{"id":377,"date":"2009-07-08T19:16:57","date_gmt":"2009-07-09T03:16:57","guid":{"rendered":"https:\/\/theathleteslawyer.com\/cases\/loudoun-county-biker-prosecution-and-ms-8-leesburg-court-questions-answered-by-cyclists-lawyer-landau\/"},"modified":"2009-07-08T19:16:57","modified_gmt":"2009-07-09T03:16:57","slug":"loudoun-county-biker-prosecution-and-ms-8-leesburg-court-questions-answered-by-cyclists-lawyer-landau","status":"publish","type":"post","link":"https:\/\/landauinjurylaw.com\/theathleteslawyer\/2009\/07\/08\/loudoun-county-biker-prosecution-and-ms-8-leesburg-court-questions-answered-by-cyclists-lawyer-landau\/","title":{"rendered":"Loudoun County biker prosecution and "MS-8" Leesburg Court questions answered by cyclists' lawyer Landau"},"content":{"rendered":"

Washington Area Bicyclist Association, Winchester Wheelmen, VBF, Fairfax Cycle and other groups have called, sent e-mails and comments about the Multiple Sclerosis Ride and other bikers’ court cases in Leesburg. They raise valid points, concerns and criticisms. I will try to answer as best I can.<\/p>\n

\"Cycling
Cycling injury and bike crash lawyer Doug Landau welcomes your comments, suggestions and help<\/figcaption><\/figure>\n

For those who want to speak to me in person,<\/em> over the next 7 days I will be available in Fairfax, Frederick and Westmorland Counties for sports events in Herndon, Winchester & Colonial Beach. I plan on riding tomorrow with the Reston Bike Club here at the Caboose in Herndon (a block from the ABRAMS LANDAU office); competing at the FCPRD SportsFest Saturday morning; and then traveling to Colonial Beach that afternoon for the Olympic Distance Triathlon on Sunday. I hope to be in D.C. next Wednesday as well.<\/p>\n

Though I will not be in my “Court attire,”I welcome discussing cycling issues “live” at those times. I devote the majority of my work to helping injured and disabled children, families, workers, cyclists and other athletes with their catastrophic and permanent injury cases throughout the East Coast. Our office has an “open book” policy as well as the only “total transparency” policy (where we INVITE people to come and watch us in court, teach, conduct mock trials for the new judges’ training program, lecture, race, etc.) so that everyone can see what we do and how we do it. It’s as simple as that. I want to thank all y’all for keeping me “in the loop.” Please let us know of cycling safety and legal issues in the future.<\/p>\n

Now to the facts:<\/strong><\/p>\n

ABRAMS LANDAU, Ltd. was contacted only last week by one of the Defendant bicyclists cited by the Loudoun County Sheriffs for failure to stop. On Friday, July 3rd, 2009 during my and my wife’s annual birthday vacation in Connecticut I spoke to the first of these bikers. This experienced cyclist advised that the cases were to be heard in Court on Tuesday. Agreeing to represent as many bicycle riders who would have me on the 7th of July, pro bono (at no charge), I left messages with the other two-wheeled Defendants that I was given contact information for by the Defendant Potomac Peddler ride co-leader. I cut our vacation short and returned to Virginia, getting to my office Monday evening to review the ticket, photographs and other evidence that had been left for me. By this time I had spoken with several other riders who had been charged June 7th, and advised that while my practice is primarily helping injured cyclists, runners and other victims, I would appear on their behalf and help them in the Leesburg Court the next morning.<\/p>\n

On Tuesday morning, I and several of my staff met with the bikers, Commonwealths Attorneys (the prosecutors in Virginia), officers and other Loudoun County criminal and traffic defense lawyers. By the time our cases were called, the count was “2 Strikes and 2 Outs.” The court already had prepayment by a cyclist who plead guilty. Strike one.<\/strong> One of the bikers I had called chose to “go it alone.” He valiantly argued his case, and was found guilty, given a fine and court costs of several hundred dollars and FOUR POINTS on his DMV record.<\/em><\/strong> He may also face repercussions, depending upon his point balance, when it comes to getting car insurance and umbrella coverage. Strike two.<\/strong> The officer was not at all happy to see me there as counsel for the Defendants. After several hours, a substitute judge came on the bench and I indicated to the prosecutor that we were ready to try the remaining cases. No cyclist had avoided conviction and there had been no stop sign or signal acquittals for motorists either that morning.<\/p>\n

