Vehicular Cycling (VC) - Was pulled over and ticketed on my commute yesterday

Hello,

I received a traffic ticket yesterday and was told that I could not commute by bike through Gallatin, Tennessee anymore. After not being able to sleep and getting online to post this message on the Bentrider Online forum, I was advised to copy my first post and send it to you with the hopes that you may be able to help me out in some fashion. The entire thread can be read at: http://www.bentrideronline.com/messageboard/showthread.php?t=42736 This was my first post:

Was pulled over and ticketed on my commute yesterday.....(long)
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It may just have been an ignorant officer, but it still has made for a very sleepless night.

After being pulled over, the officer told me that there had been many calls about me riding a bicycle on the road. I informed him that I had read in Tennessee Code Annotated that I had all the rights and responsibilities of a motor vehicle and that the road/shoulder was too narrow to justify not taking the full lane for safety, so I was taking the full lane since the bike lane did not go thru town . I could not remember the chapter and section which covered bicycles, but being an officer he should know. Well, ignorant may be giving the officer too much credit, as he informed me that because of Gallatin Municipal Code that I was impeding traffic because I was not able to maintain the posted speed limit of 45, that I needed to have the bike registered and insured, and that I was going to have to call someone to come pick me up, as he would not allow me to pedal out of town. I asked him to call a supervisor over, and he informed me that his superior had rolled by as I was being stopped and was now too busy. I started off thinking that he may not know, but would be told of his error once he talked to someone else, but obviously that was not going to happen. After giving him my license and getting the $105 ticket and being told that the next time they saw me on the street that things would escalate. Well I was a bundle of nerves(angry, confused, anxious, ashamed) and did not know what to do next as I still had at least 2 miles to get out of town and then another 12 to get back home.

I did pedal home and looked up the laws that cover bicycles for Tennessee(and I was right...or at least I think I am, but when an official tells you that you are wrong, then you question yourself). I can not figure out why a city law would supercede state law and why said city law would target bicycles in a way to insure they not be able to be legally ridden, as there is no way anyone I know of can maintain 45mph. (END)

The ticket was for impeding traffic. The stretch of roadway in question is three lanes(center turn lane) at the point where the officer pulled me over. Road is four lanes in town and two(with a bike lane) as you come to the edge of town. I would appreciate any advice/help that you may offer.

contact your local bicycle advocacy organization. cop was ignerent.

buy 'bob mionske's "cycling and the law" if you want some gristle to digest about bicyclists right to the road and being traffic.

Maybe talk to a lawyer?

You'd be advised to consult a lawyer.

Gallatin Municipal Code is available online:
http://www.municode.com/Resources/gateway.asp?pid=12389&sid=42

from chapter 16:
Gallatin Sec. 16-2. Bicycle riders, etc. (a) Every person riding or operating a bicycle, motorcycle, or motor-driven cycle shall be subject to the provisions of all traffic ordinances, rules, and regulations of the city applicable to the driver or operator of other vehicles except as to those provisions which by their nature can have no application to bicycles, motorcycles, or motor-driven cycles.

Sec. 16-137 concerns speed limits on specific streets.

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LAB has a page for Tennessee (although the link to the state code doesn't work):
http://www.bikeleague.org/action/bikelaws/tn.php


----

The Tennessee code is available at:
http://www.michie.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=tncode

See Title 55 chapter 8

Tennessee Sections 55-8-171 thru 55-8-178 concern bicycles.

Tennessee law defines a bicycle as having 2 wheels, although in Chapter 26 Pedal Carriages and Rickshaws, pedal carriages and rickshaws are definded as 4 and 3 wheel bicycles, respectively (designed to be used to transport passengers). Logically, if a rickshaw is a bicycle with 3 wheels, then a device with three wheels is a bicycle.

Tennessee § 55-8-101(4). Definitions
“Bicycle” means every device propelled by human power upon which any person may ride, having two (2) tandem wheels, either of which is more than twenty inches (20") in diameter;

§ 55-8-101 (73) “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

§ 55-8-101(28). “Low speed vehicle” means any four-wheeled electric vehicle...

I couldn't find a definition of Human Powered Vehicle (HPV) in the Tennessee code.

I am not a lawyer.

