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A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane.
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Hello All,

A Kentucky woman, Cherokee Schill, is currently in jail for riding her bicycle in the travel lane.

It should be noted that Kentucky vehicle code has some differences from California.

She commutes about 18 miles each way.

http://www.centralkynews.com/...01-001a4bcf6878.html

A Nicholasville woman who just lost a court battle over three tickets she received while commuting to Lexington on her bicycle was arrested Tuesday evening.

Cherokee Schill, 41, was arrested by the Nicholasville Police Department on charges of second-degree wanton endangerment and booked into the Jessamine County Detention Center just after 6:30 p.m. Tuesday.

Nicholasville police officer Erik Cobb arrested Schill around 5 p.m. on U.S. 27. The arrest citation stated that Schill was “engaging in conduct she knew would create a substantial danger to other motorists attempting to avoid her.” Community-relations officer Kevin Grimes said the citation also stated that several vehicles were “taking evasive action to avoid striking (Schill).”
Schill is scheduled to appear in court Thursday at 8:30 a.m.

Schill has received five tickets in Jessamine County this year during her commute on U.S. 27, which often causes traffic issues that authorities have said are dangerous to the cyclist and other vehicles. Schill was in court Friday to contest three of those tickets — one of them given to her by Cobb, who arrested her Tuesday — but the judge ruled against her after a nine-hour trial.



Regarding an appeal her attorney writes:

"Thinking that the court "errors" is a bad way to the think. Having spent many hours in court with Cherokee the trial, and having spent many hours researching & Preparing for the trial, I do not believe there are appealable errors. The Court of Appeals cannot rethink the trial. Court of Appeals is required to accept the facts as found by the trial court. This Means to court's finding that the shoulder was acceptable for riding a bicycle is a matter of fact which cannot be reversed on appeal.

It might be argued that such a finding was against the weight of the evidence or was not supported by the evidence. Here officers were all asked and all testified that the shoulder was fine for bicycling. The level of their qualifications doesn't really matter. Our experts provided testimony relative to the dangers of shoulder riding. However there is no rule that the court must pick an expert, who was not at the scene of the incident, over the officer, who was. Cherokee did not have a camera rolling. However she did return and snap a couple pictures of debris from one of the Stops. The officers testified that the debris was not in the area in which he was riding at the time she was cited. In fact the officer testified that had she been cycling on the road in order to get around that particular debris he would not have citedin first place. Unfortunately, another cyclist came up to the scene, pedaling through the minefield of debris.

The Selz case the appeal was carefully considered. It was not done willy-nilly. I consulted with a friend of mine would clerked for the particular Court of Appeals question. And I was able to obtain some general "leanings" of each of the five members of the court. Three of those members would be assigned to the case randomly. We would not find out until the day of whorl argument which three would hear the case. After considering the various options we felt we had a good shot, on the law, and a pretty good shot of getting a decent panel to hear the appeal. As it was, we had the most conservative juror, the most "outdoorsy" one and a judge in the middle. We won a 2 to 1 decision in the Selz case, with the dissenter holding that he would've found Steve guilty of impeding traffic."



------------------------
Steve Magas
The Magas Firm
7733 Beechmont Ave., Suite 210
Cincinnati, OH 45255

"mailto:BikeLawyer@me.com" BikeLawyer@me.com 513-484-BIKE (2453)

Sent on the run from my iPhone


Cheers,

Neal

+1 mph Faster
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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [nealhe] [ In reply to ]
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Shouldn't your post be "Women jailed for repeatedly and knowingly violating the law"?
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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [nealhe] [ In reply to ]
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Bicycles are Vehicles

KRS 189 defines bicycles as
vehicles and, as such, grants
them the right to use KY
roadways.
KRS 189.231 states that all
vehicles SHALL (must) obey
traffic controls applicable thereto,
meaning stops (sic) lights and stop
signs for example.
These statutes, in effect, grant
bicyclists the right to the road but
assigns them the responsibility to
obey all laws and the controls
found there.


