tucson bike lawyer

Good grief!

2008-05-09T11:02:00.000-07:00

Rhino from the Urbanseeds blog sent me this one. Something about it smells like it may not quite be random violence against cyclists, but you have to kind of admire the pure audacity of the attack. I hope this man is okay.

--Erik Ryberg

Aussie drivers can be ignorant too!

2008-05-09T10:43:00.000-07:00

Brian G. sent us a link to this article from CyclingNews.com. A training ride in Sydney, Australia yesterday became endangered by an enraged motorist who pulled in front of the ride and forced the group to slam into the vehicle. Several Olympic hopefuls as well as former Olympians were participants in the ride. The crash resulted in lots of injuries and damaged bikes, but luckily no fatalities. Beijing hopeful Ben Kersten was among those injured.

Our readers might be reminded of the incident on the Saturday morning Shootout ride that happened here in Tucson a few months ago....a police officer crossed the double yellow line in an attempt to pull the ride over head-on and caused a huge crash.

-lauren

Bike Commuters on the rise in NYC

2008-05-08T11:10:00.000-07:00

According to a city count the number of bicycle commuters has increased by 75% in the past seven years in NYC. Several people interviewed for this LA Times article reported a growing motorist awareness of bicyclists as a result. However, there are still plenty of difficulties to overcome as an urban bike commuter...getting doored by taxi cabs, anarchic traffic patterns, angry motorists, and lack of proper police enforcement in vehicle/cyclist collisions...

Despite the increase in bicyclists, Copenhagen this city is not. According to Transportation Alternatives, the number of riders is still estimated to be less than 1% of the metropolitan population. In contrast, 40% of Copenhagen's population commutes by bike...even through the harsh winter. NYC has implemented various programs to encourage bike commuting, and apparently hopes to double the number of riders by 2015.

-lauren

Hearing for Jose Rincon next Wednesday-- please attend!

2008-05-07T10:57:00.000-07:00

I just received this media advisory about Jose Rincon, the young man who was killed while riding his bike on January 12. He was struck by Glenda Rumsey, who fled the scene. She had a blood-alcohol content of .246 (!). Ms. Rumsey is out of jail and back on the streets now, still driving. I reported on young Jose Rincon and this awful tragedy here and here and here.

Media Advisory

WHAT: Pre-trial Hearing re: Jose Rincon Bike Tragedy - DUI fatality case

WHEN: Wednesday, May 14, 9:45 a.m. Room 580, Pima County Superior Court, 110 W. Congress St., Tucson, 85701.

WHAT: The pre-trial hearing will determine the trial date for Glenda Rumsey, charged Jan. 22 with manslaughter, aggravated assault with a deadly weapon, leaving the scene of a fatal accident and extreme DUI.

WHO: The prosecutor is Deputy Pima County Attorney Mark Diebolt, and the judge is the Hon. Judge Richard S. Fields. At the last hearing on March 18, more than 70 family and friends of Jose Rincon attended; more are expected on Wednesday.

Background: On Jan. 12, 2008, Jose Rincon, 14, was hit and killed while riding bikes with a friend on the shoulder of the road off Broadway east of Harrison. According to the Tucson PD police report, the boys were not at fault. The driver, Glenda Rumsey, kept driving and was followed and brought back to the scene on foot by witnesses. She was arrested and more than two hours after the accident measured a .249 blood alcohol level, according to the police report. On Jan. 22, she was charged with manslaughter, aggravated assault, leaving the scene of a fatal accident and extreme DUI.

Media Coverage: To get prior approval for cameras in the courtroom, call Judge Fields' office at 740-8434. Since on-camera interviews are not permitted in the hallways, the Rincon family will gather at the fountain after the hearing. To interview them before the hearing or receive a copy of the police report by mail, contact Beryl Wolfe at 207-9581 or beryl@wolfepr.com. For more info on courtroom camera rules, go to www.sc.pima.gov and click on the Community Relations icon on the left.

Why this is important: Rumsey, of Tucson, is a paralegal. She lost her license for only 30 days, instead of the usual 90, and is currently driving. Her bail was set at only $50,000, considered low for the charges she is facing and for a DUI involving the death of a child. According to the police report, she had been drinking, alone, at a local Chuy's for six hours before Jose was struck by her car and killed – from 1 in the afternoon until 7 p.m., which has not yet been reported by media. The accident occurred shortly after she left Chuy's at 7:20 p.m. when she missed her turn and drove onto the shoulder of the road.

