Archive for Bikes & the Law

Breaking news: OC DUI hit-and-run driver Juli Ann Brown gets serious jail time

September 28, 2013 / / 8 comments

It looks like a dangerous driver may be off the streets for awhile.

And for once, she didn’t have to kill someone to get the court’s attention. Just nearly kill three people in an allegedly intoxicated state.

I’m told that Juli Ann Brown, the driver who ran down three members of the Long Beach Lightening Velo bike club in a drunken hit-and-run on PCH last year, was sentenced on Friday to a total of one year in county jail, 15 years in state prison, plus fines, restitution and an 18-month alcohol offender program.

Yes, you read that right.

A total of 16 years, though what that will mean in real life remains to be seen, as she was convicted of multiple counts, and some or all of those terms may end up being served concurrently.

Brown was convicted of plowing into a group of cyclists riding in the bike lane on PCH in Seal Beach in February 2012, then fleeing the scene. Three of the riders were hospitalized with moderate to severe injuries.

Brown was arrested shortly afterwards when Huntington Beach police officers observed her damaged car swerving repeatedly, and booked on suspicion of hit-and-run, driving under the influence and possession of narcotics.

All before 10 am on a Saturday.

This is her second conviction for a DUI offense. Brown was convicted on two separate DUI counts in 2003, one for drug use and another for a blood alcohol level greater than .08. Amazingly, she was sentenced to just 10 days in jail — which as then stayed — and just 90 days of driving restriction, as well as a nine month alcohol treatment program.

This time, at least, she should do some serious jail time.

Whether it will be enough to keep her sober and off the streets once she gets out, only time will tell.

Category: Hit-and-Run, Injuries and Fatalities, Legal Cases / Tags: , , , ,

Road raging driver mows down cyclist in Palos Verdes

September 27, 2013 / / 5 comments

The bike is dead. Fortunately, its rider isn’t.

The Daily Breeze is reporting that a road raging driver deliberately ran down a bicyclist before slamming into a series of cars.

According to the paper, Palos Verdes Estates resident Doug Castile was riding on Via Pacheco around 6:30 pm when he was Jerry Browned by a driver who sideswiped him, then backed up and hit him again when he complained.

Castile said he yelled, “Hey, you just hit me!” The driver of the black car then put it in reverse, backed up behind the bicyclist, pulled forward and pushed the bicyclist into the plants.

“The guy put it in reverse again, backed up, and ran over my bike,” Castile said. “At that point, my feet are clipped in the pedals on my bike. I unclipped my feet and jumped off the bike into the plants and he’s running over my bicycle back and forth.”

The driver, who wasn’t identified in the story, reacted bizarrely when Castile reached reached into his pocket for his cell phone.

“He says, ‘What are you reaching for, a gun?’ It just was so odd to hear that statement. I took my hand out of my pocket. I thought this guy is capable of anything,” Castile said.

At that point, the driver sped off, slamming into an unknown number of parked and moving vehicle before his car finally became disabled on Ganado Drive and Sheriff’s deputies made an arrest.

Castile was able to escape with scrapes, while his $3,000 to $4,000 bike was destroyed.

The paper says police were unsure whether the driver was suffering from a mental condition or committed a deliberate assault.

Unfortunately, anyone can buy a car and get a license, regardless of mental or emotional stability. And in the wrong hands, it can become a weapon.

As we have seen too many times before.

Thanks to Jim Lyle for the heads-up.

Update: The Daily Breeze identifies the driver as 65-year old William Thomas Kelly of Torrance. He’s being held on $30,000 bond on suspicion of assault with a deadly weapon; hopefully, more charges — and a much higher bail — will follow soon. 

It’s also worth noting that deputies found Kelly unconscious in his car after it rammed the gates to an FAA facility, which could lead to federal charges. According to the paper, officer’s smelled alcohol on his breath when he was taken into custody — which could make this the fourth time he’s charged with DUI since 1991.

And yet he was still allowed behind the wheel to threaten the lives and safety of others.

Category: Bikes & the Law, Car vs Bike, Hit-and-Run, Violence & Crime / Tags: , , , , , , ,

Justice delayed — OC driver faces charges for killing cyclist last March while on prescription drugs

September 26, 2013 / / 32 comments

Six months later, an OC cyclist may finally see justice for the driver who killed him.

According to Rancho Santa Margarita Patch, 39-year old Irvine resident Hasti Fakhrai-Bayrooti was arrested Tuesday on a charge of vehicular manslaughter while intoxicated for the death of cyclist Eric Billings last March.

Billings was riding a cruiser bike in the southbound bike lane on Santa Margarita Parkway, between El Toro Road and Los Alisos Blvd in Mission Viejo around 6:45 pm on Friday, March 15th. Fakhrai-Bayrooti, who goes by the name Hayley, was headed north on Santa Margarita when she missed her turn onto Los Alisos, and made a U-turn at El Toro Road.

Her car drifted into the bike lane, striking Billings from behind and killing him instantly.

Blood tests revealed that she was under the influence of prescription medication at the time of the collision, which she described to Patch last July as an anti-depressant.

“I’ve had illnesses; I was diagnosed with PTSD, OCD,” she said. “I was diagnosed with manic depression and for those I have to take medication or else (I’m) not going to function.” 

And yet, she claims her ability to drive was not impaired by the medication — even though her own description of what happened after her U-turn suggests otherwise.

Next, ”something came into contact with me or I came into contact with something. I don’t know,” she said outside the fountains near Selma’s in RSM.

Her car wouldn’t stop, she said.

“I tried so hard to stop that car,” she said, gesturing as if she were holding a steering wheel and slamming on the brakes. ”The wheel was out of my control. The brake was out of my control.”

Apparently, the car developed a mind of its own, seizing control and running down an innocent victim while she sat helpless behind the wheel.

Yeah, that could happen.

And despite having just made a U-turn, she somehow hit the 54-year old father of four with enough force to kill him instantly; Billings was pronounced dead as soon as rescuers arrived at 6:48 pm.

It wasn’t her first driving infraction; she had previously been charged with speeding over 65 mph and using a hand-held cell phone while driving; no word on whether her car was responsible for those infractions, as well.

Fakhrai-Bayrooti describes herself as devastated by the collision, dropping her legal practice and leaving her car in the police impound lot. She also reports being so depressed that she attempted suicide the week after the collision by taking “everything in the medicine cabinet.”

