Riding To Right Case Heard In Tulsa Muni Court

[Chuck Davis]

On May 8, I sat through most of Brian Potter's Tulsa Muni Court trial for not riding sufficiently to the right

 

At  the close of testimony, etc, the Court ruled that Brian was not guilty, for the right reason, it simply is not the safest place to ride a bicycle on the roads

 

The judge did not elaborate that much beyond the "not guilty" finding but after hearing his comments while ruling on various objections made during during the testimony that I heard, it may (or not) be indicative that he was receptive to the argument re the safety aspect

 

These cases are winnable if properly/competently defended

 

Ticketed riders should not try and go it alone, it is crucial to get competent counsel who is interested in your case as as you being cyclist and not just "getting you off/beating the rap"

 

It will gen require the cyclist bringing the atty up to speed on the core issue and being **willing** to stop quite a bit short of telling the lawyer how to try the case

 

One of the main tasks/challenges of any lawyer getting ready to try **any** issue is knowing his/her client and prepping him/her to be the best witness possible assuming the cyclist will testify on his/her behalf

 

I did not hear the prosecution's case which was the ticket issuing officer's testimony and Brian's atty's cross xam of the officer, but this is where wedge is best started if an opening is seen to steer the case from a simple law and order matter to one of safety on the roadways for bicyclists..............all cases are a bit different in how they develope

 

It is somewhat clear that a bicyclist, LCI notwithstanding, probably is not going to be permitted to testify as an expert

 

I've said it before and I'll say it again................................

 

Good factual cases don't present themselves that often and when they do there should be some resources available

 

Whether or not there was a commitment to appeal and whether or the entire record would support an appeal is moot at this point

 

I am willing to share more insights on this off list for any interested

 

 

 

 

 

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I'm Chuck Davis and I approved this posting notwithstanding some moderators won't

 

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