Archive for Bikes & the Law

Izquieta pleads guilty in OC drugged hit-and-run death; Jay Slater elected chair of BAC

February 2, 2011 / / 6 comments

Riverside resident Patricia Ann Izquieta has pleaded guilty in the 2009 death of cyclist Donald Murphy in Newport Beach.

According to KPCC 89.3 – which describes Izquieta as “drug-addled” at the time of the collision — she changed her initial not-guilty plea to admit to charges of felony hit-and-run with death or permanent injury, felony manslaughter while intoxicated and misdemeanor driving without a valid license.

And for that, she is expected to receive a whopping three years in prison — despite being under the influence of several prescription medications at the time of the collision.

On the other hand, Murphy, who spent much of his spare time working with recovering addicts in halfway houses, received the death penalty for the crime of riding a bike on a public street.

Don’t get me wrong. I’m glad there was a conviction in this case, and that justice was done.

But sometimes justice stinks.

.………

In a surprising move, Jay Slater is elected Chair of the city’s Bicycle Advisory Committee by a one-vote margin after calling for better outreach to LADOT, the mayor and City Council committee heads; former Chair Glenn Bailey is unanimously elected Vice Chair.

Glenn has done a great job as Chair over the last few years, raising the profile of the BAC and helping restore it to it’s legitimate place as the leading voice for cyclists in L.A. government. Regardless of last night’s vote, he deserves the thanks of the city’s cyclists for a job well done; if you’ve noticed improvement in how we’re treated on the streets and in City Hall, he deserves a lot of the credit.

And congratulations to Jay Slater, who is well-respected in L.A. cycling circles and well-connected to city leadership. Here’s hoping he can build on Glenn’s work and take the BAC to the next level.

I know, like and respect both men. If they can work well together as leaders of the BAC, it should be an unstoppable combination.

Thanks to Christopher Kidd for live tweeting the meeting. Meanwhile, Chris also reports on last week’s meeting of the BAC Bikeways Subcommittee.

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People for Bikes urges everyone to help double their membership by inviting a friend to take the pledge. So I’m asking you. If you haven’t signed up yet, take 30 seconds to do it right now; you could win a free Timbuk2 messenger bag.

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America’s rising bike hero puts his first pro year on hold as Taylor Phinney pulls out of the Tour of Qatar due to tendonitis in his knee. I’ve had the privilege of riding with both his parents — not that they’d remember it — and word is that he’s better than both onboard a bike, which is saying something. And he seems to be a genuinely nice guy, which appears to run in the family.

Meanwhile, Floyd “I was lying then but seriously, I’m telling the truth now” Landis says he had to choose between cheating by doping and being cheated by dopers; the Amgen Tour of California says not on our watch. Alexandre Vinokourov says this will be his last year as a pro cyclist. And Aussie cyclist Jack Bobridge breaks Chris Boardman’s 15-year old world record in the 4 kilometer individual pursuit.

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A DC area writer says cyclists will follow the rules when the rules make more sense. Ohio bike lawyer Steve Magos responds that cyclists need to follow the rules and obey the traffic laws we have now.

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The L.A. City Council decides not to decide on a proposal for bus and bike-only lanes on Wilshire Blvd. Car-less Valley Girl offers great advice on what not to do when you ride a bike and why; seriously, read it already. REI Santa Monica is hosting a presentation on cycling California’s central coast by the extremely nice and knowledgeable Meghan Kavanagh. Joe Anthony of Bike Commute News writes a great piece on the history and importance of the Save A Cyclist campaign; it’s definitely worth reading — and not just because he quotes me. Good daily news report from L.A.’s 2nd Council District. I spent most of yesterday on Tuesday’s ride from the Ballona Creek outlet to L.A. City Hall hosted by Jared Blumenfield, West Coast Administrator for the EPA. The Valley Bikery celebrated the Grand Opening of their new storefront, with coverage by CicLAvia and Streetsblog’s Damien Newton. Speaking of CicLAvia, mark your calendar for April 11, July 10 and October 9. More on NIMBYist opposition to the proposed extension of the beachfront bike path in Venice, as well as a surprising supporter. Tim Robbins rides a bike in Santa Monica. Long Beach hosts a workshop on the city’s bike master plan Wednesday night, part of a series of upcoming meetings. The city also begins construction on separated bike lanes downtown; thanks to Frank Peters for the heads-up. The Claremont Cyclist examines differences in helmet use between lycra and denim clad riders.

San Diego-area Representative Duncan Hunter, recent recipient of his similarly named father’s hereditary seat, says getting San Diegans out of their cars is not feasible; way to think small, Congressman. Just Another Cyclist says California’s Mandatory Use Law really isn’t. Do SF cyclists consider new center lane sharrows too dangerous to use? A bicycling widow campaigns for safer roads for cyclists a year after his death.