On the other hand, I doubt her victim’s family took it very well, either. Although, as a devout Mormon, Billings probably would have forgiven her if he could.

However, the Orange County District Attorney’s office doesn’t seem to be so willing to turn the other cheek.

She has been released after posting $100,000 bail.

One last note.

This comment was left on the Patch story of Fakhrai-Bayrooti’s arrest:

…I feel bad for this woman. She had a need for a prescription, and it didn’t impair her or cause her to hit the cyclist. I take thyroid medication; if I get into a car accident, will I be arrested for the same thing? And after reading her blog about the accident, poor thing seemed like she had suffered enough for what she did.

So let’s be absolutely clear.

If your medication affects your ability to drive, then don’t. If you even think you might be impaired, you have both a legal and moral obligation to stay the hell off the road.

Despite the excuses we give ourselves, no one has to drive. And no one has a God given right to be on the roads — especially not when medications or other health factors may make them a danger to others.

If you make a decision to keep driving despite the effects of your medication, you can and should be held accountable for whatever happens as a result. And just because someone denies being impaired, that doesn’t mean they weren’t, as Fakhrai-Bayrooti’s description of the collision suggests.

She may have needed her prescription to function, but should have known it could affect her ability to operate a motor vehicle; there is a reason for those warnings that accompany prescription medicines.

Now a man is dead, and a family forever shattered.

And a woman faces charges for a fatal collision that has left her depressed.

But for which, by her own description, she still hasn’t taken responsibility.

Update: The LA Daily News reports Fakhrai-Bayrooti had two drugs in her system at the time of the collision — anti-anxiety drug Alprazolan, and Buprenorphine, which the paper says is used to treat opiate addictions.

Both medications contain warnings that they can cause drowsiness and dizziness, and not to drive until you know how they affect you. According to the Drugs.com link above, combining the two medications can cause severe drowsiness, as well as severe breathing problems and increased risk of seizures.

Update 2: There have been a few comments, as you can see below, accusing me of bias in this case and demanding changes to this story. 

I stand by everything I have written. However, just to be clear, I am not prejudging this or any other case; my comments are based on what has been published in the press, including comments from the DA’s office. 

Fakhrai-Bayrooti has been charged, but has yet to be tried or convicted. My hope is that she receives the justice she deserves, whether that is conviction or exoneration.

But I repeat, there is no excuse, ever, for driving under the influence of drugs or alcohol — including prescription medications — that may prevent you from safely operating a motor vehicle.

If you have to take something, then get someone to drive you, find another means of transportation, or stay home. 

The lives of others depend on it.

Category: Bikes & the Law, Injuries and Fatalities, Legal Cases / Tags: , , , ,

Cyclist assaulted on bike path, former Amazon CFO killed in bike crash, confirmation Britel killer paroled

September 20, 2013 / / 7 comments

The last thing he remembers is a woman putting her hand on his thigh and pushing his bike over.

Somehow, I missed this story last month, when Jack Bornoff suffered serious injuries after he was pushed off his black and white Schwinn by a pedestrian, as he was passing her on a bike path in Balboa Park.

It happened on August 22nd, a Thursday, around 10 am.

I’ll let him tell the story.

I approached the intersection of Burbank and Balboa on my bike and I was riding in the bike path.  I turned onto Balboa northbound and was confronted by a view of a high density of pedestrians in both the northbound and southbound bicycle lanes, including 2 females pedestrians blocking the northbound lane directly in front of me about 50 ft. ahead.  Immediately, I slowed down.  I noticed 2 pedestrians walking towards me in the southbound lane who were at least 50 feet ahead of the 2 pedestrians in my lane and determined it was perfectly safe to pass on the left with this substantial interval between these pedestrian couples.  As I passed by, the female pedestrian closest to me placed her right hand on my thigh and pushed me.

It wasn’t just a fall. Bornoff landed with enough force to knock him cold, and suffered numerous fractures.

I have no clear memories beyond this for at least the next 10 to 15 minutes.  This incident resulted in numerous fractures of the clavicle, scapula and ribs including damage to my lung.

A month later, he still doesn’t know who attacked him, or why. Or even who might have helped him as he lay injured on the bike path.

If you were there and offered to help, thank you and I regret I don’t remember it.  However, if you were there and witnessed this happen, please come forward and notify LAPD Detective Thornton.  818-374-7792.  Case #9C4-4.   Thank you and be safe.

He plans to be back at that same bike path on Thursday, October 10th between 9:45 am and 10:15 am — exactly seven weeks after the attack — to look for witnesses. And would appreciate some help if anyone wants to join him in passing out flyers.

Or if you find yourself walking or riding in the area some other time, he’s prepared a small flyer you could distribute to people in the area (pdf).

Because it wasn’t just a push. It was a deliberate, dangerous assault that left a man seriously injured.

And it needs to be taken just as seriously.

………

Last night, it was just another tragic story of a bike rider killed in a left hook; a 22-year old driver turning his minivan across the cyclist’s path in San Mateo County.

Today, word broke that the victim has touched the life of virtually anyone who has ever used the internet or ordered something online.

Fifty-year old Joy Covey was one of the founders of Amazon. A woman whose 173 IQ took her from high school dropout to Harvard Business School, and on to become the CFO who helped the company grow from a book-selling website to the world’s dominant internet retail site. As well as leading it through a highly successful IPO in the late ‘90s.

She was working as treasurer of the National Resources Defense Council at the time of her death.

Initial reports indicated she was wearing a helmet. However, I’m told she may have been traveling up to 40 mph as she descended a steep downhill; in a broadside collision at that speed, no bike helmet is likely to offer much benefit.

As the links above show, there’s already been much written about her tragic death, and the immense and needless loss suffered by so many who knew and worked with her.

And it’s true.

Just as it is for the other more than 600 bike riders who will lose their lives on American streets this year, most of whom will never see their names in print.

In life. Or in death.

My deepest sympathy for Joy Covey and her family.

Thanks to Michael McVerry and Ralph Durham for the heads-up.

……..

Finally, last month we reported that Danae Miller, convicted in the drunk and distracted driving death of world-class triathlete Amine Britel, appeared to have been released from prison after serving less than half of her original sentence.

