Friday, January 13, 2006

Intercepted Letter From Paul Tay

Intercepted by Stink Investigations:

RE: Gift From The City of Tulsa

Today, 12 January 2006, is truly a historic day for bicycle drivers in Oklahoma! In Tulsa Municipal Court, Division II, Judge Hofmeister upheld the violation, Speed Too Slow, Impeding Traffic, TRO 37 622. Against a driver operating a bicycle! City of Tulsa Municipal Court Case Number 5247215.

As some of you might know, a similar case was tried in Ohio, Trotwood v Selz.

Now Oklahoma will have its own Trotwood! Here are the facts of the case:

On the morning of 12 December 2005, 0835, the Defendant, me, Paul C. Tay, was driving a bicycle on the shoulder of the Broken Arrow Expressway, Highway 64/51, going westbound.

Defendent was stopped by officers of the Tulsa Police Department. They issued a ticket charging the Defendent with "speed too slow, impeding traffic." TRO 37 622.

In the non-jury trial, City argued that since bicycles can't go 35 miles, the posted mimimum speed, the charge should stand.

The Defendent cited TRO 37 1000, the City of Tulsa Ordinance defining bicycles: Every person operating a bicycle in the City of Tulsa shall be subject to the provisions of this title applicable to the driver of a vehicle, except as to those provisions which by their very nature can have no application.

I also cited OS 47 11-313, the State of Oklahoma Statute allowing municipalities to prohibit bicycles from controlled access roadways only when a prohibitory sign has been posted.

Tulsa Police officers testified no prohibitory signage existed and it was their intent to prohibit bicycles from the Broken Arrow Expressway, if bicycles do not maintain the minimum speed of 35 miles per hour.

CLASSIC Trotwood v. Selz!

I am preparing the "Notice of Intent to Appeal" to appeal the case to the Oklahoma Court of Criminal Appeals. If you believe that the use of the minimum speed law can be effectively used by law enforcement to prohibit bicycles from ANY roadway, I need your help.

The fee to obtain the court transcript: $150. The fee to transmit the instraments of appeal: $100. The fee to file the case with the Oklahoma Court of Criminal Appeals: $50. The fee for the attorney: I am afraid to ask. The right of travel by bicycle on any roadway, anytime: PRICELESS.

I will do whatever it takes, panhandle, collect aluminum cans, sell my left pinky, whatever, to bring this case in front of the Court of Criminal Appeals. If you can help with $$, writing the brief, or just moral support forwarding this email to justice-loving bicycle drivers everywhere, that would be so kewl.

If you want to be removed from the list to receive future updates of my bicycle adventures with Tulsa's finest, lemme know. I will be more than happy to remove your email from my list.

Thanks you for your time and consideration.

Paul Tay