Elly Blue says don’t be afraid to ride a bike, be afraid of what could happen if you don’t. A new $16 tool could save your next bent rim. A University of Arizona student has her first bike commuting collision, with another cyclist no less. Chicago’s leading mayoral candidate is an avid cyclist and bike supporter. Boston Biker astutely tells motorists cyclists are not the ones slowing them down. A columnist for the Boston Globe says if a little less car space is the price we have to pay to see women, children and the elderly pedaling the city’s streets, it’s worth it; thanks again to Frank Peters. John McCain — who I used to admire — has gone from maverick to whack job, insisting that not one federal dime be spend for bike parking at airports; God forbid some crazy person might actually want to ride to one instead of spending hours in backed-up traffic.

A Bahamian cyclist is murdered as witnesses report seeing a driver chase and intentionally run him down. No European-style strict liability for English cyclists; more on that topic soon. The BBC notes the rise of bike helmet cams; here’s a quick overview of some of the leading options. Town Mouse reports on the new Cycling Embassy of Great Britain after failing to get her Boris Bike account to work. Northern Ireland’s Assembly votes to reduce the rate of cycling in the province by requiring mandatory helmet use for all riders. In Copenhagen, parents are afraid to let their children ride because of speeding cyclists. Storming the beaches of Normandy by bike. The number one reason New Zealand is so shit for cyclists — the author’s words, not mine; personally, I think the #1 reason more people don’t ride is because we’re usually treated like #2. Ghost bikes may soon haunt Kiwi drivers; I’m a big supporter of ghost bikes, but what if we just didn’t kill any cyclists so they wouldn’t be necessary?

Finally, Cyclelicious points us towards this story about a new Jakarta bicycle track; maybe it’s just a bad translation, but I really, really like their promise to “sterilize the special track from other road users.” I don’t know what kind of disinfectant they use, but I want some.

Or I could just ride on the other side of the road. As long as it’s not this one.

Category: Advocacy & Politics, Bikes & the Law, Legal Cases / Tags: , , , , , , ,

Breaking News — Charges filed against Stephanie Segal in the death of cyclist James Laing

February 1, 2011 / / 22 comments

Somehow, this one slipped past us.

Along with a number of other cyclists, I’ve been carefully following the case of Stephanie Segal, the driver accused of killing James Laing in a drunken Agoura Hills hit-and-run last October. And wondering why it was taking the DA so long to file charges in a case that seemed so open and shut.

Wonder no more.

The question isn’t when charges will be filed, but why no announcement was made.

After doing a little digging — okay, a lot of digging — cyclist and attorney Dj Wheels discovered that charges were filed on December 27, and Segal was formally arraigned last Thursday. She pleaded not guilty to one count of felony gross vehicular manslaughter while intoxicated, PC 191.5(a); and one count of felony hit-and-run with injury, CVC 20001(a), and is scheduled to appear for a Preliminary Hearing Setting on March 3rd.

More interesting, perhaps, is that the case is being heard at the same Malibu Courthouse where Robert Sam Sanchez was convicted in the hit-and-run death of Rod Armas — and by the same judge that sentenced Sanchez to 4 years after he pleaded no contest to hit-and-run with injury and vehicular manslaughter with gross negligence.

Although I doubt there are very many people in cycling community who would be satisfied with four years in this case.

Wheels also notes that the judge has ordered Segal not to consume alcohol or controlled substances without a valid prescription, and that she has entered a residential drug and alcohol treatment facility, and was ordered not to leave without the permission of the court or program director.

In other words, she seems to be playing the same Get Out of Jail Free card favored by countless celebrities, entering rehab in hopes of leniency from the court.

The problem is, she may — or may not — sober up. But James Laing will still be dead simply because she chose to get drunk and get behind the wheel — then fled the scene, leaving a husband, son and brother to die in the street.

So let’s hope the judge is too smart to fall for that one.

But let’s make sure they know we’re watching, just in case.

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In other news, the LA Bicycle Advisory Committee offers up a very full agenda for their meeting Tuesday night at the Community Room of the Hollywood Neighborhood City Hall, 6501 Fountain Avenue. The meeting is open to the public and cyclists are encouraged to attend.

 

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

Does “Bike-friendly” Long Beach intentionally stomp on cyclists’ civil rights?

January 20, 2011 / / 6 comments

Long Beach has long proclaimed its intention to be America’s most bike friendly city.

And under the guidance of mobility coordinator Charlie Gandy, it’s gone far beyond any other city in Southern California in terms of building bicycle infrastructure and promoting cycling.

So it’s disappointing to find out that their bike-friendly attitude doesn’t extend to all cyclists. Or recognize the most basic rights guaranteed to all Americans.

As you may recall, controversy developed in October when the Long Beach police staged a heavy-handed crackdown on the city’s first official Critical Mass ride.

Police are accused of waving cyclists through a stop sign, then ticketing riders who obeyed their apparent instructions. They also attempted to enforce a bicycle licensing law that violates state law, which limits penalties for failing to license a bike to a maximum of $10 — and prohibits ticketing any riders from outside their jurisdiction for failing to register their bikes with Long Beach.

