I'm posting Joe's request here as it is of interest to the general bicycling community. Please read on, and show up for the court hearing on 5 December. This could affect any of us.
Relevant article HERE in the Daily Post.
In May 2012, I (Joe Wermer) was involved in a bicycle-car accident during the morning commute. I was riding from my house in North Community to my workplace just before 8:00 am. I was wearing a “highway yellow” long-sleeve jersey and other gear, including a helmet and gloves.
As I passed Metzger’s Mobil across from the high school, the car traveling beside me made a right turn into the Metzger’s parking lot (in front of the service bays). As the car crossed into the bike lane on the right turn, it struck the left side of my handlebar, causing me to careen off into the parking bay area and wipe out. Bicyclists commonly call this a “right hook” collision, and this is one of the perils of the road for bicycles. I sustained lacerations and a separated shoulder in the crash. The car driver said that he had “checked his mirrors” before the crash. That tells me that he did not turn his head to check the blind spot.
In the most bizarre turn of events, the LAPD officer gave me a citation for the crash. He cited me for a violation of statute 38-454, “Crossing at other than crosswalks.” This comes out of the pedestrian section of the code, and applies to jaywalkers. With the help of Diane Albert, a Motion to Dismiss was submitted to the Court. However, the Court refused to dismiss the charge without a hearing.
The Motion to Dismiss is scheduled for Wednesday, December 5, 2012, at 10:00 am before Municipal Court Judge Alan Kirk, at the Justice Center (entrance near Ashley Pond). If the charge is not dismissed, then a court trial on the charge will begin right away. Municipal Court meets in the Los Alamos County Justice Center next to Ashley Pond. As this type of incident affects all of us, I would like to see as many of my fellow cyclist in the courtroom as possible.