Impeding traffic is not a bicycle specific violation, it applies to any vehicle that is not going as fast as it reasonably can can go. Enforcing it as not keeping up with the speed limit is the same as saying bicyclists and slow moving vehicles are not allowed on any road, in direct conflict of laws saying they are allowed. Contact your local bicycle advocacy group/bike club and see if they have a lawyer recommendation.

Get a lawyer. Or at the very least, talk to a lawyer.

With regards to impeding traffic, here is the best summary ...

http://www.velonews.com/article/9772

Good luck.

I started off thinking that he may not know, but would be told of his error once he talked to someone else, but obviously that was not going to happen. After giving him my license and getting the $105 ticket and being told that the next time they saw me on the street that things would escalate.


The ticket was for impeding traffic.What code provision is cited in the ticket?

This happend in Hazzard County? Roscoe? Bo? Luke?

The posted speed limit is a maximum, not a minimum.

The cop is a moron.

I think I would pay a visit to the local States Attorney, with a copy of the laws in hand, and ask for their opinion. I'd be willing to bet, that their opinion will be in direct opposition to the local constabulary. Then, go visit the local PD, and ask to see the chief.

Don't forget, that your tax dollars support the SA, and they will work as much for you as against you.

I have had real good luck talking to the States Attorney, be it county or state. Doesn't cost you anything either....

I think I would pay a visit to the local States Attorney, with a copy of the laws in hand, and ask for their opinion. I'd be willing to bet, that their opinion will be in direct opposition to the local constabulary. Then, go visit the local PD, and ask to see the chief.

Don't forget, that your tax dollars support the SA, and they will work as much for you as against you.

I have had real good luck talking to the States Attorney, be it county or state. Doesn't cost you anything either....

Do you mean the district attorney, the one responsible for prosecuting cases? If so, this was a municipal citation from what I read. Municipal violations are handled by municipal courts in most states. The municipality will have a prosecuting attorney present at the trial, but the states attorney is not involved at that level. It may or may not do to talk to the city's prosecutor. Sometimes, they don't want to chat until its time to go to court.

You may want to take the matter up with the city manager and/or mayor. The town is progressive enough to have a dog park, maybe they are in other matters. I doubt that it wants to be known as the Tennessee town that prohibits bikes.

Around here, the prosecuting attorney for the city, would be the county states attorney.... or an associate county states attorney....

Also, District Attorney - States Attorney, same thing.

Hello,

I received a traffic ticket yesterday and was told that I could not commute by bike through Gallatin, Tennessee anymore. After not being able to sleep and getting online to post this message on the Bentrider Online forum, I was advised to copy my first post and send it to you with the hopes that you may be able to help me out in some fashion. The entire thread can be read at: http://www.bentrideronline.com/messageboard/showthread.php?t=42736 This was my first post:

Was pulled over and ticketed on my commute yesterday.....(long)
--------------------------------------------------------------------------------

It may just have been an ignorant officer, but it still has made for a very sleepless night.

After being pulled over, the officer told me that there had been many calls about me riding a bicycle on the road. I informed him that I had read in Tennessee Code Annotated that I had all the rights and responsibilities of a motor vehicle and that the road/shoulder was too narrow to justify not taking the full lane for safety, so I was taking the full lane since the bike lane did not go thru town . I could not remember the chapter and section which covered bicycles, but being an officer he should know. Well, ignorant may be giving the officer too much credit, as he informed me that because of Gallatin Municipal Code that I was impeding traffic because I was not able to maintain the posted speed limit of 45, that I needed to have the bike registered and insured, and that I was going to have to call someone to come pick me up, as he would not allow me to pedal out of town. I asked him to call a supervisor over, and he informed me that his superior had rolled by as I was being stopped and was now too busy. I started off thinking that he may not know, but would be told of his error once he talked to someone else, but obviously that was not going to happen. After giving him my license and getting the $105 ticket and being told that the next time they saw me on the street that things would escalate. Well I was a bundle of nerves(angry, confused, anxious, ashamed) and did not know what to do next as I still had at least 2 miles to get out of town and then another 12 to get back home.

I did pedal home and looked up the laws that cover bicycles for Tennessee(and I was right...or at least I think I am, but when an official tells you that you are wrong, then you question yourself). I can not figure out why a city law would supercede state law and why said city law would target bicycles in a way to insure they not be able to be legally ridden, as there is no way anyone I know of can maintain 45mph. (END)

The ticket was for impeding traffic. The stretch of roadway in question is three lanes(center turn lane) at the point where the officer pulled me over. Road is four lanes in town and two(with a bike lane) as you come to the edge of town. I would appreciate any advice/help that you may offer.