In addition, the police decided, with no apparent legal authority, that fixed gear bikes without separate brakes violate the state law requiring bikes be able to make one wheel skid on dry, level, clean pavement — a standard most fixies can easily meet.

And the police enforced those so-called violations by seizing the bikes of the riders involved — again, without any apparent legal authority.

Now, a new story from the Long Beach Post reveals just how far the city is willing to go to violate the civil rights of American citizens, simply because they travel on two wheels and have chosen to practice their First Amendment rights to freedom of speech and freedom of assembly under the banner of Critical Mass.

According to the Post, despite official denials from the city, the organizers of the ride attempted to get a permit in advance, which Long Beach officials failed to issue. Yet they were found in violation of a requirement that any group of 75 or more is required to get a Special Events Permit — even though that law was legally unenforceable because parts of it had been declared unconstitutional.

Long Beach City Manager Patrick West — a serious cyclist for 18 years — chillingly explains that the city is in fact targeting Critical Mass, and that any other ride, by any other name, would not face the same heavy-handed enforcement.

“Long Beach has been a leader in [developing] bike infrastructure. When a group goes out there to violate traffic laws, it brings more [negative] attention to the money that we’re spending on infrastructure, and angers the average motorist.

“If it’s a Critical Mass ride,” West continued, “you can expect our police department to be there to to monitor that. A Critical Mass ride is something that is going to attract the attention of our police department to prevent cyclists from, you know, to maintain the vehicle code. And I’m just speaking of Critical Mass. I’m not speaking about any other ride in Long Beach at all, whenever, where-ever, whoever. I’m speaking about a Critical Mass ride.”

Correct me if I’m wrong, but isn’t that called selective enforcement?

His words were born out by another crackdown on a Christmas ride intended to raise funds to help cyclists fight the tickets from the October crackdown. Suspecting it was actually a super-secret Critical Mass ride under another name, the police arrived in force and halted the ride before it could even begin.

According to City Manager Patrick West, “we suspected that the second [ride] was a Critical Mass ride and, in hindsight, it was clear to us that it was not a Critical Mass ride. We communicated that to the group, then I talked to Jerome Podgajski [founder of MashLBC.com-ed] and I apologized.

“The second ride involved many of the same individuals,” said West, “and, at the end of the day, it turned out that no one had any intention of creating a Critical Mass ride, so we would have supported that ride. We’re learning as we go along, and we’re talking to event organizers to just be careful about billing things as a Critical Mass ride because we’re very very conscientious of that group.”

In other words, better to apologize afterwards than get the facts right first. And it’s okay to violate the rights of one group, as long as you support other groups who may do the same things, but under a different name.

The writer, Sander Wolff, got the perspective of a local attorney about the first incident:

I asked attorney Robert Thomas Hayes Link, Esq., who grew up in Long Beach, what he thought of the incident. “As described by (cyclist) Gerry Campos, the supposedly bicycle-friendly City of Long Beach, by way of the conduct of the Long Beach Police Department, would seem to have arranged for a sting operation designed to discourage future cycling awareness activities within its borders. Whether the City managed this in a fashion that shields them from civil rights liability remains to be seen.”

Read the full article.

It clearly drives home the fact that Long Beach may see itself as bike friendly.

But a bike-friendly attitude goes far beyond mere paint on the street.

Unless and until the city begins to observe the requirements of the California Vehicle Code — which supersedes city ordinances — and interprets the law in a fair and legal manner, treating all cyclists equally under the law, it will continue to put to lie their self-proclaimed vision as the country’s leading bike city.

And continue to be a city that cyclists  — Critical or otherwise — might be better off avoiding.

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Let me make one thing clear. I’m not a fan of Critical Mass; I tend to believe, like LB City Manager West, that it only serves to anger people who might otherwise support us.

But I am a big fan of the U.S. Constitution and the Bill of Rights. And I cannot support any person, city, jurisdiction or authority that willfully ignores the law to violate the rights of any cyclist.

As Emma Lazarus said, until we are all free, none of us is free.

Category: Advocacy & Politics, Bikes & the Law / Tags: , , , , ,

For crying out loud, just stop at the damn stop sign already

January 19, 2011 / / 15 comments

If someone else has the right-of-way, just do what the damn sign says.

Enough already.

Over the weekend, I saw two cyclists run stop signs directly in front of oncoming traffic, forcing drivers to jam on their brakes in order to avoid hitting them.

And one of those drivers was me.

Don’t get me wrong.

It’s true, I stop for stop signs, whether I’m driving or riding my bike. I’ve made a point of doing it on my bike ever since I blew through a stop just as a young boy pointed at me and told his dad he wanted to be just like me. And I realized that I’d just taught a little kid to run stop signs.

It’s not like I’m a fanatic about it. I come to a near stop, without putting my foot down, then go as soon as I think it’s safe and I have the right-of-way.

Sort of like pretty much every driver in Los Angeles does, to a greater or lesser degree.

But what I never, ever do is go through any intersection when someone else has the right-of-way. Even if they wave me through themselves, I’m reluctant to take advantage of it if I think there’s any possible risk of a misunderstanding.