Now the Orange County Register confirms that Miller was paroled on August 15th after serving just 18 months of her original four year sentence.

Unfortunately, most of the story is hidden behind their draconian paywall.

However, I’m told that the story goes on to quote a member of the Newport Beach Bicycle Master Plan Oversight Committee, as well as the Newport Beach city council member who heads the committee, as expressing their disappointment at the early release.

Get used to it.

California’s prison overcrowding crisis means most people convicted of traffic crimes will serve only a fraction of their sentences. Which means we need to find alternative forms of punishment — let alone rehabilitation, which seldom if ever happens behind bars — if we want to stop the carnage on our streets. Let alone the hit-and-run epidemic.

I’m told that Miller’s family was very supportive of her during the trial. Not in the usual sense denying her obvious guilt, but actually being there and giving a damn while expressing deep and genuine sympathy for her victim’s family and fiancé.

No word on where she is right now. However, there is speculation that she received the relatively light four-year sentence — she could have gotten up to 10 years — in exchange for a commitment from her family to place her in rehab immediately upon her release.

Let’s hope that’s the case.

And let’s hope that Miller, who already had 11 traffic violations on her record when she took Britel’s life, is never allowed behind the wheel of a car again.

Thanks to the OC Register for crediting this site with breaking the story. That wasn’t necessary, but it’s sincerely appreciated.

Now about that paywall…

Category: Bicycle Safety, Injuries and Fatalities, Legal Cases, Violence & Crime / Tags: , , , , , , , ,

More on the 2nd-car death of Andy Garcia, no more green bike lane, and LA gets tougher on hit-and-run

September 19, 2013 / / 2 comments

Streetsblog attempts to clear up the confusing details over the hit-and-run collision that resulted in the death of Luis “Andy” Garcia.

Garcia was killed after 21-year old Wendy Villegas hit a group of five riders and fled the scene, leaving her victims lying in the street, where he was hit by a second vehicle.

Streetsblog writer Sahra Sulaiman talks with some of the other riders involved.

What they have to say contradicts some of the details in the official press release from the LAPD — including the fact that Mario Lopez, one of the riders hit in the initial collision, suffered a broken back, rather than the minor injuries the police report.

And paints a picture of a needlessly horrifying night that took the life of a young bike rider, shattered two families, and forever scarred the four surviving riders, as well as the three men who prayed over Garcia after their van took his life.

All because a young woman got behind the wheel when she was too drunk to drive, and fled like a coward after colliding with her victims.

Then again, there’s no such thing as being just a little drunk when you’re driving.

………

Photo of no-longer green Spring Street bike lane shamelessly stolen from Niall Huffman

Photo of no-longer green Spring Street bike lane shamelessly stolen from Niall Huffman

Also courtesy of Streetsblog, which has been very busy on the bike front this week, comes official confirmation that you can kiss your green Spring Street bike lanes goodbye.

The highly popular bike lanes barely survived an attempt by Hollywood filmmakers to have them removed entirely; regretfully, self-described bike supporter Council Member Tom LaBonge bought into the industry’s easily disprovable lies — as did our new bike-friendly Mayor Eric Garcetti.

If it wasn’t for the efforts of Council Member Jose Huizar and a few others, the bike lanes would have been removed entirely, rather than just stripped of their green paint.

Now they await a newly approved treatment that costs significantly less, but may not be as effective in capturing the attention of motorists.

We should all hold Hollywood — and our elected readers — accountable for any drop in ridership on the street.

Or increase in injuries.

……..

The LA City Council instructs the LAPD to take a tougher stance on tracking hit-and-runs. And will work at the state level to revoke the licenses of fleeing drivers, and forfeit their vehicles.

Which is exactly what I’ve long been calling for.

So whether someone has read my blog, or just came up with the idea on their own, thank you. Frankly, I couldn’t care less who gets the credit as long as long-needed changes are made.

Now let’s get it done. And put a stop to this deadly epidemic.

………

The LA Times says the ball is in Governor Brown’s court when it comes to signing the three-foot passing law, noting that this is the fifth attempt at passing it in California. The first two never made it out of committee, while our esteemed governor vetoed the last pair.

Meanwhile, Streetsblog notes the Times promises more coverage of bicycling issues on their Opinion page. With all the bike-riding reporters and editors who work at the paper, the only question is what took so long.

Speaking of which, Streetsblog and the new Santa Monica Next are holding a fundraiser this Sunday.

………

lb_market_valetKelly Heller sends word that the Long Beach Southwest Farmers Market will begin offering a bike valet this Sunday:

Since it doesn’t begin till next weekend, I cannot tell you anything about how the valet staff is or what the bike accommodations look like.

However, I certainly *can* attest to the fact that this farmer’s market has a significant car-traffic problem.  They are paying for at least three traffic guards, and the whole time we were locking up our bikes and readying our shopping bags we observed the frustration of both the drivers and the traffic guards as they yelled at each other and everyone struggled to find any remaining needle-in-a-haystack open parking spots.

It’s nice to see that someone did the math and figured out that putting up a free bike valet might be the ideal solution.

………

There may be hope for the LA River yet, beyond the current unfinished bike path next to a graffiti-clad concrete river bed. The city breaks ground on a new park next to the river in Sherman Oaks that will include a short bike path. The city council approves a new $6 million bike, pedestrian and equestrian bridge over the LA River in North Atwater Village. Larchmont Village loses thirty — yes, 30 — bike racks in order to satisfy drivers who prefer parking meters. Residents want to tame traffic on Ave 64.

There will be a blood drive in honor of fallen OC cyclist Kurt Kirkey in Aliso Viejo on Wednesday, October 2nd. Bike Newport Beach looks at the different mindset for riding in Paris. A Bakersfield driver was using a legal hands-free device when she struck and killed a cyclist riding in a bike lane Tuesday night, in what has been a horrible year for Kern County cyclists and pedestrians; police say the driver was at fault. Sharrows or Supersharrows? When a cyclist is nearly decapitated by fishing line strung over a bike trail, it’s not a prank, it’s a terrorist attack.

