Monday, August 10, 2015

Be the Judge

    Here is a real case for you "arm chair" and real lawyers.  This incident occurred at one of the entrances to Demo's restaurant in Hendersonville.
    An adult (over the age of thirty) on the sidewalk running parallel to the road commences to walk his bike across an entrance to a parking lot. A car has stopped momentarily a few feet from the crossing planned to enter the road.  The bicyclist is moving opposite to the traffic flow on the road.  The motorist not seeing the bicyclist moves forward and clips the front wheel of the bicycle as the bicyclist attempts to cross.
    The police ticket the bicyclist for not having a helmet, for being on the sidewalk, and for moving opposite to the direction of traffic.   The ticket says the statute violated is Hendersonville 15-122.  You're the judge.  What do you decide?
 

5 comments:

the other MK said...

The cop writing the ticket needs counseling.

the other MK said...

The cop writing the ticket needs counseling.

Doc Bruw said...

I saw this posted on the Hip Hendersonville FB page. My first thought, if you are walking with your bike you would be considered a pedestrian. Pedestrians should be walking on the sidewalk, are not required to wear a helmet and should be moving against the direction of traffic.

Ed T said...

Without reading the statute I agree with Doc except that as a pedestrian on the sidewalk, traffic direction is immaterial.

JoHo said...

As the judge I would drop the charges because they are bogus for the reasons Doc points out sans the direction as Ed points out. Then I would sentence the person to a weekend of community service for being so damn stupid to walk out in front of a car without making eye contact with the driver.