Frankly, my life is worth a hell of a lot more than any need to get through the intersection first. Let alone do it without stopping.

Let’s take the first case.

I don’t drive often anymore. In fact, I put less than 800 miles on my car last year. But I had an errand to run that just wasn’t practical to do on foot or two wheels.

So I found myself at a four way stop in Westwood, waiting for the cross traffic to go by. Just as I pulled out into the middle of the intersection, though, a cyclist snaked by the car waiting on the cross street and blew out in front me of without stopping — forcing me to jam on the brakes to avoid hitting him.

Not that he cared. Or even seemed to notice.

Then I watched it happen again with a different rider a few blocks later. Except this guy blew through a stop sign just as the car to his left was making a right turn — one the driver had actually signaled for, so unlike most L.A. drivers, there should have been no question of his intentions.

Fortunately, the driver saw the cyclist blowing by on his right, and made a panic stop just inches from the idiot on the bike.

And had he hit him, I would have been the first in line to testify on the driver’s behalf.

Why they did it, I have no idea. Maybe they were no different than the impatient drivers who aren’t willing to invest an extra two seconds to pass a bike safely — or in this case, stop long enough to protect their own lives. Or  maybe they just don’t think the law, or common sense, applies to them.

So let’s get everyone on the same page.

If you’re the only one at the intersection, I couldn’t care less if you run the stop sign. Seriously, be my guest. Worst that happens is you might be a bad role model. Or get a ticket if there’s a cop nearby.

If there are other people at the intersection, I don’t care if you come to a full stop as long as you observe the right-of-way. It doesn’t matter if it’s a car, truck, SUV, motorcycle, pedestrian or another bike. It’s a simple rule — if they have the right-of-way, you don’t.

If you don’t understand what right-of-way is or who has it, it’s high time you learned. The rules are exactly the same for cyclists as they are for drivers.

And for anyone still unclear on the concept, pedestrians in the crosswalk always, always, always have the right-of-way. Capice?

So for crying out loud, stop already. At least long enough to let the other people and vehicles pass, then go when — and only when — it’s your turn.

There is absolutely nothing special about you or your bike that gives you the right to ignore traffic laws — especially not when it puts you or anyone else in jeopardy. Nothing.

If a cop sees you run a stop sign, you could — and probably should — get a ticket.

If you cause a collision by running a stop sign, you’re at fault. Period. Even if you weren’t directly involved. Which means that you could be held legally and financially responsible for any injuries or property damage resulting from a collision that you weren’t even in.

And if you get hit by a car after running a stop sign, you lose any liability protection you might otherwise enjoy — even if that wasn’t the primary cause of the collision. Which means that any medical care, lost wages or damage to your bike comes right out of your pocket.

Don’t like it? Tough shit.

The law doesn’t care why you blew the stop. Only that you did.

And you make it that much harder on those of us who do stop, because it only reinforces the attitude that none of us do. Which means that, fairly or not, cops and juries are likely to believe that any cyclist injured in a collision was most likely at fault — something I found out the hard way when I was hit while stopped at a stop sign.

The driver claimed I ran it and fell on my own while making a high speed turn. And the cop believed her, despite all the evidence to the contrary.

Because, he said, “all you guys run stop signs.”

It’s also not just Los Angeles, or even California. Although it seems to be becoming more common here all the time.

Frankly, it’s just common sense. If someone else has the right-of-way, stop already.

Otherwise you may learn, like I did, that cars are bigger than we are. And they hurt.

And if you were one of the idiots morons jackasses jerks stop sign running riders I encountered over the weekend, we need to talk.

Seriously.

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Welcome Nathan Baird to the newly created position of LADOT Bike Program Coordinator. A new video looks at the LACBC’s City of Lights and the invisible cyclists. The Examined Spoke points out that Beverly Hills still has a bike registration law on the books, even if it’s not enforced anymore; then again, they also have a law on the books requiring cyclists to ride as close to the curb as possible, in violation of state law. The Kit Karzen Foundation kicks off their program to promote cycling for kids with ADHD with a celebration at Cynergy Cycles on Saturday. A lack of bikeways on the Gerald Desmond bridge could jeopardize Long Beach’s bike friendly image. The family of a cyclist allegedly killed in a drunken SF hit-and-run files suit. Santa Maria’s utilities director is injured in a collision with a semi-truck; notice how the story subtly places blame on the cyclist for colliding with the truck, even though the limited details suggest the truck pulled out in front of the oncoming bike.

A Yuma AZ cyclist wants to know why people there endanger every cyclist’s life by driving irresponsibly; a letter that could have been written by almost any cyclist anywhere. The best way to promote cycling could be to make it faster than driving. Despite claims to the contrary, New York cyclists get tickets after all. A new rear-view bike camera could record the last 10 seconds in the event of a collision. Virginia considers increasing the distance to pass bikes from 2 to 3 feet, and prohibit tailgating bikes. Sports Illustrated spells out the latest doping accusations against Lance Armstrong; is it just me, or is someone really out to get him?