Jose Rincon (jpeg attached) was a straight-A student at St. Michael's Parish Day School, a talented mariachi musician, fun, witty, smart and loved by all who knew him. He also was a model citizen. He was named MVP one summer at the Lute Olsen U of A basketball camp, where the MVP award will be re-named in his honor. He received a perfect score on the UHS entrance exam weeks before his death, but wanted to go to Salpointe - in fact, he took the Salpointe entrance exam on the morning he was killed. Known as "Guapo" among his family, Jose's death is a tragedy in every sense of the word - a huge loss for his family and the Tucson community. Here is a link to the legacy.com obituary and comments: http://www.legacy.com/Tucson/Obituaries.asp?Page=LifeStory&PersonId=101271724

It is unlikely that anything about Glenda Rumsey's driving privileges will change at this hearing, but it is important to show how large the community is that has been affected by this case. We are all at risk from the drunken Rumseys out there--Jose Rincon never had a chance against her, and neither would any of us.

--Erik Ryberg

Lots of cops apparently citing people on the Tuesday Night Ride

2008-05-06T21:56:00.001-07:00

Tucsonbikelawyer has a jury trial he is preparing for and didn't make the Tuesday Night Ride because he is working late . . . but lots of calls are coming in that police have swarmed the ride and are ticketing people. Sounds like a real mess out there! We'll have more tomorrow I am sure. Write in with your comments below if you were there and let us all know what happened.

--Erik Ryberg

Girls Bike Out this Saturday!

2008-05-02T11:24:00.000-07:00

Cycle N' Style

1st Saturday of every month you'll see a group of girls on wheels with heels.

Do you bike? Are you a femme? Come join us, 6:30pm at Time Market.

Not in Tucson? Girls Bike Out is Global- we currently have an honorary member in Finland! Just invite a girlfriend, and hop on your bike the 1st Saturday of the month!

-lauren

Ride of Silence this Month

2008-05-02T11:02:00.000-07:00

From the Ride of Silence website:
On May 21, 2008, at 7:00 PM, the Ride of Silence will begin in North America and roll across the globe. Cyclists will take to the roads in a silent procession to honor cyclists who have been killed or injured while cycling on public roadways. Although cyclists have a legal right to share the road with motorists, the motoring public often isn't aware of these rights, and sometimes not aware of the cyclists themselves.

Time and Place (from the GABA newsletter):
May 21st, 6 PM at McCormick Park on North Columbus Blvd. Tucson Mayor Bob Walkup is scheduled to be on hand for the start. Riders will proceed south to Glenn, east to Craycroft, south to 29th Street, west to Columbus, and north back to the park. The 12 mile ride will take about an hour. For more information about the Tucson ride, contact Wayne Cullop at pwcullop@comcast.net, Jean Gorman at prairiejean@aol.com, or Roy Schoonover at RSchoo2823@aol.com

UPDATE-- the above text is in error. The ride will start at 6 PM at Sears Park, just west of Wilmot, at 6 PM. Contact the above organizers for more information.

And another update: Tucson's Ride of Silence will begin at 6 p.m. at Sears Park on 14th Street at Wilmot Road, just south of Park Place Mall. Local officials will be on hand to start the ride with words of encouragement and a police escort will accompany riders and stop motor traffic at intersections. Riders will proceed south on Wilmot to 22nd Street, west to Randolph Way, north to Broadway, east to Wilmot, and south to the park. The 9-mile ride will take about an hour. For more information about the Tucson ride, contact Brian Beck at coyotes@cox.net or Jean Gorman at prairiejean@aol.com.

Thanks to Dean for catching the errors early!

-lauren

Tucson loses bid for platinum award

2008-04-30T10:22:00.000-07:00

From today's paper:

Platinum bike-friendly award eludes region
By Andrea Kelly
Arizona Daily Star

The Tucson metropolitan area has been awarded another gold-level designation for bicycle friendliness, which is good, but not really where advocates wanted to be.
Gold is the second-highest designation from the League of American Bicyclists; only a platinum award is better.

The Tucson area was first recognized as a gold region in 2006. Some of the region's cyclists and cycling advocates applied in March, hoping for a bump up to platinum this year.

Most readers of this blog know that I have been opposed to granting Tucson platinum status until the city resolves its law enforcement problems. Tucson law enforcement needs to begin protecting bicyclists and following up on cases where bicyclists are the victims of assault by motorists.

I hope Tucson can do that, and truly deserve this award.

