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Montgomery County Constable Harassing Cyclists - 2008/07/18 21:31 I'm new to the forum but thought I'd post this for whomever might be interested. I am involved in a cycling controversy with law enforcement in Montgomery County, where many area athletes and cyclists go to train.

The sum and substance of my particular episode is that a deputy from precinct 5 in Montgomery County attempted to bully me off the road in precinct 1, and I am now intentionally forcing the issue in court. (I'm a lawyer; it's what I do)

Back on April 19, Deputy Marshall Williams, Badge No. 5440, pulled out of the subdivision where he lives off FM149 in Precinct 1 of Montgomery County and basically decided to pick on me. He executed an unsafe pass too close to my position at a high rate of speed and honked at me while I was legally riding my bicycle between the right hand tire mark and the white line at the edge of the roadway. When I shouted my complaint, he slammed on his brakes, cut across my path and proceeded to hurl abuse at me from the safety of his pickup truck.

At that point, he contended he would ticket me if I failed to ride wholly to the right of the white line on a narrow and dangerous shoulder. He literally told me to "git off the road." This, of course, is not the law, so I told him as much, and invited him to cite me so that we could take the matter up with the court. At that time, he refused to do so but drove off in a temper instead.

I complained to his superiors, and only this Wednesday received a backdated citation in the mail for failing to ride as far as practicable to the right and obstructing traffic by riding two abreast. This last bit is especially curious, as I was riding alone. Not sure how I can ride two abreast by myself.

I have entered a plea of not guilty and will be taking the case to trial, as much as anything in an effort to bring some much needed education to law enforcement about how the traffic laws apply to cyclists.

If anyone is interested I'd be glad to send you my correspondence with the Constable's office and I will keep you apprised of court dates as they happen.
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Re:Montgomery County Constable Harassing Cyclists - 2008/07/19 01:56 Sounds like you've got them by the short hairs. "As far to the right as practicable"... We could probably find documentary evidence from official bicycle safety training materials that backs up your position in the lane. I assume the lane was narrower than 14 ft?

Please post updates!


Peter
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Re:Montgomery County Constable Harassing Cyclists - 2008/07/19 02:32 Page 19 of the League of American Bicycles "Road One" student manual back you up. I can email this to you if you can supply me an address.

The law itself backs you up. If narrower than 14 ft, you don't have to share. You know that already.

Post edited by: kf5nd, at: 2008/07/19 02:33
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Re:Montgomery County Constable Harassing Cyclists - 2008/07/20 03:22 Did not know for sure, but I was out there today to take measurements and pictures. The lane is 11 feet wide, so the main provision under which I was cited does not even apply.
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