British Big Brother host Davina McCall launches a new women-only charity ride. A rash of stolen manhole covers could lead to the death of cyclists in Oxfordshire. Aussie cyclist Amber Halliday is brought out of sedation after suffering “horrific” head injuries in a fall.

Finally, eight years in prison for a drunken ex-athlete who ran down a cyclist, then allegedly stepped on the victim’s face as he lay dying.

Hell does not have a hole deep enough.

Category: Bicycle Safety, Bikes & the Law / Tags: , , , ,

Police kill armed Watts cyclist, LBPD cracks down once again, DMV says accidents aren’t

December 27, 2010 / / 2 comments

Don't forget Tuesday's all-day LACBC fundraiser and party at the Library Alehouse.

Catching up from a long and fattening weekend:

In a bizarre case, police shot and killed an armed man riding a bike near the Jordan Downs Housing Project in Watts on Christmas morning.

According to the L.A. Times, LAPD officers responded to a report of an assault by someone armed with a rifle around 4 am. While they were talking with the occupants of an SUV, a man holding an assault rifle rode his bike towards the officers. They shot him when he refused their commands to drop the gun; the rider, described only as a man in his 20s, was pronounced dead at a nearby hospital.

As others note, there seems to be more to the story than what has been reported. Why the man would ride towards the police or refuse to drop the weapon have not been explained.

And oddly, none of the news reports indicate whether the rider was wearing a helmet.

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Once again, a heavy-handed police crackdown as the Long Beach police go out of their way to undo the city’s reputation for being bike friendly. Bicycle Fixation’s Rick Risemberg — not exactly a hotheaded radical — calls it goonsquad tactics.

Maybe the next L.A. Critical Mass should hop the Blue Line for a quick trip south.

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I’ve long argued that there’s no such thing as a vehicular accident, since collisions invariably involve one or more people breaking the law or operating their vehicles in an unsafe manner; turns out, the DMV agrees.

And on the subject of breaking traffic laws, Will Campbell says the way some cyclists run red lights is a sign of pathological tendencies. Unfortunately, I can’t disagree; red light running has gotten completely out of hand lately. It seems like most riders I see riding in the bike lanes on Santa Monica Blvd go through the lights — even when it means riding through traffic on cross streets.

So for anyone unclear on the concept, bikes are legally required to stop at all red lights, just like cars are. And yes, you can — and probably should — get a ticket for it.

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Damien Newton unveils the first of this year’s Streetsie Awards and gives you a chance to vote on your own choices; you’ll find my name there among some very good company, for which I am both honored and humbled.

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Celebrate New Years Eve eve with the intersection of bikes and poetry on the final Spokes and Words ride of the year. Richard Risemberg confronts a reincarnating pothole. The OC Bike Coalition points out the kind of road work fencing that should never be used. A San Diego cyclist is injured after hitting road debris. A Santa Rosa pro takes a life-changing trip to Africa to ride with Team Rwanda.

The 1,000 mile Remember the Removal bike tour follows the route of the infamous Trail of Tears, when the Cherokee Nation was forcibly and shamefully removed from their traditional lands. TreeHugger calls for bike-only boulevards. The best and worst of American bike racing in 2010. Lance’s Team RadioShack just got a lot faster. GOP strategist and George W. Bush buddy Karl Rove writes about the Ride 2 Recovery program for wounded vets; Hell has officially frozen over when I find myself agreeing with him on just about anything. EcoVelo reminisces on a lifelong love affair with bikes. Tacoma WA tells motorists to drive nice. Proof that bikes and cars can co-exist — a bike-based headlight service in the Motor City. New York doctors ask for improvements in bike infrastructure, which could do a lot more to prevent injuries than putting a helmet on every head.

Just four months after saving the life of a motorist, an artist is paralyzed after getting hit by a truck riding at the same spot. Are 29 inch wheels the future of mountain biking? Four years for a UK driver who killed a cyclist while stoned. A road rage driver has a three-year ban on driving overturned because his assault on a cyclist occurred after he left his vehicle; yeah, that’s exactly the kind of person we want on the road. Note to the Daily Mail — since when did a Segway become a bike? A medal-wining Dutch Paralympian faces disqualification from the 2012 games as she unexpectedly regains use of her legs.

Finally, the UK’s Guardian says you’re a sissy if you don’t ride in the snow like those darn Danes, or give blood for that matter. Clearly, there are people in this country who couldn’t agree more. About the snow, anyway.

Although the other one is a good life-saving habit to develop, as well. I stopped counting after donating somewhere north of six gallons.

Category: Bikes & the Law, General / Tags: , , , ,

An expert analysis of tickets and bike seizures in the Long Beach Critical Mass fiasco.

November 8, 2010 / / 13 comments

For the past few years, Long Beach has been the beautiful face of cycling in Southern California, showing the state what a bike-friendly community can be.