"How wonderful it is that nobody need wait a single moment before starting to improve the world." ~Anne Frank
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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [nealhe] [ In reply to ]
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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [nealhe] [ In reply to ]
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She sounds kinda dumb. Rather support people that aren't dragging down the biker image, which already sucks.
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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [Brushman] [ In reply to ]
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She is well within her rights. Give drivers an inch, they will take the country.... What I find hard to believe is that a prosecutor and a sheriff think this is a traffic violation or is criminal. That a judge would agree is astounding.

-Robert

"How wonderful it is that nobody need wait a single moment before starting to improve the world." ~Anne Frank
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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [Robert] [ In reply to ]
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Well within her rights in KY. With that, I would question the amount of time her lawyer actually prepped for the case.

Formerly TriBrad02
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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [sinkinswimmer] [ In reply to ]
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sinkinswimmer wrote:
Shouldn't your post be "Women jailed for repeatedly and knowingly violating the law"?

But she didn't violate the law. It is perfectly legal for her to ride her bike on that road.
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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [Robert] [ In reply to ]
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"She is well within her rights. Give drivers an inch, they will take the country...."

She may be well within her rights, but as a fellow cyclist I'm looking at those videos and thinking "Why doesn't she move to the right?"


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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [kdw] [ In reply to ]
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kdw wrote:
"She is well within her rights. Give drivers an inch, they will take the country...."

She may be well within her rights, but as a fellow cyclist I'm looking at those videos and thinking "Why doesn't she move to the right?"


No Gatorskins? Seriously though, I myself think it is safer in some instances to be more right center of the lane than over on the shoulder. I can't tell from this picture what is coming up or was just behind. I didn't watch the videos. No need really. She isn't breaking the law by riding on a KY roadway.

Formerly TriBrad02
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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [kdw] [ In reply to ]
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Because the farther to the right you go the more likely it is that a driver will try to squeeze by you. Also, those roads are full of crap at the sides, I'm sure. She's much safer inhibiting passing, IMHO.

-Robert

"How wonderful it is that nobody need wait a single moment before starting to improve the world." ~Anne Frank
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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [TriBrad02] [ In reply to ]
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I believe she is violating the condition of: "All slow moving vehicles must bear as far right in their lane as is safe and practical, including bicycles. "

If you watch the video, there are a couple of clips where there is a very wide and clean shoulder, and she is still riding in the center of the travel lane.
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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [kdw] [ In reply to ]
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kdw wrote:
I believe she is violating the condition of: "All slow moving vehicles must bear as far right in their lane as is safe and practical, including bicycles. "

If you watch the video, there are a couple of clips where there is a very wide and clean shoulder, and she is still riding in the center of the travel lane.

While I agree with the quoted condition, it is less safe for a cyclist to be weaving into and out of a travel lane. Think of passing parked cars: you hold your line a door width away from the cars, even when traversing a gap between parked cars.

This woman had better choices:

1) use a different route
2) go on record with the maintaining authority by requesting the shoulder be swept on a regular basis
3) get faster

----------------------------------
"Go yell at an M&M"
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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [kdw] [ In reply to ]
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kdw wrote:
I believe she is violating the condition of: "All slow moving vehicles must bear as far right in their lane as is safe and practical, including bicycles. "

If you watch the video, there are a couple of clips where there is a very wide and clean shoulder, and she is still riding in the center of the travel lane.

I'm all for cyclist rights and I don't know Kentucky at all, and i agree with others that often it is safer to ride a bit to the left than the "far right" and "take my space" within reason. But at some point, the "within" reason needs to come into play too. If I am holding up cars, and about to cause road rage, that is bad for all of us...so it is fine balance, and it SEEMs she is on the wrong side of playing the fine balance 'card'. At least where I live and most places I have biked at other than the roads outside of Lake Placid where the locals literally hate the IM guys riding on the course, drivers, most places are pretty reasonable when we are. Sure, they might still hate us in shaved legs and lycra, but most humans don't want to kill another one no matter how different the other human is....so they will give us enough space to live, but will take enough space to annoy us. When we "get in the way", well, metal versus flesh we know who loses....so we need to take our space with caution.

