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Road Rights and Bicycle Advocacy
When the Cop Says Stop
What do you do when you know your area's bike laws, but the police don't?
ByBob Mionske
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Tony was then taken to the Lawrence County Sheriff's Office for processing, but when Ryan informed the officers that he was 16, they took him to the Chesapeake Police Department, and removed the handcuffs once he was there. It is still unclear why they didn't book him in Lawrence County's office.


According to both Tony and Ryan, their bikes--Tony rides a $7,500 Specialized Tarmac SL, Ryan rides a $6,000 AeroCat--were left behind on the pavement by the departing officers. Despite these allegations of a total lack of care taken by the law enforcement officers involved, the bikes weren't stolen; a bystander who recognized Tony called a mutual friend, and the friend came and got the bikes, and then went to the police station where Ryan was being held. Ryan's parents showed up soon after.


Needless to say, they were furious about what had happened to their son, so, according to Tony, the Deputy took it upon himself to lecture Ryan's parents about their son:


"Let me tell you what your son is about. I'm on my way to a burglary, and these guys were impeding me from getting there."


Let that sink in for a moment. The Deputy was on his way to a burglary, but he had time to tase and beat a cyclist because he was "impeding" the Deputy by riding on the road? That lecture didn't make sense to Ryan's parents, but the Deputy clarified his statement, explaining that he was on his way to investigate a burglary that had been called in hours before, when he was impeded by Tony and Ryan. There were still a few problems with that story, however.


First, regardless of whether one believes the Deputy's report and testimony, or Tony's and Ryan's accounts, both sides agree that the Deputy pulled up alongside them to express his opinion that they should not be riding in the road. If they were impeding him, how was he able to pull up alongside them? And if he passed them, as he claims, in what way were they impeding him from getting to the burglary investigation?


Second, in Ohio, cyclists cannot be in violation of the impeding traffic statute if they are traveling as fast as they reasonably can. This principle was first established in a 2001 Ohio case called Trotwood v. Selz, and was subsequently codified into Ohio law in 2006, with the addition of a provision that:


"The [judge or jury], in determining whether the vehicle was being operated at an unreasonably slow speed, shall consider the capabilities of the vehicle and its operator."


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As a cop and a cyclist I'd like to add my 2-cents. In short, I can tell that there are credibility problems with the officer's report & statements. For example, they are on $5000(+)? bikes, out of the saddle and only doing 5-8 mph? Unless they were going up a 15% grade I already have problems with this. There's more but ... Second, this is the classical case of a "pissing contest." If the officer is "wrong" you can go with it and deal with the situation through the proper P.D. chain of command or you can politely (without sounding arrogant) explain your rationale and substantiate it with the law/ legal decisions. Before I became an officer I worked at a gun-range in ultra-liberal CA. As a result I carried my gun to and from work in a locked container with the ammunition locked in a different container. Believe it or not, a lot of officers I talked to had no idea that this was legal. To avoid being arrested (or shot) in the event I was pulled over I also copied a page of the penal code section 12026.1 that specified that this was legal. While it's not feasible to carry around a law book, knowing a few statues might be of benefit. Keep in mind, some states have very, very, very, poor training. Even in CA where the basic training is over 1,000 hours there is a lot to be learned. I'm somewhat of an expert on guns & gun laws and experienced attorneys often call me for assistance. This should tell you something. Don't assume that cops know every law by default. While theoretically you "shouldn't" have to justify your LEGAL actions, sometimes reality has something else in store. I hope there aren't more cases like this one. PLEASE RIDE SAFE!!!
Although nearly every ride includes an encounter or two with a misinformed or misguided driver (as well as some considerate drivers), I've never had any run-ins with law enforcement. However, as I always told my son, no matter how right you think you are -- or may actually be -- remember the cop is always armed. With that said, Bob is right in that rights not exercised are rights lost. Although, interactions between people in tense situations are always fraught with the potential for misinterpretation and misjudgment, I believe anyone in such an encounter with law enforcement must work to balance compliance with lawful instructions with proper expression of our individual rights. I agree with the writers above, that sorting out the situation under calmer circumstances is a good way to go. With that said, however, I'm unsure how I would've reacted/responded in Tony and Ryan's circumstances. Just like anyone -- drivers, cyclists, janitors, CEOs of BP -- cops are human and you never know the type of person you're dealing with.
I was pulled over once for running a stop sign on a rural road. I immediately obeyed and pulled over. the officer was right and gave me a warning. He was calm and so was I. Having said that, I'm not sure I would have been so calm in Tony and Ryan's circumstances. When I have been threatened by drivers I have reacted with profanity and a hot temper, which, in hindsight, surprises me. I live in a very rural area and often see as few as 10 or 20 cars on my 1 to 2 hour rides. I continue to roll through stop signs when it seems safe to do so.
In almost all law inforcement situations the Officer will work to take complete control of the situation. They will escalte their actions until this occures.(as we read with batons and tasers) So for your own safty listen to the cop. They are not always right but they are always armed. This Officer Pork Chop is a idoit and should be fired without question. I for one plan in complying with the officer on the scene. If I believe I have been wronged after the situation is calmed we can remedy the issue at hand.
I have been riding bikes for 30+ yrs and still love the feeling of zipping along enjoying the feeling of cycling. I have family in law enforcement as well as friends. My experience with both the cycling and the law enforcement communities luckily have been mostly positive - but not always. As a cyclist my advise is to take the high road early when any officer engages you. Stop, be polite, and hope the officer is not having a bad day. The absolute worst thing to do is give an officer any impression that you are "blowing them off". The officers deal 90+% of their time with the dregs of our society, and guess what - they are human too. The better we represent ourselves in these situations as cyclists the more times we will get treated with respect by the law enforcement community. A little respect both ways goes along way.