I had discussions with three different Assistant Commonwealth Attorneys, debated the merits of our cases, demonstrated our photographic and documentary evidence, my clients “+5” DMV records and even the use of a “trackstand” and Idaho (rolling) stop. I also discussed the fact that my own wife shattered her arm coming to a complete stop on the W&OD Trail near Belmont Ridge Road. While I felt our case had strong merit, not everyone likes cyclists like I do. As one of my clients said, “You’ve got to know when to hold ’em and when to fold ’em.”<\/p>\n

The prosecutor offered to dismiss the the failure to stop violation if we would agree to a non moving equipment charge. There would be no points, major fine or court costs and no appeal. I discussed this with my clients, staff and family members present, and it was decided to accept. This action would not prejudice the other cyclists I spoke with over the holiday weekend who requested continuances or sought to fight the charges another day. Then I was treated to lunch by my fellow cyclists, which was an unexpected treat. Little did we think that our actions in court would stir up so many additional questions ! So the question to those who felt they would have done better or differently, I ask 3 questions:<\/p>\n

With 2 strikes & the pitcher throwing “heat,” do you swing for the fences or get on base ?<\/p>\n

Should a lawyer try a case because he wants to (and put the client at risk) or should he follow his clients’ instructions ?<\/p>\n

Once a problem is identified, wouldn’t exploring a systemic solution help achieve “the greatest good for the greatest number” of bikers outside of the criminal court context ?<\/p>\n

Tomorrow, I will address specific questions relating to the Code, points, crimes and punishments.<\/p>\n","protected":false},"excerpt":{"rendered":"

Washington Area Bicyclist Association, Winchester Wheelmen, VBF, Fairfax Cycle and other groups have called, sent e-mails and comments about the Multiple Sclerosis Ride and other bikers’ court cases in Leesburg. They raise valid points, concerns and criticisms. I will try to answer as best I can. For those who want to speak to me in…<\/p>\n

Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[2],"tags":[101,411,412,783,910,1147,1840,2236,2441,2442,2454,3002,3137,3227,3231,3235,3245,3347,3645,3927,3928,3932,4462,4758,4760,4813,5018,5160,5252],"class_list":["post-377","post","type-post","status-publish","format-standard","hentry","category-cases","tag-abrams-landau","tag-back-injury","tag-back-injury-hamstring-injury","tag-bicycle-crash-injury","tag-bike-crash-injury","tag-brain-injury","tag-doug-landau","tag-foot-injury","tag-hamstring-injury","tag-hand-injury","tag-head-injury","tag-injury-report","tag-knee-injury","tag-leesburg-bike-crash","tag-leesburg-bike-injury","tag-leesburg-car-crash","tag-leesburg-motorcycle-crash-lawyer","tag-loudoun-injury-board","tag-neck-injury","tag-personal-injury","tag-personal-injury-attorney","tag-personal-injury-lawyer","tag-rotator-cuff-injury","tag-spinal-cord-injury","tag-spinal-injury","tag-sports-injury","tag-tbi","tag-traumatic-brain-injury","tag-triathlon-trial-lawyer-doug-landau"],"acf":[],"yoast_head":"\nLoudoun County biker prosecution and "MS-8" Leesburg Court questions answered by cyclists' lawyer Landau - Sports Injury Law<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/landauinjurylaw.com\/theathleteslawyer\/2009\/07\/08\/loudoun-county-biker-prosecution-and-ms-8-leesburg-court-questions-answered-by-cyclists-lawyer-landau\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Loudoun County biker prosecution and "MS-8" Leesburg Court questions answered by cyclists' lawyer Landau - Sports Injury Law\" \/>\n<meta property=\"og:description\" content=\"Washington Area Bicyclist Association, Winchester Wheelmen, VBF, Fairfax Cycle and other groups have called, sent e-mails and comments about the Multiple Sclerosis Ride and other bikers’ court cases in Leesburg. 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