Hello Robert and All,
No ............... the appeal case was not pursued as it appeared it was a loser and could establish a bad precedent.
From the link posted above:
Cherokee L Schill
UPDATE #45
1 MONTH AGO
All charges have been dropped.
I made the following to help you better understand the statutes in Kentucky.
http://www.slideshare.net/cherokeeschill/krs-189
and
http://www.slideshare.net/...include-the-shoulder
This isn't over. Not by a long shot.
I took one on the chin for Kentucky cyclists.
My life is officially screwed over.
I lost my job and my home.
Everything I had worked for up to the point of the traffic tickets is gone.
I have nothing to show for all the hard work I put into starting a new life for myself and my children.
The first attorney I had was a local cyclist and he was in over his head. He was ill prepared and not well suited to handle this case. That is why I lost the first 3 traffic tickets.
Steve Magas tried to pull a save and make a good argument for an appeal but the ball was dropped by the first attorney and if I had pursued the appeal the ignorance and prejudice that is prevalent here could have set cycling back 150 years into the past.
I followed Steve's advice and I did my research into the appellate judges and I looked up case history for the most prominent cycling ruling here in KY.
The average person does not understand how the law works or how laws get made. I took my time to review everything I could.
I came to the conclusion that with the way the case was poorly handled and the ignorance about what constitutes safe cycling, I needed to let this one go for the cyclists.
If this had been all about me and if all the mean nasty people were correct, then I would still be pushing forward with an appeal. But I'm not. I'm not willing to potentially ruin it for everyone just to have my day in court.
Am I happy about it? Hell No!!
I am pissed as all get out.
The first attorney isn't a bad person. He is a good person who was doing a favor for a friend. I trusted him.
I learned some valuable lessons from this.
1. The media is about selling newspapers and garnering the most viewers on t.v. but there are good and ethical reporters out there.
2. Just because they ride a bicycle and belong to a cycling club doesn't mean they know what they are doing.
3. Your real friends stay in touch even if you lose the first go round.
4. There is nothing more fun than to ride a bicycle for transportation.
5. There are some really terrific people in Nicholasville and I'm glad to have gotten to know them.
6. There are some real assholes in the Lexington bicycling community.
7. There are some really good people in the Lexington bicycling community and I am grateful to them for sticking up for me.
I'm going back to school and pursuing a law degree.
I will never let this happen to another cyclist again. The buck stops here!
Cheers, Neal
+1 mph Faster
No ............... the appeal case was not pursued as it appeared it was a loser and could establish a bad precedent.
From the link posted above:
Cherokee L Schill
UPDATE #45
1 MONTH AGO
All charges have been dropped.
I made the following to help you better understand the statutes in Kentucky.
http://www.slideshare.net/cherokeeschill/krs-189
and
http://www.slideshare.net/...include-the-shoulder
This isn't over. Not by a long shot.
I took one on the chin for Kentucky cyclists.
My life is officially screwed over.
I lost my job and my home.
Everything I had worked for up to the point of the traffic tickets is gone.
I have nothing to show for all the hard work I put into starting a new life for myself and my children.
The first attorney I had was a local cyclist and he was in over his head. He was ill prepared and not well suited to handle this case. That is why I lost the first 3 traffic tickets.
Steve Magas tried to pull a save and make a good argument for an appeal but the ball was dropped by the first attorney and if I had pursued the appeal the ignorance and prejudice that is prevalent here could have set cycling back 150 years into the past.
I followed Steve's advice and I did my research into the appellate judges and I looked up case history for the most prominent cycling ruling here in KY.
The average person does not understand how the law works or how laws get made. I took my time to review everything I could.
I came to the conclusion that with the way the case was poorly handled and the ignorance about what constitutes safe cycling, I needed to let this one go for the cyclists.
If this had been all about me and if all the mean nasty people were correct, then I would still be pushing forward with an appeal. But I'm not. I'm not willing to potentially ruin it for everyone just to have my day in court.
Am I happy about it? Hell No!!
I am pissed as all get out.
The first attorney isn't a bad person. He is a good person who was doing a favor for a friend. I trusted him.
I learned some valuable lessons from this.
1. The media is about selling newspapers and garnering the most viewers on t.v. but there are good and ethical reporters out there.
2. Just because they ride a bicycle and belong to a cycling club doesn't mean they know what they are doing.
3. Your real friends stay in touch even if you lose the first go round.
4. There is nothing more fun than to ride a bicycle for transportation.
5. There are some really terrific people in Nicholasville and I'm glad to have gotten to know them.
6. There are some real assholes in the Lexington bicycling community.
7. There are some really good people in the Lexington bicycling community and I am grateful to them for sticking up for me.
I'm going back to school and pursuing a law degree.
I will never let this happen to another cyclist again. The buck stops here!
Cheers, Neal
+1 mph Faster