrors for cyclists

When one first takes to the roadway with a defensive position that uses body language to communicate his presence, he ought to use a mirror.

I can describe how traffic reacts to the presence of a slow moving vehicle, but few who are new to driving their bicycles in the traffic lane will really be confident of that until they observe it for themselves.

So when you grow weary of the close passes and the near misses of suddenly opened doors, right-hooks and left crosses and begin to assert your right to the roadway as an equal user of the public roadway, use a mirror.

Count the times you nearly get "runned over". (You might be surprised to see that it never happens!)

Observe how overtaking traffic yields to your presence. Take note of the delays you create. You will soon learn that any such expectation is simply a myth.

When you get tired of watching for such things that never happen, and have proved to yourself how even high speed traffic have no difficulties in overtaking you, you can put the mirrors away.

Because then you will have seen for yourself that the perils you face are in front of you, not behind you.

Bicycle Rules For Motorists TDH

1. A bicycle is a vehicle and any person riding a bicycle has all of the rights
and responsibilities as a driver of a vehicle.

2. Bicyclists are required to ride as far right in the lane as possible only
when the lane can be safely shared by a car and a bicycle, side by side.

Even then, there are certain conditions that allow a bicyclist to take the full
lane such as:

a. The person is overtaking and passing another vehicle proceeding in
the same direction.

b. The person is preparing for a left turn at an intersection or onto a private
road or driveway.

c. There are unsafe conditions in the roadway such as fixed or moving
objects, parked or moving vehicles, pedestrians, animals, potholes, or
debris.

d. The lane is of substandard width making it unsafe for a car and a bicycle
to safely share the lane side by side. When this is the case, it is best
for the cyclist to take the full lane whether riding single file or two
abreast.

3. Bicyclists are not restricted to the right lane of traffic. One-way, multi-
laned streets are one example. Another instance is when the bicyclist is
changing lanes to make a left turn. The bicyclist should follow the same path
any other vehicle would take traveling the same direction.

4. Motorists should merge with bicycle traffic when preparing for a right
hand-turn. Avoid turning directly across the path of bicycle traffic.

Common Motorists Mistakes

1. The most common motorist caused car-bicycle collision is a motorist
turning left in the front of oncoming bicycle traffic. Oncoming bicycle traffic is
often overlooked or its speed misjudged.

2. The second most common motorist caused car-bicycle collision is a
motorist turning right across the path of the bicycle traffic. The motorist
should slow and merge with the bicycle traffic for a safe right-hand turn.

3. The third most common motorist caused car-bicycle collision is a
motorist pulling away from a stop sign and failing to yield right-of-way to bicycle
cross traffic. At intersections, right-of-way rules apply equally to motor
vehicles and bicycles.


TEXAS DRIVERS HANDBOOK
TEXAS DEPARTMENT OF PUBLIC SAFETY
Revised October 2008

Part of Chapter 13 of the Texas Driver Handbook

COMMON MOTORIST MISTAKES THAT BICYCLE RIDERS SHOULD
KNOW

1. The most common motorist caused car-bicycle collision is a motorist
turning left in the face of oncoming bicycle traffic. Oncoming bicycle traffic is
often overlooked or its speed misjudged.

2. The second most common motorist caused car-bicycle collision is a
motorist turning right across the path of the bicycle traffic. The motorist
should slow down and merge with the bicycle traffic for a safe right-hand
turn.

3. The third most common motorist caused car-bicycle collision is a
motorist pulling away from a stop sign, failing to yield right-of-way to bicycle
cross traffic. At intersections, right-of-way rules apply equally to motor vehicles and bicycles.

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