--Erik Ryberg

El Grupo Conquers the Tour of the Tucson Mountains

2008-04-29T12:06:00.000-07:00

El Grupo youth cycling team successfully completed the Tour of the Tucson Mountains bicycle race last weekend. Months of hard work paid off. El Grupo rode as a pack and averaged 18.8 mph for the 70 mile race. Pretty impressive considering it was the first race for 15-year-old Pablo Silva, who is pictured in the front of this group photo.

-lauren

Strong Sentence for Florida Motorist Who Killed Bicyclist

2008-04-29T10:41:00.000-07:00

A 30-year-old man from Florida was sentenced to 25 years in prison for hitting and killing a mentally handicapped man on a bicycle and leaving him to die in the road. The motorist denied knowledge of hitting the bicyclist, saying that he thought someone had shot at his car or thrown a brick threw the windshield.

It seems highly unlikely that you could hit someone and cause their body to fly 70 feet from your vehicle and remain completely unaware. It appears that the jury is skeptical of the motorist's account as well.

-lauren

Nothing about this says "Sun Tran"

2008-04-27T09:44:00.000-07:00

It seems every Tuesday Night Bike Ride somebody comes up to me with another horror story about almost getting hit by a Sun Tran bus and I can see why. Is there some kind of institutional hostility over there against bicyclists? What is it about that organization? Are there any cyclists in Tucson who have not been struck with terror by Sun Tran drivers?

I was hit by a Sun Tran bus once (grazed, actually, and not badly hurt) and when I approached the driver he screamed at me and told me he had no other option but to hit me because, otherwise, he might have hit a car. Waiting to pass safely (this occurred in a construction zone) was apparently so unthinkable as to not even be an option.

I filed a complaint against him and later asked Sun Tran if they had ever spoken with the driver. Neither Sun Tran nor their lawyer ever responded to me, and I assure you that next time it happens I will not be so accommodating.

From the looks of the above video, Louisville's got a whole different thing going on than Tucson.

--Erik Ryberg

Audio from the April 8 Tuesday Night Bike Ride 911 calls

2008-04-24T15:45:00.000-07:00

Hopefully I have the bugs worked out of this.

Lauren obtained the audio of the 911 calls that got the helicopter called out on the April 8 Tuesday Night Bike Ride. It's a .wav file. If it doesn't work for you, try right clicking and downloading, but it should open up right away with a traditional left click.

--Erik Ryberg

Another video stolen shamelessly from Urbanvelo.org

2008-04-23T20:29:00.000-07:00

Urban Velo put this up and it is just so hilarious for an old art history/cycling double-major like me that I can't resist sharing it.

It cheered me up on a grim evening, so maybe it will do the same for you!

--Erik Ryberg

Reason No. 3,456,898 to ride your bike

2008-04-23T16:48:00.000-07:00

Exxon-Mobil posted record profits this year, easily beating all other Fortune 500 Companies.

Exxon's 40 billion dollar profit this year is the highest ever annual profit from a U.S. company, a record that Exxon-Mobil also set in 2006 and 2005.

--Erik Ryberg

Idaho police searching for motorist who threatened to cut cyclist's throat.

2008-04-23T14:00:00.000-07:00

Fun times from my old home of Moscow, Idaho:

Motorist brandishes knife in confrontation with bicyclist (Subscription required)

A man allegedly threatened to cut a bicyclist's throat with a pocket knife during an altercation at the corner of Sixth and Jackson streets Wednesday.

Moscow Assistant Police Chief David Duke said a witness reported at about 4:50 p.m. that the driver of a white Saturn stepped out of his vehicle, approached a cyclist and "started using threatening language."

Duke said the man allegedly pulled out a pocket knife, exhibited the blade and said something along the lines of "Would you like me to cut your throat?" The cyclist and driver then left.

The bicyclist, a 44-year-old Moscow man, later called the police department to report the incident. He said the car was partially in the bike lane so he slapped its trunk to let the driver know. The driver then got out of his car and allegedly threatened him, Duke said.

Duke said investigators have identified the suspect's vehicle, which is registered to an out-of-area Washington address. Police are working on contacting the car's owner and finding out who was driving it.

Let's see if the police make an arrest.

--Erik Ryberg

Fifth Annual El Grupo Scavenger Hunt draws 150 people

2008-04-22T08:45:00.001-07:00

This event is a benefit for El Grupo Youth Cycling in Tucson. The way it works is that Ignacio and Daniela hide puzzle pieces in diabolical places all over town and then give out a map with hints of varying degrees of uselessness which drive you crazy as you try to find the puzzle pieces.