But these days, that face has an ugly black eye, thanks to the local police department’s heavy-handed crackdown on the city’s first “official” Critical Mass ride, despite organizer’s repeated attempts to get the city’s cooperation. And many area cyclists find themselves questioning whether any city can truly be bike friendly when the authorities seem to make up the law as they go along, and seize bikes with no apparent legal justification whatsoever.

Recently, Al Williams forwarded me an email written by Alan Wachtel, legislative liaison for the California Association of Bicycle Organizations, in response to that crackdown.

In it, he offered an expert analysis of the citations issued by the LBPD, as well the department’s authority to impound the rider’s bikes — by far, the most detailed and complete examination of the subject I’ve seen. As a result, I contacted Wachtel, and got his permission to share the email with you.

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Citations issued to the cyclists included:

  • B240497 – Running stop sign
  • 21201 – No Brakes
  • 1050020 – No Registration;
  • Riding more than two abreast (Code 1048040)
  • Turning off lights after getting pulled over
  • No horns/bells
  • Riding an unsafe vehicle

The Vehicle Code preempts all local regulation of bicycles, except as expressly authorized. The affected cyclists should hire a lawyer not only to get these bogus citations dismissed, but to sue the City for harassment.

B240497 – Running stop sign: This appears to be a citation number rather than a code violation, which should be VC 22450. Whether it’s valid depends on the violation alleged and the facts; however, nothing in the Vehicle Code requires a cyclist to put a foot down in order to make a legal stop.

21201 – No Brakes: Vehicle Code 21201 requires that “(a) No person shall operate a bicycle on a roadway unless it is equipped with a brake which will enable the operator to make one braked wheel skid on dry, level, clean pavement.” It’s arguable that backpedaling on a fixie qualifies, because the fixed gear itself can be considered the brake. In any case, it shouldn’t matter how the bike is made to skid.

1050020 – No Registration: I.e., Long Beach Municipal Code section 10.50.020, which says that “No person shall ride or propel any bicycle upon any street, alley, park or bicycle path or other public place in the city which is not registered, or for which the appropriate fee has not been paid or which does not bear a bicycle plate as required by the provisions of this chapter.” But the Vehicle Code provides that:

39002. (a) A city or county, which adopts a bicycle licensing ordinance or resolution, may provide in the ordinance or resolution that no resident shall operate any bicycle, as specified in the ordinance, on any street, road, highway, or other public property within the jurisdiction of the city or county, as the case may be, unless the bicycle is licensed in accordance with this division.

Non-residents therefore may not be cited, and the maximum fine for residents is $10 (section 39011). Moreover, the Vehicle Code no longer allows impoundment for lack of registration.

Riding more than two abreast (Code 1048040): I.e., L.B.M.C. section 10.48.040: “Persons operating bicycles upon a roadway shall not ride more than two abreast, except on paths or parts of roadways set aside for the exclusive use of bicycles.” Invalid because preempted by the Vehicle Code.

Turning off lights after getting pulled over: Vehicle Code section 21201(d)(1) requires “A lamp emitting a white light that, while the bicycle is in motion, illuminates the highway, sidewalk, or bikeway in front of the bicyclist and is visible from a distance of 300 feet in front and from the sides of the bicycle” (thus allowing for generators). There is no requirement to display a light when stopped.

No horns/bells: Seems to refer to L.B.M.C. section 10.48.080: “No person shall operate a bicycle upon a sidewalk unless it is equipped with a bell, horn or other device capable of giving a signal audible for a distance of at least one hundred feet, except that a bicycle shall not be equipped with, nor shall any person use upon a bicycle, any siren or whistle.” But this applies only on sidewalks (and if it did include the street, it would be preempted by the Vehicle Code).

Riding an unsafe vehicle: Vehicle Code section 24002 provides: “(a) It is unlawful to operate any vehicle or combination of vehicles which is in an unsafe condition, or which is not safely loaded, and which presents an immediate safety hazard.” But a bicycle is not a vehicle, and this section belongs to Division 12, “Equipment of Vehicles,” which does not apply to bicycles.

Impounding vehicles: Vehicle Code sections 22651 through 22711 set forth the authority to impound a vehicle, such as when it’s abandoned or illegally parked, or the driver is incapacitated or arrested. But I see nothing that would authorize what happened in Long Beach. Even in the case of a bicycle that was arguably unsafe for lacking brakes, Section 24004 provides that “No person shall operate any vehicle or combination of vehicles after notice by a peace officer . . . that the vehicle is in an unsafe condition or is not equipped as required by this code, except as may be necessary to return the vehicle or combination of vehicles to the residence or place of business of the owner or driver or to a garage, until the vehicle and its equipment have been made to conform with the requirements of this code.” So the cyclists should at worst have been allowed to ride home–except that this provision, too, belongs to Division 12 and doesn’t apply to bicyclists.

.………

Speaking of Long Beach, Mobility Coordinator Charlie Gandy says the city is moving in the right direction, though maybe not as fast as some people would like. The Long Beach Press Telegram provides a quiz on bike rules, along with tips for motorists and cyclists. And Bike Long Beach offers a two-part bike traffic skills course; maybe they can offer similar training for the police department.