So on the one hand you admit to impeding traffic, then you complain because you are being treated like any other vehicle on the road.......If you can't find a way to NOT impede traffic (another route, earlier start, staying more to the right, etc) then best you don't commute. The good of the many outweigh the good of the few, or the one (as Spock would say). Pay the fine, find a way to commute and get along with your fellow commuters, regardless of what they commute in.....

So on the one hand you admit to impeding traffic, then you complain because you are being treated like any other vehicle on the road.......If you can't find a way to NOT impede traffic (another route, earlier start, staying more to the right, etc) then best you don't commute. The good of the many outweigh the good of the few, or the one (as Spock would say). Pay the fine, find a way to commute and get along with your fellow commuters, regardless of what they commute in.....

Why should he pay a fine if he was riding lawfully? Which statutory provision did he violate?

There may be a restriction to riding that particular road. Around here, I may not ride on our main street as posted. If you aren't allowed to ride it, there should be signs around, however.

So on the one hand you admit to impeding traffic,

'Taking the lane' does not equal 'impeding traffic'.

So on the one hand you admit to impeding traffic, then you complain because you are being treated like any other vehicle on the road.......If you can't find a way to NOT impede traffic (another route, earlier start, staying more to the right, etc) then best you don't commute. The good of the many outweigh the good of the few, or the one (as Spock would say). Pay the fine, find a way to commute and get along with your fellow commuters, regardless of what they commute in.....

Say it with me: "speed LIMIT." Go read (and comprehend) the laws and maybe you'll see the ridiculousness of this ticket.

Around here, the prosecuting attorney for the city, would be the county states attorney.... or an associate county states attorney....

Also, District Attorney - States Attorney, same thing.

Gallatin has a city attorney and a municipal court that handle municipal citations. Though, I must say, the city's website is poor when seeking information about the courts, request for trial of traffic citations, etc.

'Taking the lane' does not equal 'impeding traffic'.

Correct. In fact, the Tennessee statutes cited in the link in JRA's post say exactly that.

Section 55-8-154(a) provides, that "No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law."

As a threshold matter, because this section specifically refers to "motor vehicles," rather than just "vehicles," it is arguably not applicable to bicycles. Even if it does apply to bicycles under section 55-8-172 ("Every person riding a bicycle upon a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter ..."), there are two exceptions to the proscription on driving at slow speeds: (1) "when reduced speed is necessary for safe operation," and (2) "when reduced speed is ... in compliance with the law." The first of these exceptions is arguably applicable. The second is applicable based on the facts as they were presented to us because "reduced speed is ... in compliance with the law." Specifically, section 55-8-175(a)(1) expressly provides that "Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway, except ... When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge." This code section goes on to define “substandard width lane” as a "lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane."

Thus, given the facts as they were presented by the original poster, the Tennessee statute expressly permits him to travel in the substandard width lane.

'Taking the lane' does not equal 'impeding traffic'.

It does in New Orleans! I've been telling you kind folks that for some time now. It is the cop's call. If he shows up in court and tells the judge you were impeding traffic - then you were, whether you believe you were or not.

Pay the danged ticket. I know it sucks. Then adapt your riding style/route to suit the facts on the ground. Or get a lawyer and spend a bunch of dough to fight it, measure the lanes, hire a civil engineer as an expert witness, etc.

It does in New Orleans! I've been telling you kind folks that for some time now.

Aren't you special.

Please talk to a traffic lawyer. The initial consultations are free. You have a good case. Don't you dare pay that ticket. If you pay the ticket, they win. You will never be able to ride that road again, neither will anyone else.

Police officers are often ignorant of the laws they are supposed to enforce. "Escalating" what does that mean? Did he threaten to arrest you?

I would put my foot down and stand up to these people. They are not better than you.

It does in New Orleans! I've been telling you kind folks that for some time now. It is the cop's call. If he shows up in court and tells the judge you were impeding traffic - then you were, whether you believe you were or not.

Pay the danged ticket. I know it sucks. Then adapt your riding style/route to suit the facts on the ground. Or get a lawyer and spend a bunch of dough to fight it, measure the lanes, hire a civil engineer as an expert witness, etc.