The event has a Le Mans start and when you get back to the starting point (BICAS, of course!) you have to put your puzzle together.

My team got second place overall, but owing to our exceptionally poor puzzle-building skills we almost had to settle for the bronze as the team behind us rapidly assembled their puzzle and we floundered around like four bickering chimpanzees. Finally Lauren took control of the puzzle and got it done just before the other team, and we got second place.

We weren't even close to the first place team, which beat us by twenty minutes.

One of the stops was world headquarters of Tucsonbikelawyer.com (that is, my office). People complained that this was a difficult one to find, but for crying out loud folks, there's a sign on the mailbox and the bag of puzzle pieces was in plain view if you just walked along the sidewalk. (Okay Charlotte, it was in plain view to me; I admit I am 6'4" tall and somewhat familiar with the locale . . . )

The event was great fun as teams of bicyclists passed each other all over town looking for the hidden caches of puzzle pieces. Onlookers must have been a little confused by it!

We'll take first place next year.

Update: Pics of the event here (El Gruppo site) and here (Westernskycommunications.com).

--Erik Ryberg

Caveat Emptor

2008-04-21T13:53:00.000-07:00

I love the GABA Bike Swap, which was yesterday. There is always plenty to look at and usually there are lots of frames I would just love to buy if only they were a lot larger. This time around I bought two sets of wheels, a really cool old Raleigh three speed with rod brakes, and a nice set of pedals for the extra-cycle.

I was quite excited about the pedals and went to install them as soon as I got home.

Which is when I discovered that I had purchased two right-hand pedals.

Sigh.

--Erik Ryberg

When can you "take a lane"? Get out your tape measures!

2008-04-18T16:12:00.001-07:00

I get this question a lot and it took on new meaning last night as I was trying to navigate Campbell north of Speedway. The lanes there are narrow and the drivers, for some reason, particularly aggro.

I was very nearly hit by one of those huge limousines made out of semi-trucks. It was terrifying.

According to the Arizona statute, if you are riding at less than the normal speed of traffic you must "ride as close as practicable to the right-hand curb or edge of the roadway" unless you are (1) overtaking another, (2) preparing to turn left, (3) "if reasonably necessary to avoid conditions," and (4) "if the lane in which the person is operating the bicycle is too narrow for a bicyle and a vehicle to travel safely side by side within the lane." ARS 28-815

This fourth one got me to get out my measuring tape. I figure that riding any closer than one foot from the curb is obviously dangerous--you need to have at least twelve inches to maneuver before hitting the curb. From elbow-to-elbow I am 24 inches wide. I am owed three feet of space under 28-735 (A). This equals six feet.

According to my random measurements of various SUVs and mini-vans in my neighborhood, you can expect to encounter lots and lots of vehicles on any road that are six feet wide.

This seems to indicate to me that on any lane that is less than twelve feet wide it is per se legal to take the whole lane under ARS 28-815. (However, remember: I am not a judge or a legislator, I am just a bicyclist with a license to practice law in Arizona.)

Any thoughts? Am I right about this, or wrong? Anybody know how wide the lanes on Speedway are between Main and Euclid? How wide a Campbell lane is between Grant and Glenn? I think they may not be twelve feet, but I may go measure them this weekend.

--Erik Ryberg

What a paintball does when shot at you from a passing car

2008-04-17T15:16:00.000-07:00

Ouch!

It's been a little while since I got a call from somebody who was shot at with a paintball gun while riding their bicycle. But for awhile there I was getting a lot of them. One victim got a good plate and the police visited the vehicle's owner and let him know they were on to him; after that the attacks seem to have stopped. (Go figure).

Here's what my client (that's his forearm, above) told me about getting hit with a paintball:

The scariest part is that they sound just like guns. I remember riding to
the pay phone thinking, "I've been shot. There's a bullet
under my skin," because the contusion was as big as a golf ball. The photo was taken a good three hours and five Pacificos later.

There have been no arrests for shooting paintball guns at cyclists in Tucson that I am aware of. Yet.

--Erik Ryberg

GABA Bike Swap this Sunday!