.………

After the Vail District Attorney refuses to press felony charges against a hit-and-run driver because it could jeopardize his job — as if everyone charged with a crime doesn’t face that problem — Cyclelicious calls for a boycott of the city, and asks the organizers of the Quiznos Pro Challenge to drop the planned Vail stage of next year’s inaugural race. Works for me.

Meanwhile, People For Bikes directs your attention to a petition asking the Eagle County CO District Attorney to protect all road users, and BikePortland calls it yet another black eye for bikes in Colorado.

.………

Thanks to soon-to-be former Congressman Jim Oberstar for his support of cycling issues. Not surprisingly, conservatives are already gearing up to push for an auto-centric transportation policy; meanwhile, Richard Risemberg, writing for Orange 20 Bikes,  says fiscal conservatives should be big fans of bicycling.

.………

L.A.’s proposed cyclist anti-harassment ordinance goes before the full City Council at 10 am this Wednesday, November 10, at Downtown City Hall. As long as you’re Downtown, you can join in on the third, and hopefully final, Ed Magos Ride for Justice that takes place on Wednesday at noon.

.………

It only looks like the Give Me 3 posters are starting to come down; then again, you can always download your own poster. Despite claims, L.A.’s bike plan is surprisingly non-ambitious. The students who live in North Westwood Village face some of the worst streets in Los Angeles; thanks to Be A Green Commuter for the link. The Claremont Cyclist offers great photos from the first day of L.A.’s first Griffith Park Cyclocross — as well as a photo of a competitor’s bike that was stolen after the competition; there’s a special place in hell for bike thieves — and here’s another great shot from dudeonabike. Sometimes, it’s not hard to tell that the people responsible for placing bike racks don’t ride themselves. Robbers push a Pasadena teenager off the bike he was riding, and steal it and his cell phone; meanwhile, San Francisco bike thieves slash a cyclist who resisted their robbery attempt, but get caught a few blocks later. Critics file suit against a proposed project to widen Highway 101 through Ventura County — not because in would increase the highway from four to six lanes, but because it includes a bike lane on the ocean side.

Cyclists need dedicated pathways, not shared-use paths that don’t work for anyone; South Carolina cyclists could face a 20 mph speed limit on a popular bike path. The problem with treating bikes equally with other traffic is that traffic laws weren’t written with bikes in mind. A Facebook group says we’re people on bikes, not lifeless obstacles in your way. Do we need a special slowpoke lane on bike paths and sidewalks? Portland plans to upgrade bike boulevards to Neighborhood Greenways. A Utah mother forgives the driver who killed her 11-year old bike riding daughter. A look at the Denver premier of Race Across the Sky, a movie about the 2010 Leadville 100 mountain bike race won by Levi Leipheimer. A Tampa Bay hit-and-run victim shows that no life is unimportant.

UCI rules Alberto Contador will face disciplinary action over his failed drug test. Aussie researchers call for scrapping the country’s mandatory helmet laws. An 18-year old Aussie cyclist, a gold medalist in the Commonwealth Games, is suspended after drunk driving collision that left a friend with serious injuries. Australian police force a teenage cyclist to deflate his tires and walk home after catching him riding without a helmet. A Kiwi cyclist asks if it’s unreasonable to expect off-road riders to be considerate of other trail users — and their dogs.

Finally, No Whip does the inconceivable and discovers the seemingly impossible by riding a bike to LAX to catch a flight, and discovering a bike rack in front of Terminal 1 — and actually finds his bike safe on his return four days later.

And best wishes to Claremont Cyclist, who succumbed to the national job layoff epidemic of today; let’s all hope he gets a bigger, better job soon.

Category: Bikes & the Law, General, Guest Columns / Tags: , , , ,

Riding in the gray area of the law

October 5, 2010 / / 18 comments

I’ve long argued that its safer for cyclists to move up to the front of an intersection than stop behind a line of cars in the traffic lane.

The reason is simple.

The single greatest risk any cyclist faces on the roads is that drivers may not see you. By moving up to the front of an intersection, in front of any drivers in the right lane — in other words, the same position you would occupy in a bike box — you ensure that you can be seen by everyone on the road, no matter what direction they’re coming from.

On the other hand, if you stop in place in the traffic lane, you’re at least partially hidden from oncoming and cross traffic — and possibly completely hidden from view, depending on how far back you are or how big the vehicles ahead of you are — dramatically increasing your risk of a collision. And you run the risk that a driver coming up from behind will be focused on the car ahead of you, and fail to notice the bike right behind it.

Of course, there are those who disagree.

Some cyclists argue that it’s rude to block cars from turning right or force drivers to pass you repeatedly as they move by once, then have to pass again after you filter past on your way up to the red light.

The first is easy to address. If the car at the front of the right lane has its turn signal on or is moving to the right, simply position yourself slightly in front and to its left, leaving room for it to make a right. And don’t be surprised if the driver thanks you for that bit of courtesy before turning.

