convert this audio file please -- Evendale cop telling me I'm not allowed on the road

[tmsegar]

Had a conversation with an Evendale police officer in the Evendale Walmart about my rights to use the road. This was after a driver flagged the cop down to report me. I welcomed the cop's assistance in explaining the law to the driver but quickly found out that I was wrong. I'm not allowed to use the road in Evendale when there is a path available. It's a phone recording in AMR format and since it's not a common format, I can't play it on my computer nor can I distribute this to others that don't have the means to play this file. I'm really loud in this recording because the phone is next to my mouth and as you can tell, I'm getting frustrated.

If you can convert, please convert and send it back to me.

Thanks
Tracy

[nick.ne...@gmail.com]

Hi,
I'm sorry to hear that you had this experience on the way home. I played back your conversation on my Blackberry Playbook. I found a link to an amr player. It seems like amr is a format used by phones to encode voice audio. Here's the link www.amrplayer.com there is also a conversion utility on cnet: http://download.cnet.com/Agood-MP3-AMR-OGG-AAC-M4A-AC3-WAV-Converter/3000-2140_4-10882724.html?tag=lia;rcol
Good luck,
Nick
Sent from my BlackBerry device from Cincinnati Bell Wireless

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[Brian Throckmorton]

Were you riding onReading Rd? I use that in my way home and have never had a cop say anything to me. I've even waved to them. If they consider the sidewalk a "path", I consider it a " sidewalk". If they want to put a bike lane there, in a four lane road with a center turn lane, that would be fine with me.

Sent from my iPod

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> <May02_0001.amr>

[tmsegar]

Got the file converted. thanks

I was having a conversation with a motorist in the walmart parking lot and he flagged the cop down. That's when I was told the driver was in the right and I was in the wrong.

Waiting clarification from the police chief.

--- On Thu, 5/3/12, Brian Throckmorton <bria...@gmail.com> wrote:

[Ron]

Here is a reply from a Long time Dayton Police Officer who says:

Ronnie,

Let me look into this. I can't open the recording but I'm betting I know what's on it. Legally, a community can make riding on a sidepath mandatory if its for public safety.

That said. Generally, communities can not create legislation that is contrary to the Ohio Revised Code which states that a bicycle is a vehicle and is obligated to ride in the road.

There have been many cases like this across the country and the sad part is if they choose to push the issue, get cited, and go to court; they get found guilty.

Unfortunately by the legal system as it relates to cyclists is just like the laws of physics. You can be right, but it still hurts. In a nation that is conservatively estimated as 60% overweight 40% obese; it is not likely that those of us who choose to live a healthy lifestyle will EVER get a fair shake.

Allan Howard
26 years Dayton Police Department
Founding Member Of International Police Mountain Bike Association

[Sam Klontz]

can local law (Evendale in this case) supercede state law? I am assuming Ohio state law allows for bikes to be on the road and the 3 ft of passing distance similar to KY . . . 

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[Ron]

Realplayer will play it if anyone wishes to listen to this unreasonable L.E.O.

On Wednesday, May 2, 2012 10:27:14 PM UTC-4, mister t wrote:

[tmsegar]

Hi Ron, Thanks for the reply and effort on your part. I'll read your response in greater detail later but I get the point of what he was saying. Which sucks... http://www.youtube.com/watch?v=00bcszgv4RI sorry about the audio-- had to play it in the background while I focused on their code for the city-- may have to turn it up at points and there is a difference in volume because the phone is next to my mouth and he's across the squad car. The police chief was going to get back to me after he has a discussion with the officer. He said that the officer is correct in that the "law" says a bike must use a a bike path when available instead of the road but there is a gray area as to what defines a bike path. When he calls me back I'll be sure to ask for a copy of this "law" they keep citing. The speak it as truth but I can't find it anywhere. --- On Thu, 5/3/12, Ron <bike...@gmail.com> wrote:

From: Ron <bike...@gmail.com> Subject: [Cincy Bike Commuters] Re: convert this audio file please -- Evendale cop telling me I'm not allowed on the road To: bike...@googlegroups.com

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[tmsegar]

just to put a name to the voice, the officer's name is Lt. Joseph Asbrock

--- On Thu, 5/3/12, Ron <bike...@gmail.com> wrote:

From: Ron <bike...@gmail.com> Subject: [Cincy Bike Commuters] Re: convert this audio file please -- Evendale cop telling me I'm not allowed on the road To: bike...@googlegroups.com

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[Scott Ebbing]

Sounds like Steve Magas ought to send a friendly letter to Lt. Joseph Asbrock explaining the new (2006) laws…