Industry trade group Bikes Belong folds itself into its own People for Bikes subsidiary. Elly Blue offers five tips for the bike industry to increase ridership among women. Lovely Bicycle asks if it’s possible to have too short a ride. The Houston Chronicle asks how relatively ancient Chris Horner won the Vuelta. A Houston rider has his bike stolen when he’s mugged on a popular bike trail. Evidently, there’s a requirement in Montana that says drivers have to pass bike riders even when it’s not safe to do so. A Milwaukee man is shot and killed after spotting a man riding a child’s stolen bike. Apparently, more bikes really do mean safer streets, even if New York’s Daily News has trouble believing it. Evidently, you can do tricks on a bike share bike. Male riders outnumber women in Philly, like just about everywhere else. A Maryland rider explains what it’s like to be a cyclist on the state’s roads. DC could remove restrictions preventing bike shops from selling used bikes. A 77-year old Arlington VA driver threatens the cyclist he right hooked with a baseball bat; the driver claimed the rider should have signaled for the left turn he wasn’t making.

A Winnipeg law would absurdly force groups of 10 or more bike riders to get a parade permit. Beat the crap out of a UK bike rider in a road rage incident, and walk away with a fine. A three-year old Brit girl is banned from riding her bike because she might damage resident’s cars. Is Europe’s bad economy causing the boom in bicycling? After overseeing the worst doping era in bike racing history, Pat McQuaid says he’s the only one who can clean it up; I’d say let’s give him the same ban Lance got. The mother of racing great Marco Pantani thinks her son was poisoned after breaking pro cycling’s doping omerta. A Sydney paper continues its highly biased anti-bike reporting, including blaming bike lanes for a loss of handicap parking and cyclists for running red lights; apparently, objectivity and grammatically correct headlines aren’t attributes expected of the local press. Meanwhile, the Guardian says the anti-bike hysteria in the Sydney press has got to stop, and local cyclists fight back on Twitter.

Finally, this is one way to ride with a dog. And if you’re planning to burgle a flat screen TV, maybe a bike isn’t your best choice for a getaway vehicle.

Category: Advocacy & Politics, Bicycle Safety, Bikes & the Law, Hit-and-Run, Injuries and Fatalities, Streets and Infrastructure / Tags: , , , , , , , , , ,

Update — Two cyclists injured, one killed by second driver in drunken early morning hit-and-run

September 14, 2013 / / 14 comments
Andy Garcia, from MidnightRidazz.com

Andy Garcia, from MidnightRidazz.com

I’ve just gotten word from the LAPD that a bike rider was killed, and two others injured in a hit-and-run early this morning.

Or rather, the victim most likely died because the driver failed to stop at the scene as required by law and basic human decency.

According to the press release, 28-year old Los Angeles resident Ulises Melgar, 30-year old Mario Lopez of Bellflower and 21-year old Bell Flower resident Luis “Andy” Garcia were riding east on Cesar Chavez Avenue at Mission Road with two other bicyclists at approximately 2:45 am Saturday.

They were rear-ended by an eastbound 2013 Toyota Corolla driven by 21-year old Wendy Villegas, knocking all three off their bikes and into the street.

Villegas fled the scene, leaving her victims lying in the street. She drove to her home, where she told her parents she’d been in a collision, and asked them to call the police.

Unfortunately, it was too late.

Just moments after Villegas ran away, 21-year old Jimmy Marroquin was driving east on Cesar Chavez in a 1994 Nissan Quest. He didn’t see Garcia lying in the roadway and struck him with his SUV, dragging his body a short distance.

Had Villegas stayed at the scene, she could have directed other drivers around the people lying in the street until they could move or help could arrive. Ot at the very least, Marroquin would have been more likely to see the collision and drive more carefully around it.

Garcia was pronounced dead at the scene. Whether he could have survived the initial collision if he hadn’t been struck a second time is a matter of speculation.

However, the other two victims only suffered minor injuries, which suggests that his injuries might have been survivable. Lopez was treated by paramedics at the scene, while Melgar was taken to the ER at USC Medical Center.

Meanwhile, Villegas confessed to police that she had been drinking and left the scene of the collision. She was booked for hit-and-run resulting in injury or death (CVC 20001(a)) and vehicular manslaughter while under the influence (Penal Code 191.5).

In other words, police investigators are blaming her for Garcia’s death.

The collision is still under investigation.  Anyone with information is urged to contact Central Traffic Detective M. Kaden at (213) 972-1837 or Officer R. Cortez at (213) 972-1846; or call the Central Traffic Division’s Watch Commander at (213) 972-1853 during the weekend or off hours.

This is the 66th bicycling fatality in Southern California this year, and the 28th in Los Angeles County; that compares to 23 in the county for all of last year. It is also the 12th biking death in the City of Los Angeles, compared to five in each of the last year two years.

That’s nearly two-and-a-half times the city’s cycling death toll for 2011 and 2012, with over three months left in the year.

And horrifyingly, nine of those 12 deaths have been hit-and-runs.

My prayers and deepest sympathy for Luis “Andy” Garcia and his loved ones.

Thanks to LAPD Central Traffic bike liaison Sgt. Laszlo Sandor for the heads-up.

Ghost bike for Andy Garcia, from MidnightRidazz.com

Ghost bike for Andy Garcia, from MidnightRidazz.com

Update: There are a number of rumors swirling around this case. According to reports, instead of turning herself in, the second driver followed Villegas home and reported her to the police after watching her get out of the car stumbling drunk.

In a second version, there were three vehicles that hit Garcia; the third was reportedly a Metro van, or possibly an official Metro vehicle, which followed Villegas to her home after hitting Garcia.

After checking with the LAPD, both of those versions appear to be untrue. The only vehicles involved in the collision were those driven by Villegas, who fled the scene, and Marroquin, who stopped after hitting Garcia.

Marroquin did not follow Villegas to her home; if he had, he would have committed hit-and-run, regardless of his intentions in following her. And so far, there is no credible report that there was a Metro vehicle present at the time of the collision, let alone that it was involved in the wreck or that the driver tracked her to her home.

I’ve also been told that one of the victims suffered a broken back as a result of the collision, which I have been unable to confirm with the LAPD. They’re looking into it for me, but so far say both other victims suffered minor injuries.

In addition, reports are that it was actually Melgar who was treated and released at the scene, while Lopez was taken to the hospital; he’s the one who reportedly has a broken back.

There will be a memorial service for Andy Garcia Tuesday, September 17th.

andy

Category: Bicycle Safety, Hit-and-Run, Injuries and Fatalities / Tags: , , , , , , ,

A new LA councilmember develops memory problems; GiveMe3 and hit-and-run bills move forward

September 11, 2013 / / 6 comments

Sometimes I have to wonder if politics causes memory problems.

Plans have been under way for the past few years to transform Figueroa Blvd between Downtown and South LA. The four mile My Figueroa project would narrow and remove some mixed-use traffic lanes, along with some parking, in exchange for transit-only lanes and the city’s first protected bike lanes.

However, Streetsblog reports that the conditions of the funding for the project require that construction has to start by the end of this year, and be completed before 2015.

Now newly elected City Councilmember Curren Price may have thrown a wrench in the works by expressing concerns that could kill LA’s first Complete Streets project by delaying it past the required starting point.

According to Downtown News, Price has straddled both sides of the fence, voicing support for the project while expressing concerns at a recent meeting.

“It’s a promising project. Let’s not rush through it. Let’s make it a good deal for everybody,” (Price) said, adding, “Major stakeholders have lingering concerns.”

Those stakeholders reportedly include the often anti-bike AAA, which has its regional headquarters on Figueroa, as well as the owner of eight car dealerships in the area, who evidently doesn’t offer any parking onsite and can’t conceive of anyone biking in and driving out with a new car.

And never mind all those recent studies showing bikes are good for business.

The website also reports that Price filed a motion asking the city Planning Department and LADOT to provide an in-depth analysis of how they plan to mitigate traffic congestion caused by the removal of auto lanes on the street.

Never mind that the street was chosen for the project, in part, because it would not significantly affect traffic flow on the under-utilized corridor. Or that any delay at this point could kill the project.

And never mind that Price, elected to the state Senate just four years ago before leaving for the higher paying city council seat, claimed to be a supporter of bicycling, and, “among other things, the role that it plays in improving air quality, health, traffic congestion and the overall environmental quality of life in the 26th Senate District.”

In a campaign statement for this site before the 2009 election that took him from the state Assembly to the Senate, he wrote:

A lack of investment in mass transit, infrastructure and Class One BikeWays, coupled with the “love affair” that Angelenos have with their cars and a jobs housing imbalance which has residents commuting on average between 15-20 miles roundtrip each day has contributed to the district’s inability to realize higher air quality standards. These reasons, among others, is why transit, transportation and air quality are at the top of my environmental agenda, why I have earned the endorsement of the California League of Conservation Voters and why I will continue to support increased investment in mass transit as well as alternatives such as cycling, full enforcement of the Clean Air Act, incentives for cleaner technologies and penalties for gross polluters.

He went on to add…

Young people who can’t cycle or exercise outdoors are not only likely to have higher rates of asthma and obesity but to underperform in school.

And…

Whether one cycles for business, for pleasure or for the environment, cyclists and, more correctly, support for cyclists plays a crucial role in creating a more livable 26th Senate District. Improvements and expansion of Class One Bikeways via increased public/private partnership funding and incentives for those who build bike-friendly developments supported by ancillary City street improvements are among the priorities I would have in developing a cycling/environmental agenda.

Then he closed, in part, with this:

I grew up riding my bike in the 26th District in South LA, Leimert Park and the Crenshaw District. I did it for pleasure. As state Senator, I would like to support a climate which allows cyclists to choose their own reason and create an environment which makes it possible.

But not as a council member, perhaps.

Maybe it’s just me. But that doesn’t sound like someone who would halt a major project at the last minute in a fight to preserve parking and under-used traffic lanes.

Or has Price forgotten those high-minded ideals now that he’s not running for office and powerful people with deeper pockets are demanding his attention?

Maybe we need to remind him.

………

According to Richard Masoner of Cyclelicious, California’s latest attempt at passing a three-foot passing law landed on Governor Brown’s desk Monday afternoon.

I’m told he has 12 days to sign the bill, so we should have an answer — good or bad — by Saturday the 21st. You have less than that to urge him to sign it.

………

Legislation to address LA’s hit-and-run epidemic has advanced to Governor Jerry Brown’s desk.

AB 184, sponsored by Glendale-area Assembly Member Mike Gatto, was originally written to add an additional one year to the statue of limitations after a suspect is identified in hit-and-run cases. However, the law was significantly amended to double the current three-year statute of limitations, instead.

The bill proved remarkably popular, winning final approval by a unanimous vote of both houses. The LA Weekly says Brown will have 10 days to sign the bill if he gets it by Thursday; otherwise, he’ll have until October 13th.

Don’t ask me why.

Meanwhile, Florida cyclists are backing proposed legislation that would impose a minimum three-year sentence for leaving the scene of a collision resulting in injuries.

………

Speaking of Florida, sentencing has been delayed in the case of Carlos Bertanotti, the Miami musician who killed a cyclist in a drunken 2010 hit-and-run; he dragged the victim’s bike under his car for over two miles before police stopped him.

Family and friends begged the court to show him mercy; not that he showed his victim any. Bertanotti, with 46 violations on his driving record — although his brother claims 12 of those are actually his — faces between 11.56 and 37 years in prison.

And hopefully, a lifetime ban on driving once he gets out.

………

Tuesday was the first day of LA’s 2013 bike and pedestrian count, as volunteers with the LACBC and Los Angeles Walks counted non-motorized travellers during the morning and evening commute times. The count will continue this Saturday to track weekend riders and walkers.

The remarkable thing is that two members of the LA City Council participated in the count along with their staffs; Westside CM Mike Bonin and Valley CM Bob Blumenfield deserve thanks for joining in. Which just goes to show how mainstream bicycling and walking have become when even council members become volunteers.

Maybe there’s hope for this city yet.

Especially if Bonin’s new motion to have the city share such statistics passes the Council.

On the other hand, as great a job as they’ve done, it shouldn’t be up to a pair of non-profit organizations to do the city’s job for it.

New York City can prove the benefits of their efforts to transform the city streets with detailed before and after stats showing traffic, collisions, and injuries or death.

It’s long past time Los Angeles did the same.

………

Alan Stephen ghost bike

Alan Stephen ghost bike

A Central Coast driver pleads guilty to vehicular manslaughter and DUI, just nine days after running down two bicyclists in Morro Bay on Memorial Day.