As for the second, whether or not passing becomes a problem depends on how difficult you make it.

I usually move slightly to the right once the light changes, allowing the first few cars to go by before retaking my place in the traffic lane. And I try to leave a little more room on my left when there are no parked cars next to me — and therefore, no risk of dooring — remaining at the edge of the traffic lane but leaving room for drivers to get by when it’s safe.

The other argument against filtering up to the intersection is that it’s dangerous and/or illegal to pass on the right.

The danger is easy to deal with by using a modicum of care. Simply put, don’t pass a car on the right if it could move into your path; if it’s blocked in place by the cars ahead, though, you should be safe. And never pass a moving car — or a car that has room to move into your path — on the right if it has its turn signal on or is edging towards the right; under those circumstances, you’re wiser, and legally allowed, to pass on the left.

Whether passing on the right is 100% legal may be another matter.*

I’ve always argued that you’re allowed to do it to pass slow or stopped traffic. After all, lane splitting is legal in California, and despite common misconceptions, it’s perfectly legal for drivers to pass on the right if they can do it safely, without driving off the paved or main-travelled portion of the roadway.

In other words, they can’t use the shoulder of the roadway to pass on the right. But you can.

Bikes are specifically allowed to ride in places cars are’t, like bike lanes, parking lanes or on the shoulder — which means you’re often riding in a separate lane from the motor vehicles on your left. And since you’re subject to the same rights and responsibilities as any other vehicle, that means you can legally pass on the right, just like they can under similar circumstances.

Look at it this way.

Say you were driving in the right lane of a four lane highway when the car ahead of you in the left lane stops to make a left turn. Does that mean you have to stop as well?

Of course not. Not only are you allowed to keep going, you could even move around and pass in the right lane if you were directly behind him when he stopped.

It’s just common sense. And specifically allowed under California law.

On the other hand, common sense and court verdicts can be mutually exclusive around here.

For instance, on Monday, Cyclelicious told the story of a cyclist who was riding in a San Francisco bike lane when he was doored by a passenger exiting a taxi on the right. And even though dooring is clearly illegal in California, a jury found him partly responsible for the collision because the law that allows passing on the right specifically refers to motor vehicles, with no provision for bikes.

Never mind that we have all the rights and responsibilities of any other vehicle operators.

It’s that damn common sense thing again.

Fortunately, that won’t be a problem much longer. Virtually unnoticed in the flurry of bills signed by Governor Schwarzenegger was SB1318, which removes the reference to motor vehicle in the laws covering passing on the right.

And it specifically allows cyclists to pass on the right in a designated bike lane or the shoulder of the road, legalizing what should already have been legal by any reasonable reading of the law.

Unfortunately, it doesn’t take effect until January 1st.

So until then, I’ll continue to pass stopped cars on the right, just like I always have. And ride in the gray area of the law, hoping common sense will somehow prevail.

Even in California.

………

Your new world champion is Norway’s Thor Hushovd, winner in a mass sprint to the finish; Mattie Breschel of Denmark is second with Aussie Allan Davis third. Think Italian rider Filippo Pozzato regrets going without sex for four months to focus on the Worlds after finishing a disappointing 4th?

Meanwhile, Bicycling says the Alberto Contador case raises more questions than answers; Contador says clear his name or he’ll hang up his cleats. And a fourth Spanish cyclist is suspended for doping as mountain bike world champion and Olympic bronze medal winner Margarita Fullana admits to breaking the rules. Spaniard Ezquiel Mosquera says his conscience is clear, while UCI Director Pat McQuaid says Spain needs to get its house in order, and the Spanish press says calls his words a blow to the heart.

………

With less than one week to go before L.A.’s first ciclovía, Travelin’ Local takes a look at Sunday’s upcoming CicLAvia; sounds like Will is looking forward to it. Streetsblog uncovers a film about the original in Bogotá and the organizers behind it invite you to come out and play. And Flying Pigeon suggest a cargo bike or baby carrier for the full CicLAvia experience.

………

Straight out of Suburbia says if Tea Partiers are really serious they’ll do something to get cars off welfare. Zero tolerance on distracted driving on Tuesday; about time, but will that include distracted cycling, as well? LADOT Bike Blog urges riders to attend Tuesday’s BAC meeting. A look at the day one of Krosstoberfest, followed by day two. New bike blog Examined Spoke compares L.A. to Copenhagen. How to prepare for your first century. After taking a bike tour with Long Beach mobility coordinator Charlie Gandy, a Hermosa Beach cyclist says that city could learn a lot from Gandy’s. The Orange County writer who insists that better courtesy is the solution to OC’s one-a-month rate of cycling deaths says riding a bike is as easy as, uh, riding a bike. Riverside police are accused of trashing a homeless camp, destroying their food and slashing bike tires. It’s cyclists versus senior citizens on the streets of Sacramento.

Looks like bike friendly Tucson has the same problems with bike parking — or the lack of it — that we do. