The second witness to testify was the firefighter, Lonnie, who has been a firefighter for 23 years in Ennis... He stated the cyclist was in the outside lane in the middle.
The third witness to testify was the arresting deputy, Emiliano. Emiliano patrols and answers calls for service and is a certified peace officer for the Ellis County Sheriff’s Department. He was dispatched to make contact with the defendant on Highway 287 “in the middle of the road.”
...In cross examination, the defense attorney made the point that Bates was attempting to explain the law and safe riding practice. He also elicited a clarification that “middle of the roadway” actually meant “middle of the right lane.”
The prosecutor questioned the defendant about the Texas Statute involving shoulders, particularly the portion that allows a cyclist to ride on the shoulder. In some rather argumentative questioning (most of which was successfully objected to), the prosecution claimed that the law gives the cyclist a choice, and he chose the dangerous choice, the middle of the lane.