She tried to do the right thing by taking the train back home after a night of drinking. Unfortunately, she still had a BAC of .07 an hour after killing one rider and seriously injuring the other while driving to work at 11 am.

But at least she did the right thing by taking responsibility for her actions. And doing it right away, rather than dragging out the process in order to get a better plea deal.

When was the last time you saw that happen?

Thanks to Patti Andre — who still hasn’t seen justice for the collateral-damage death of her bike riding brother — for the heads-up.

………

Virgil Avenue could be the latest Los Angeles Street to get a road diet, complete with five-foot bike lanes and wider, more walkable sidewalks.

And San Marino will discuss that city’s first bike lanes on Wednesday.

………

You’re invited to attend next week’s meeting of the Advocacy and Education Subcommittee of the LA Bicycle Advisory Committee, the city’s only official voice for cyclists. The meeting, with a very full agenda, takes place at 7 pm on Wednesday, September 18, at the IMAN Cultural Center, 3376 Motor Ave.

……..

Streetsblog offers a nice look at the work of HOLA, or Heart of LA, a non-profit bringing youth art to city bus benches.

What the story doesn’t mention, though, is that one of the members of their Board of Directors is Glenn Gritzner, who pleaded no-contest for the hit-and-run collision that left LA bike advocate Don Ward, aka Roadblock, lying injured in the street.

That was the case in which Ward famously tracked down the driver himself when the police were slow to take action.

………

Looks like you’re not going to get back that money you spent on Lance Armstrong’s book.

………

I’m told that Tuesday was the 130th anniversary of LA’s first organized bike race, as five riders took to a one-mile dirt track on their Penny-farthings in what is now Exposition Park on September 10th, 1883.

Twitter-er Walt Arrrrr kindly forwards photos of a couple of slightly more recent races.

I wonder what they would have thought about last weekend’s Wolfpack Hustle Drag Race?

………

Finally, get out that old catcher’s uniform, as Calgary researchers say a mere helmet isn’t protection enough; you now need body armor. And LA’s Fox 11 (KTTV-11) goes trolling for bike hate, asking their Facebook followers what they think about sharing the road with cyclists; thanks to Michael McVerry for the link.

Category: Advocacy & Politics, Bikes & the Law, Hit-and-Run, Streets and Infrastructure / Tags: , , , , , ,

Making the law up as they go along — another SoCal cop gets it wrong on sharrows and riding abreast

September 9, 2013 / / 18 comments
6-AK-Sharrows

You’re not required to ride to the right when sharrows are present

It’s said that ignorance of the law is no excuse.

But what if the ones who appear to be ignorant of the law are the same people charged with enforcing it?

It looks like cyclists in San Diego’s North County may be about to find out.

In a case reminiscent of the West Hollywood Sheriff’s deputy who was captured on video demonstrating his lack of knowledge about sharrows recently, a San Diego County Sheriff’s Captain spoke — or rather, misspoke — on the subject with community members last month.

According to the Coast News,

Sheriff Capt. Robert Haley said sharrows are a great concept but there has been some confusion on the proper way to use them.

Problem is, he’s the one who seems to be confused.

“Some people think it’s a giant bike lane,” he said, adding that, according to the law, cyclists are always supposed to ride as far to the right as possible anytime they are on a roadway, even in a sharrow or bike lane.

Uh, no.

Excuse me. Hell no.

Bike riders are not required to ride to the right within a bike lane, which in most cases would put you in the door zone. Or in the gutter.

Instead, bicyclists are legally allowed to ride anywhere between the two lines they feel safest or most comfortable. And a sheriff’s captain should know that.

He should also know that cyclists can leave a bike lane anytime, for any number of reasons. And that they aren’t required to ride in a bike lane unless they’re travelling below the speed of traffic.

Which means that if you’re riding as fast or faster than the cars around you, the requirement to ride to the right doesn’t even apply, and you can ride anywhere in the roadway you damn well please.

And it doesn’t apply at all within a bike lane.

Any officer foolish enough to ticket a cyclist for not riding on the far right of a bike lane can, and should, be laughed out of court.

The same goes for anyone who tries to ticket a bicyclist for riding on sharrows.

Sharrows, or shared lane markings, are intended, among other things, to indicate where a bike rider should position him or herself on a lane that’s too narrow to be safely shared by a bike and a car travelling side-by-side in the same lane.

And that’s the key point.

Sharrows are intended for use on substandard-width lanes, which is generally considered any right-side traffic lane narrower than 14 feet.

Think of it this way.

You take up about three feet on your bike, and need a three foot cushion for an eight-foot wide vehicle to pass you safely.

And that’s if there’s no parking on your right. If there is, add another four to five feet to keep you safely out of the door zone.

Which means that, according to CVC 21202, the requirement to ride as far right as practicable — not as possible, despite what Capt. Haley said  — does not apply on any lane less than 14 feet wide, or 18 if it contains parking.

So sharrows not only indicate that the lane is to be shared between bikes and cars, they should serve as an indication to everyone concerned that the requirement to ride to the right does not apply on that street.

Then again, it doesn’t apply on many, if not most, right hand lanes in Southern California, sharrowed or otherwise, where a 14 foot lane would be a luxury.

You’d think those charged with enforcing our laws would get that.

Of course, you’d also think that police, sheriffs and CHP officers would know that there is no requirement to ride single file under California law. In fact, it’s not even mentioned anywhere in the California Vehicle Code.

And one of the basic precepts of English Common Law, which forms the basis of the American legal system, is that anything that isn’t expressly prohibited is therefore legal.

But like Capt. Haley’s, many police agencies — including the CHP and at least some sections of the LA County Sheriff’s Department — frequently misapply CVC 21202 to ticket cyclists who are legally riding side-by-side.

“If a person is riding to the left of someone else, he isn’t as far to the right as possible,” he added.

Haley said he verified the law with Traffic Commissioner Larry Jones, who confirmed that cyclists must ride in a single line while on a street.

As one cyclist I know put it, “I couldn’t ride any further to the right, officer. There was another bike there.”

Except, as pointed out above, CVC 21202 doesn’t apply on substandard lanes.

Which means that bike riders can legally ride side-by-side — or side-by-side-by-side, or more — on any lane that’s less than 14 feet wide, or 18 to 19 feet wide if there’s parking on the right.