Bummer she ended in jail.
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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [klehner] [ In reply to ]
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I agree that weaving in and out of the travel lane is the most dangerous behavior, and this is very much the way I ride when there are obstructions along the roadside. However, I believe that as a cyclist you have to use discretion and if there is a long stretch of good road which allows you to move to the right you should take it even if technically you are not obligated to do so. Did you watch the video? Nowhere did I see a situation where this woman couldn't have safely ridden more to the right than she was, and the officer stated that she wouldn't have been charged had there been a reason for her to not move to the right.
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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [devashish_paul] [ In reply to ]
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I'm huge on cyclist rights and am as troubled as anyone by driver aggression towards cyclists. From the video, she is more than just a little over the "fine line". I think she is clearly being purposefully antagonistic which is definitely bad for bike-car relations and raises the probability that any one of us will be plowed down by a car. That road is obviously very very busy - bad for biking. But if she HAS to bike that road, there is a HUGE shoulder. Looks like there is a bunch of gravel and dirt in the shoulder, but she can easily choose tires that could handle that, especially with the kind of bike she is riding and the speed at which she is riding. After 5 tickets and continuing to flaunt law enforcement, what else can you do besides haul her in?

-------------
Ed O'Malley
www.VeloVetta.com
Founder of VeloVetta Cycling Shoes
Instagram • Facebook
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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [kdw] [ In reply to ]
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It's two lanes. They have a single lane to pass but are pissed because they are slowed. This is a very old battle. You are either in favor of giving bikes the right to use the roads or you are not. Pushing them to the far right is a very bad idea. It is not practical to ride to the far right of the road for a variety of reasons which escape fat judges, sheriffs and most American drivers. Drivers need to change their attitudes. If the Europeans can do it, Americans and Australians can do it as well.

-R

"How wonderful it is that nobody need wait a single moment before starting to improve the world." ~Anne Frank
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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [Robert] [ In reply to ]
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"It is not practical to ride to the far right of the road for a variety of reasons"

Sometimes this is the case. Not always. I think it is possible to be able to safely share the road between bikes and cars, but both sides need to be reasonable. Hypothetically, assume in the picture below that the shoulder continues straight for the next mile and is clear of debris and obstructions. Do you really think it would not be practical for her to move over onto the shoulder in that scenario?



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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [RowToTri] [ In reply to ]
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RowToTri wrote:
I'm huge on cyclist rights and am as troubled as anyone by driver aggression towards cyclists. From the video, she is more than just a little over the "fine line". I think she is clearly being purposefully antagonistic which is definitely bad for bike-car relations and raises the probability that any one of us will be plowed down by a car. That road is obviously very very busy - bad for biking. But if she HAS to bike that road, there is a HUGE shoulder. Looks like there is a bunch of gravel and dirt in the shoulder, but she can easily choose tires that could handle that, especially with the kind of bike she is riding and the speed at which she is riding. After 5 tickets and continuing to flaunt law enforcement, what else can you do besides haul her in?

I agree with you. i was just speaking in generalities about cycling behavior and the fine line we 'ride' in terms of pushing our rights, keeping drivers somewhat tolerant of us, while trying to "take" as much of our safety that is reasonable. Perhaps my personal behavior on the roads is reflected here in how I behave on ST. I'll push things within reason to make my point while trying to be reasonable, understanding that in any conflict there are multiple sides and view points and mine is only one that has to co exist in a world where some may share my view, but many will be antagonistic towards it. In the end this comes down to humans interacting with humans each with different interests. In a shared world, we we can't just trample all over those with other points of view if you know what I mean. I think we can make our point while being respectful that there is another side and point of view. Clearly this woman was not respectful of the drivers while perhaps being in her rights. She pushed everyone's buttons for what appears to be "no good reason". She has less confrontational options in my view but chose not to take them. Perhaps she learned the hard way, that there is not as much gained by pissing off those in power. Better to work collaboratively with them to get what you need changed, changed. Drivers can be our friends when making changes. They are our neighbours everywhere. We can live life having them hate us because we are jackasses on 2 wheels or make ways to bring them on our side to affect change. Which path should we take?
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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [kdw] [ In reply to ]
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kdw wrote:
I agree that weaving in and out of the travel lane is the most dangerous behavior, and this is very much the way I ride when there are obstructions along the roadside.