**** the OP didn't even say anything about TRAFFIC being on the damned road. I take the lane on all the roads during my commute, mind you there are 2 lanes each way so cars usually don't have an issue and if they do too bad.

I'd be damned if I have to pay that ticket, the law is very vague on what is deemed safe enough to be riding on the curb, I've come to interpret it as I'll ride in the right tire track or in the middle of the lane. Especially since that road had a center lane people can still safely pass him. Illinois law has the same clause about bikes needing to be as close to the right as it is safe, and I've blown past plenty of cops in the middle of the lane and usually all they do is point their radar gun at me to see how fast i'm going.

I've seen some of your video's and i'm actually shocked that you would tell him to pay the ticket, I'm sure you'd be pissed off if you have to pay such a ridiculous ticket.

Read the guys post.......the cops were getting complaints because he's IMPEDING traffic........I'll tell you, it appears to me that many posting to this particular thread are....well........products of the public school system!
GEEZE!

Read the guys post.......the cops were getting complaints because he's IMPEDING traffic........I'll tell you, it appears to me that many posting to this particular thread are....well........products of the public school system!
GEEZE!


"After being pulled over, the officer told me that there had been many calls about me riding a bicycle on the road."

According to the post there is no mention of complaints about 'impeding traffic', or complaints of any kind for that matter, although it's probably a fair assumption these 'calls' were complaints. In my experience people complain a lot about bikes on the road whether they're causing problems or not. People complain about a lot of things that are perfectly legal - read any newspaper comments section whenever bikes are mentioned.

The ticket was for 'impeding traffic', but it's not the first time that a ticket's been written when the only other traffic on the road was the ticketing police officer's, so again it's not very reliable evidence. Basically we only have the OP's word about traffic conditions, but they haven't been mentioned yet. So, are you going to make any more snide comments about people's reading comprehension?

...i'm actually shocked that you would tell him to pay the ticket, I'm sure you'd be pissed off if you have to pay such a ridiculous ticket.

I'm pizzed off and it's not even my ticket. The worst of it is he didn't even get a "heads up" from the cop. And the citizens who complained were probably his wife, his mother, and his girlfriend.

I would fight the BS that he is banned from that road. No doubt about that. But the ticket - unless the D.A. is very cool and reasonable, he's gonna have to pay it. It's the cop's call. So just be done with it. Fight the bigger fight if the OP is up to it.

It would be interesting to ride that road again with a good lawyer looking for trouble. I don't have extra time for such things.

people think you're impeding traffic if you are riding on the shoulder, that means nothing.

My idea of taking the lane is riding in the right tire track. Don't think I would ride in the left tire track in town on a 45 mph speed limit road, and I'm disinclined to ride on such a road if it doesn't have a shoulder. Don't think it's a good idea, or safe. I will take the left tire track on the descent on windy mountain road where they'd have to be speeding to pass me.

I've had a cop pull me over because there were cars backed up behind me, but my interpretation, and the interpretation of my riding partner was they would have passed if the cop wasn't there. Wide lanes, no traffic in the other lane, no reason not to pass except for a double yellow line and a cop on your bumper. Under normal conditions, I'm not going to pull over and stop if cars have a reasonable chance to pass. I can think of one time where I probably should have, even though it was the first car behind that was really impeding traffic. Probably should have gotten their license plate and called the cops asking for a competency exam on that one.

Should the OP fight the ticket, it appears there will be a cost an administrative fee of $65 plus another fee the state sticks on of $13 if found guilty. Don't know what traffic attorneys cost there, here they run from about $55 to $100. Perhaps and advocacy group can help with the costs and finding an attorney.

For the OP, here's my thread about being pulled over in a somewhat similar situation. Not sure if you'll find anything in there that's useful or not but it's at least entertaining at points.

http://www.bikeforums.net/showthread.php?t=335730

It does in New Orleans! I've been telling you kind folks that for some time now. It is the cop's call. If he shows up in court and tells the judge you were impeding traffic - then you were, whether you believe you were or not.

Pay the danged ticket. I know it sucks. Then adapt your riding style/route to suit the facts on the ground. Or get a lawyer and spend a bunch of dough to fight it, measure the lanes, hire a civil engineer as an expert witness, etc.

You have examples of this? Perhaps they should have hired a lawyer.

Should the OP fight the ticket, it appears there will be a cost an administrative fee of $65 plus another fee the state sticks on of $13 if found guilty. Don't know what traffic attorneys cost there, here they run from about $55 to $100. Perhaps and advocacy group can help with the costs and finding an attorney.

Except that it is only road into town. Assuming he wants to cycle in, he needs to fight it.

Read the guys post.......the cops were getting complaints because he's IMPEDING traffic........I'll tell you, it appears to me that many posting to this particular thread are....well........products of the public school system!
GEEZE!

See Allister's post.

Except that it is only road into town. Assuming he wants to cycle in, he needs to fight it.

The OP didn't say which road he took. Looking at Google Street View, 31 and 25 appear to meet the description. It may be possible to route around the highway should he be using 31. I didn't explore 25. But, I was not advocating not fighting the ticket. Just pointing out that there are costs associated with losing the case that are in addition to the fine.:(

Read the guys post.......the cops were getting complaints because he's IMPEDING traffic........I'll tell you, it appears to me that many posting to this particular thread are....well........products of the public school system!
GEEZE!

Since you're so quick to question the reading comprehension of others, have you read the statute? I can't help but notice that you ignored my question about what provision you contend the original poster violated.

From what I gathered in a quick search, there is an inactive state bicycle advocacy group. The closest active group is WalkBike Nashville. Get in touch with them here:

E-Mail Inquiries:
INFO@walkbikenashville.org
Phone: (615) 585-2014

Thank you everyone for your support and advice. I don't have much time durring the week but just wanted to update everyone. I will try to get more in depth this weekend.

I do try to be a good representative for commuting by bike, and take the lane because it is the responsible thing to do to remain safe. The section of road between the 4 lane(where there should be no probems with being passed) to the bike lane takes me all of 5 min to travel(1 by car), so if someone was stuck behind me all the way then it should not be a terrible thing. It is understandable that some people would get annoyed at loosing 4 min in their car, and call to complain about it, but they should be educated(if I am correct) about cyclist rights.

To answer a couple of questions. The road I was on is Broadway. I pulled out of 415 Broadway heading east. There was very little traffic.....in fact there were maybe two cars which passed me before the officer was behind me. I do not even believe that I was impeding traffic under the law for motor vehicles as it is defined as holding up 5 or more vehicles Since he has a dashcam, I have filed to get the video and will try to post it when they get it to me. I have started gathering information in order to fight, as not being able to commute is not an option.

The measurements are as follows.......
Broadway's east lane: 11'(substandard width in TCA, but only by 1 foot)

Shoulder of the road from 415 Broadway(where I pulled out of) to intersection: from 20" to 56".......farther down the road before the bike route begins it gets down to 6" with a visibly scraped guardrail in a couple of spots.

Bike lane that begins within the city limits heading out: 102" to 135"

Trike: 31" not counting the mirrors which protrude out to each side


Met with a lawyer(criminal...... who is a brother of a pal of mine) for consultation , but he is not my first choice, as I would rather find one who is a cyclist as well, or at least is more versed on traffic laws as he has to "look into the matter" and will be letting me know what he finds out.

I will contact WalkBike Nashville, as that is the first group in the area that I have heard of.

Thanks again for your advice and support.

Someone sent me a PM asking for a copy of the ticket, but I have no way of scanning the ticket in order to PM a copy. Someone told me that the information was available by using the ticket # which is 258871.....if that helps. The officer is D. Pierce #344. The citation of "impeding traffic....Driving a 3 wheeled bicycle on Broadway & holding up appoximatly 1/4 mile of traffic" was not given a section # to look up.

My main goals are in order (1) make sure I am legal, (2) be able to resume my commute, (3) Try not to let this situation cause any more stress/anxiety in my life, (4) insure that the local PD knows the laws they enforce, (5) Get through this without going broke.

^You were taking the full lane, when there was a shoulder beside the lane. Under Tenn Law, you had a right to do so if safe operation required it.

If however, it would have been safe and practical to ride on the shoulder, or farther right in the traffic lane, then I think there could be an argument that you were impeding traffic.

IMHO, it comes down to whether safe operation required you to take the lane.

None of the rest of us were there, and thus we don't know the answer what is really the central question.

Pics of the road would help.

Try Google maps, 415 E. Broadway, Gallatin. Tennessee street view. If that's the location, not much choice as to where to ride.

The posted speed limit is a maximum, not a minimum.

+100


The cop is a moron.


General "Buck" Turgidson: We-he-ell, uh, I'd like to hold off judgement on a thing like that, sir, until all the facts are in.:roflmao2:

Trike:

I knew there had to be something left out of the OP.

Many states have Bicycle laws i.e., 2-wheels. Often, trikes are not included and are considered - wrongly in many cases - toys by law. Are you sure that trikes are considered non-toys in the bike laws there?

(I did a Control-F search of the entire first page of this thread and no sign of the word "Trike" or "Tricycle" - did I miss it somehow? I saw the rickshaw reference.)

Grab two or three cans of white spray paint and paint a bike lane on there.

Problem solved.

Your welcome.

So on the one hand you admit to impeding traffic, then you complain because you are being treated like any other vehicle on the road.......If you can't find a way to NOT impede traffic (another route, earlier start, staying more to the right, etc) then best you don't commute. The good of the many outweigh the good of the few, or the one (as Spock would say). Pay the fine, find a way to commute and get along with your fellow commuters, regardless of what they commute in.....

that does presuppose that there is an alternative route... if there isn't then just accept that you can't ride your bike?

There was very little traffic.....in fact there were maybe two cars which passed me before the officer was behind me. I do not even believe that I was impeding traffic under the law for motor vehicles as it is defined as holding up 5 or more vehicles Since he has a dashcam, I have filed to get the video and will try to post it when they get it to me. I have started gathering information in order to fight, as not being able to commute is not an option.

Sounds like you have a good case. I agree with everything said previously about your having a legal right to as much of the roadway as required for your safety, and the fact that you were passed seems to me to pretty much disprove the obstruction charge. It sounds like there might have been a case if you were holding up 5 or more cars, and even if not it would be considerate in that case to pull over to let them pass, but that doesn't sound it was the case here.

Good luck!

Grab two or three cans of white spray paint and paint a bike lane on there.

Problem solved.

Your welcome.

Bad idea on a narrow road. It would still be too narrow to share, while the presence of a line would encourage more frequent closer passing.

Since he has a dashcam, I have filed to get the video and will try to post it when they get it to me.
Let us know if you get that video. I had heard from a less than reliable source that police dash video was off limits.

It sounds like there might have been a case if you were holding up 5 or more cars, and even if not it would be considerate in that case to pull over to let them pass, but that doesn't sound it was the case here.

I just want to point out that the "5 vehicle" law only applies on single lane each direction roadways where passing is not possible (due to view obstructions or oncoming traffic). The OP has pointed out that this was a 4 lane road, in which case he has zero legal obligation to pull over regardless of how much traffic is backed up behind him.

DE's version of that law for reference (link: http://delcode.delaware.gov/title21/c041/sc03/index.shtml#TopOfPage):

§ 4125. Turning off roadway by slow-moving vehicle.

On a 2-lane highway where passing is unsafe because of traffic in the opposite direction or other conditions, a slow-moving vehicle, behind which 5 or more vehicles are formed in line, shall turn off the roadway wherever sufficient area for a safe turnout exists, in order to permit the vehicles following to proceed. As used in this section, a slow-moving vehicle is one which is proceeding at a rate of speed less than the normal flow of traffic at the particular time and place.

Let us know if you get that video. I had heard from a less than reliable source that police dash video was off limits.LCI_Brian, you know better than to listen to such a fool, especially one you already know is "less than reliable". The video is evidence and fair use for both sides.
The OP may have to pay the cost of the video and he may have to file a discovery document to get it. If they do not give him the video at that point, then he has cause for the case to be dismissed.

Tennessee § 55-8-101(4). Definitions
“Bicycle” means every device propelled by human power upon which any person may ride, having two (2) tandem wheels, either of which is more than twenty inches (20") in diameter;Cool -- my Bike-E recumbent is not legally a bicycle in Tennessee! (The wheels are indeed tandem, but they're 16" and 20". Unless that back tire is actually larger than 20" (being exactly 20" doesn't qualify) ... then they won't consider it a bicycle!)

Texas has a similar definition, but at least there they say 16" ...

So I pulled out the tape measure -- 19.5" diameter or so, from ground to top of wheel. Oops. Not a bicycle. Of course, that surprises me -- I thought that the size of tires was a bit larger than the rating, not smaller, but my back tire says 20x1.75" ...