2008-04-17T14:01:00.001-07:00

(Photo from www.43bikes.com)

Don't forget the GABA Bike Swap this Sunday on 4th Avenue. It begins ridiculously early--many will be there by 5 AM for some unfathomable reason. Lauren and I will show up around 7 or so to distribute FREE! FREE! OMG FREE! reflective bike stickers. They just might save your life! Specially sized to fit helmets, seat stays, racks, pedals, and miscellaneous bathroom stalls.*

Also there will be lots of desirable bike parts, bikes, bike clothes, bike art, and even some things that have no immediately apparent relationship to bicycles in any way, available for your purchase from the many vendors at the swap meet.

Seriously, this bike swap draws a huge crowd and is one of my favorite events. Come buy a bike, sell your bike, get a FREE! FREE! reflective bike sticker, and all you faithful readers out there, say hello to me and Lauren. Elizabeth will be there too! And so will Dwight of www.peacesupplies.org, with lots of bike-related t-shirts and stickers for sale cheap.

*Tucsonbikelawyer.com, its underwriters, employees, affiliates, and service providers do not advocate vandalism. Reflective Stickers for use only on your personal property.

**Update--Early versions of this post mistakenly said the bike swap was on Saturday. Not true! Thanks Greta for the proofreading. And for saving me showing up at 7 AM Saturday and being really confused.--EBR
--Erik Ryberg

Who supplied all those cupcakes last night?

2008-04-16T18:14:00.001-07:00

I almost forgot to post about yesterday's awesomely huge Tuesday Night Bike Ride. Did anybody count? Was it even possible to count? I think we were considerably over our previous record--which may have been last week.

The ride seems to slow down a lot once the numbers exceed two or three hundred riders (as easily was the case last night), but in some ways that makes it even more fun. At one point I was near the front and turned around to see an endless stream of bike lights that vanished way off in the distance.

The ride was short this week but it ended at a parking lot where some good samaritans had set up tables with cookies and cupcakes. I had a delicious chocolate cupcake, complete with an orange slice on top, and then went off to Che's Lounge for the after-ride party with the usual suspects.

Thank you anonymous bakers!

--Erik Ryberg

Pima County Prosecutor on bike commuting

2008-04-16T15:44:00.000-07:00

Jonathan Mosher has a guest opinion in the Star today, taking that paper's "Road Runner" columnist to task (as I have done myself, here) for a recent article that was dismissive of bike commuting.

Mosher is the Pima County prosecutor who tried Melissa Arrington, the drunk driver who killed Paul L'Ecuyer last year and later laughed about it in jail.

Mosher is a cyclist who takes bike issues seriously. Let's hope that people of his skill and commitment continue to be assigned cases of attacks and drunken collisions with cyclists.

--Erik Ryberg

Alleycat Scavenger Hunt to Benefit El Grupo this Weekend!

2008-04-16T12:23:00.000-07:00

This event is going to be so much fun...Erik and I are going to be on a team with our friend Jo. Here is some information from the El Grupo website:

After the GABA Swap Meet, join El Grupo at BICAS for an afternoon of fun on bikes. Follow clues around downtown to solve puzzles and win notoriety and modest prizes. Refreshments by Food Conspiracy Co-op and entertainment by Exhibition of Sound. $5 entry fee for those over age 12. All proceeds to benefit El Grupo Youth Cycling!

Registration:

To register you or your team, please email the following information to:

info@elgrupocycling.org.

*Number of Riders

*Names of all riders

*Number of Riders age 12 or under

*T-shirt sizes

Register early! You will be sent a confirmation email as soon as possible.

-lauren

Did Tucson's baseball bat assailants strike again?

2008-04-14T16:15:00.000-07:00

A homeless man was beaten to death in Tucson last night.

Readers of this blog know that I have been concerned that the men who attacked a client of mine last December, beating him with a baseball bat as he rode his bike home from work, would strike again.

Since we know the owner of the car these men were driving, we have been trying to get the police to pay him a visit, but to no avail. The Tucson police won't do it.

Attacks like the one against my bicyclist client last December typically target homeless people, and are often videotaped. My client believes he was mistaken for a homeless person the evening he was attacked. He was bundled up against the cold and riding a bike with a plastic dairy carton bolted on the back rack.

We will probably never know whether the men who attacked him have attacked others as well. But it seems pretty likely.

Our condolences to the friends and family of "Blue," the man who was beaten to death last night.

--Erik Ryberg

Bike to Work Day

2008-04-11T12:00:00.000-07:00

Bike commuters congregated at the downtown library this morning for coffee, food, conversation, and free bike stuff. David Tang from Ordinary Bike Shop was there all morning giving free tuneups...I overheard conversations about selling cars and opting for bikes with xtracycles...and for a second the world seemed to make sense.

-lauren