IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF COCONINO

Dan Slayton, Judge
Division 2
Date: March 18, 2010

Carrie Faultner, Judicial Assistant

ORDER

STATE OF ARIZONA
	Plaintiff/APPELLEE

vs.

JUSTIN PRYZBY
	Defendant/APPELLANT

Flagstaff Justice Court
Case No. TR2009-6000
A.R.S. 28-704A	Speed Impeding Traffic
DOC: December 1, 2009

The Court has reviewed appellant's memorandum, exhibits and the record of proceedings.  Upon review,
this Court finds no legal error.  The appellant was cited under A.R.S 28-704 (a).  A.R.S 28-812 places upon
bicyclists the same rights and duties as a driver of a motor vehicle unless there are specific exceptions from those
duties applicable to bicyclists.  There was some discussion about the applicability of A.R.S. 28-815 and its
exceptions.  However, the trial court found that appellant did not fall under any of the exceptions to A.R.S.
28-815 based upon the evidence.  Appellant further did not dispute that his riding in the vehicle lane, did in fact,
impede vehicle traffic.  While appellant argued through the submission of several pamphlets with illustrations that
he was in compliance with the statute, these exhibits are not law and cannot be used to overcome the clear
language of the statute under which he was cited.

IT IS ORDERED AFFIRMING the trial court's finding of responsible.

IT IS FURTHER ORDERED REMANDING this case to Flagstaff Justice Court for further
proceedings consistent with this decision

Dan Slayton, Judge 3-18-10

cc: Justin Pryzby, 15 W. Cedar #B, Flagstaff, AZ 86001
Flagstaff Justice Court, c/o Courthouse Box