And again, that’s virtually every right lane in Los Angeles, and most in Southern California.

Or, as pointed out above, if you’re riding at the speed of traffic. Which means if your double paceline can ride at the speed limit for the roadway you’re riding on, you are perfectly within your rights.

Of course, it’s not just the police that get it wrong.

As David Salovesh pointed out, the DMV’s own training materials (top of page 17) get it wrong, too.

Bicyclists may ride side-by-side (two abreast) on roadways, but they must ride single file when being overtaken by other vehicles. Bicyclists may only travel more than two abreast on a shoulder, bike lane or bike path intended for bike use if there is sufficient space. However, they must be in single file when passing vehicles, pedestrians, or other bicyclists.

None of which appears in CVC 21202, despite their citation. Or anywhere else in the Vehicle Code, for that matter.

Not the part about being allowed to ride two abreast, or being required to ride single file when passing or being passed.

Which makes you wonder just how they came up with it. And how they justify spreading false information with no basis in the law in an official publication.

But back to our sheriff’s captain from San Diego County.

Haley said cyclists who don’t like the laws can work to get legislation enacted to change them.

Or he, and other police officers, could just try enforcing the laws as they are actually written, rather than misinterpreting and misapplying them to prohibit behaviors they were never meant to address.

Fortunately, Haley says his department doesn’t intend to target riders for violating their misinterpretation of the law.

But anyone who does get a ticket for riding abreast or not riding far enough right — with or without sharrows, in San Diego or anywhere else — should measure the lane they were riding in.

Then get a good lawyer.

Category: Bikes & the Law, Law Enforcement, Streets and Infrastructure / Tags: , , , ,

Valley cyclist’s leg run over by road raging driver; check out Sweet Ride USA and UCLA Bicycle Academy

September 6, 2013 / / 14 comments

Let’s catch up on a couple items I haven’t had a chance to mention this week. As well as  frightening news from this week’s commute.

……….

I’ve just gotten word of a violent road rage attack against a cyclist in the Valley Wednesday night.

Road rage driver

The car’s license plate has been blurred to avoid interfering with the investigation

I’ll let the victim, John, tell his story; I’m withholding his last name to protect his privacy and help prevent possible retaliation.

I left my work on Owensmouth in Chatsworth around 5:20 pm Wednesday, riding north towards Lassen. It’s two lanes there; I take up the right lane, since there’s no room and the street is messed up on the shoulder.

A white car passed me very close and very fast. He had to almost immediately slam on his brakes because there were 10 stopped cars in both lanes in front of him. I passed him while he was stopped, then as traffic started moving I was now in front of him again. He started laying on his horn and yelling for me to get out of the road, so I stopped in front of him and asked him what his issue was.

He told me bikes can’t be in the road and I needed to be on the sidewalk. We argued back and forth, then he said he would call the police if I didn’t get out of his way.  I told him to please call the police. He then threatened to come move me himself, so I said go ahead (I’m 6’5” and 300 pounds).

After that, he got back in his car and honked awhile longer. I was trying to explain to him my rights as a cyclist but he would not listen to me. He then drove slowly forward, making contact and slightly pushing my bike. I yelled at him, then he just nailed the gas. He knocked me to the ground and ran over my bike and right leg, then had to stop because there were two cars in front of him at the light.

As I got up, he got out of his car and told me that I am an asshole and I’m the reason people hate cyclists. I took the pic of him and his car about that time.

2013-09-04 18.15.14He then got back in his car, made a left on Lassen and drove off.  I tried to get witnesses from the over 20 people there, but only got two to stop. Then I called 911. My leg looked like I had 2 tennis balls under my skin on my mid and lower shin, as well as a few cuts and both chain and tire marks; after a minute or two it was hard to walk.

They took me to Northridge Hospital. There is a possible fracture of one of the bones in my foot and crush injuries to my leg. I need to see another doctor in a couple days when the swelling goes down, but meanwhile, I can’t really walk because it hurts to put any pressure on my leg. The reporting officer said he went to the guy’s address but he was not answering the door and it appeared his car was in the garage.  Now I guess the case is in limbo between that officer and the detectives.

Hopefully, John will be okay. And hopefully, the police will take this case seriously and get a dangerous driver — one willing to use his car as a weapon — off the streets.

And that’s exactly what the charge should be, assault with a deadly weapon. It doesn’t matter that they were arguing before the impact, any more than it would matter if two men were arguing outside a bar when one took out a gun and shot the other.

But as this case clearly shows, it’s almost always a mistake to stop and argue with an angry driver, no matter how wrong or how much of a jerk he or she may be. Let alone stop in front of them.

I learned that lesson myself. The hard way.

Your best move is to get out of the way, and photograph — or better yet, video — the driver’s actions, and get the names and numbers of any witnesses.

Then let the police deal with it.

On the other hand, this could also be a good test case for LA’s bicyclist anti-harassment ordinance.

Correction: I originally wrote that this incident occurred on Thursday; it actually took place on Wednesday.

………

A few months back, I ran into a guy with a brilliant idea for a web-based video series.

Steve Isaacs told me about Sweet Ride USA, devoted to exploring the sweet side of life by bike.

If you ask me, the only thing that goes better with bikes than dessert is beer. And it’s a lot easier to ride home after a few pastries than it is a handful of beers.

He promised to send me more details. And then… nothing.

At least, until I went online the other day to dig through my email server’s spam filter looking for another message that didn’t get through. And found the one he’d sent me over two months earlier.

Sorry about that, Steve.

For the last few months I’ve been developing a new web series called Sweet Ride USA, about exploring a city by bicycle with friends, seeking out delicious desserts and ultimately burning off every calorie we consume on the ride. It’s a homemade effort, all done with a partner and a bunch of friends donating their time & talent, and we just launched our first episode!

WATCH EPISODE 1 http://bit.ly/srusaep1

The bike culture and its people have been very good to me, and I wanted create a show that would bring viewers into the unique thrill of checking out a city on two wheels and use the sampling of desserts as a universal hook, for the non-biking folks.

The long view for the show is to eventually travel the world and find out what their bike cultures have to teach us… while eating their donuts.

I’d love it if you’d check out the show – http://bit.ly/srusaep1 and if you like it – please subscribe, follow, like or share with your audience.