Which just might be why the law was passed that it is ok to use the travel lane. To help stop this "most dangerous behaviour" as you put it.


kdw wrote:
However, I believe that as a cyclist you have to use discretion and if there is a long stretch of good road which allows you to move to the right you should take it even if technically you are not obligated to do so.


Then why have laws on the book if we are going to question when someone is within them?

KY enacted a law saying bikes are ok in the travel lanes. The arrest citation stated "engaging in conduct she knew would create a substantial danger to other motorists attempting to avoid her" She was doing exactly what the law allows her to do, ride on a roadway. Any bike on any roadway with one car could be argued it is a danger to the motorist trying to avoid her.


Once again, I wasn't there. If KY has a problem with bikes on the road, even though they passed laws protecting this, then they need to change the law. Where I live there are signs posted in a lot of places to remind motorists that "cyclists may use full lane". Do I? No. Could I? Yes. Does that upset some other cyclists that someone uses the lane like the law allows even though there is a shoulder? Sure. But why are they upset? Because that cyclist isn't doing it "their way"? That's not how I would do it so let's criticize them for doing it that why even though it's been accepted and put into law that the one being criticized is in the right?


Do motorists driving on the interstate criticize the other motorist going 45mph even though that is the minimum in most states? Why? It's a 30mph difference in some states. Is that not dangerous as well? Is it ''as dangerous"? I dunno and I do not feel like looking up statistics and studies right now. I need to get a swim in. All I know is if people are following the law but people do not like when people are following that law then one needs to change the law, not the person following it.


Disclaimer: I do not proof this reply. haha

Formerly TriBrad02
Last edited by: TriBrad02: Sep 18, 14 6:38
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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [TriBrad02] [ In reply to ]
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"Then why have laws on the book if we are going to question when someone is within them?"

As I pointed out above, there is also a stipulation that:

"All slow moving vehicles must bear as far right in their lane as is safe and practical, including bicycles. "

I would expect cyclists to get a decent amount of leeway w/regards to interpretation of this, and that in this case the legal system did not agree with her interpretation of how far to the left she needed to be.

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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [devashish_paul] [ In reply to ]
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devashish_paul wrote:
the fine line we 'ride' in terms of pushing our rights

You say 'pushing our rights'...I say 'exercising our rights'.

Formerly TriBrad02
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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [kdw] [ In reply to ]
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kdw wrote:
"Then why have laws on the book if we are going to question when someone is within them?"

As I pointed out above, there is also a stipulation that:

"All slow moving vehicles must bear as far right in their lane as is safe and practical, including bicycles. "

I would expect cyclists to get a decent amount of leeway w/regards to interpretation of this, and that in this case the legal system did not agree with her interpretation of how far to the left she needed to be.


To the right she needed to be.

If this was the case then anytime any motorist in the left lane has another motorist behind them they should move to the right lane or else face a ticket as well. We all know this happens...NOT.

Formerly TriBrad02
Last edited by: TriBrad02: Sep 18, 14 6:49
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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [nealhe] [ In reply to ]
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We want motorists to share the road with us as cyclists, so I think we need to keep the same thing in mind. I looked on a map and she does have other roads she could use. The other roads appear to be two lane and aren't straight, so there could be safety issues on those roads.
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Re: A Kentucky woman, Cherokee Schill, Is Currently In Jail For Riding Her Bicycle In The Travel Lane. [TriBrad02] [ In reply to ]
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No, I meant what I wrote. The ruling here is that she was riding farther to the left than she needed in order to be safe and practical.
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