Steve Isaacs
Facebook Twitter
Check out our Teaser Trailer
http://bit.ly/srusateaser
Subscribe to the Sweet Ride USA YouTube Channel
http://youtube.com/sweetrideusa

………

Former LACBC board member, and UCLA and Cambridge lecturer Dr. Michael Cahn writes about the revival of an erstwhile bike group on the Westwood campus.

There used to be a little group called UCLA Bicycle Academy. We had a blog http://www.bicycleacademy.blogspot.com/ and a monthly lunch appointment, the first Friday every month.

This Friday, 6 September, we will resume this little routine. Donald “High-Price-of-Free-Parking” Shoup is joining us for a little update about campus developments and opportunities.  Do join us for a good start to the new term!  We meet at Lu Valle Commons on Friday 6 September at 12 noon.

………

Finally, Mark Goodley forwards a photo of the Ghost Bike for Debra Deem, killed in a collision while riding in Newport Beach last week.

Beautiful. And just too sad for words.

We can all look forward to the day when the last bike rider killed on our streets is the last bike rider killed on our streets.

Photo by Mark Goodley

Photo by Mark Goodley

Category: Bicycle Safety, Bike Events, Bikes & the Law, Car vs Bike, General, Hit-and-Run, Injuries and Fatalities, Violence & Crime / Tags: , , , , , ,

Cutting through the confusion — LAPD clarifies why driver wasn’t cited in last week’s right hook wreck

September 5, 2013 / / 8 comments

Call it a case of miscommunication.

Last week’s failure to ticket the driver who right hooked Melanie Freeland as she biked to work — despite being witnessed by two police officers — quickly went from bad to worse.

As Freeland questioned why the driver wasn’t ticketed for failing to signal and yield the right-of-way as required by law, it quickly devolved into a desk officer arguing with her and refusing to put through her call to the bike liaison for the Central Traffic Division.

And led to an explanation from the Watch Commander on duty at the time of the collision that made it appear that most police officers are prohibited from writing traffic tickets, even if they witness the incident.

Or maybe not.

That bike liaison in question, LAPD Central Traffic Division’s Sgt. Laszlo Sandor, went to great lengths to clarify matters at last night’s regularly scheduled bike liaison meeting, which evolved from the department’s long-standing bike task force.

First off, the officers who witnessed the collision could have written a ticket on the spot. The reason they didn’t wasn’t that they didn’t have specific training in traffic law, as Freeland had understood from the Watch Commander’s explanation. It was that they were due in court, and had to hand the case off to someone else to avoid the wrath of an angry judge.

Or worse, having their case dismissed.

Secondly, Freeland reported that the Watch Commander had described a Catch 22 that would seem to prevent most patrol officers from writing a ticket in virtually any situation.

She stated that in order for a traffic citation to be issued two criteria must be met. An LAPD officer must witness the incident and be trained in traffic laws (taken the special course in traffic). Because the [traffic officer] didn’t witness the incident it did not meet the two criteria. Secondly, the officer who did witness the incident is not trained in traffic laws, so again it does not meet the criteria.

In other words, as she understood it, in order to issue a ticket at the scene, an officer must 1) actually witness the infraction, and 2) have specialized training in traffic investigations.

Which counts out the overwhelming majority of officers on the street.

Well, almost.

As Sgt. Sandor explained, there are two ways a driver — or a bike rider or pedestrian, for that matter — can be held accountable for an infraction.

The first is the one we’re all familiar with.

Someone commits an infraction, like running a red light, for instance. An officer sees it, fires up the lights and sirens, and tickets the violator on the spot.

Or in this case, can write a ticket after actually witnessing a collision. Which these officers could have done, but didn’t, for the reason explained above.

The second way is what the Watch Commander evidently tried, and failed, to explain. A driver can be ticketed after the fact if the investigating officer can conclusively determine what actually happened based on witness statements and the evidence at the scene.

But in order to do that, the officer must have specialized training in traffic investigations.

So any officer can write a ticket for any infraction they witness. Or an officer with specialized traffic investigation training can write a ticket or make an arrest after the fact, based on the totality of evidence.

In addition, there are two ways a driver can be held accountable for an infraction.

Again, he or she can be ticketed or arrested, depending on the severity of the infraction. Or the investigating officer can find the driver at fault in the traffic report, in which case the driver won’t face a fine or jail time, but will be charged points against his or her license by the DMV.

That appears to be what happened in Freeland’s case.

So justice was, apparently, won, despite a full week’s worth of aggravation and confusion.

The officers at the meeting suggested that, in some ways, it’s better to have the driver found at fault and have points charged by the DMV, since, unlike a ticket, it can’t be fought in court or dismissed if the officer is unable to attend the hearing.

Although if the driver is convicted, he will still have points charged against his or her license, as well as face additional penalties from the court.

As for the argument with the desk officer, Sgt. Sandor suggested that the officer was actually trying to help, since he — Sandor — was out of the office for several days.

But in the end, we all agreed that it would have been better to simply send the call to his voice mail, rather than appear to screen the bike liaison’s calls.

On the other hand, all of the department’s bike liaisons at the meeting agreed that email was the best way to contact them, rather than calling. Email leaves a written record of the conversation that they can refer to later. And they receive emails on work computers as well as on their personal devices, regardless of whether they are in the office.

And one more thing.

This morning I received an email from Melanie Freeland, who reported that she was back on her bike and once again riding to work, exactly one week after she was hit by the car.

Now that’s good news.

………

Thanks to Sgt. Sandor for looking into the matter and clarifying a very confusing situation. And thanks to the Los Angeles County Bicycle Coalition’s Colin Bogart, who worked with the LAPD and city officials to assist Freeland in this case.

The LACBC doesn’t often trumpet its victories or the work it does to help individual bike riders — perhaps to its detriment.

But as in the case above, I’ve often witnessed their staff members fighting behind the scenes for the rights of bike riders, whether collectively or on an individual basis. And whether or not they’re members of the coalition.

It’s an organization I’m proud to support and be a part of.

Meanwhile, writing on LA Streetsblog, an LA attorney offers advice on what to do if the police fail to adequately respond to a collision.

Category: Bikes & the Law, Car vs Bike, Law Enforcement, Legal Cases / Tags: , , , , , , ,
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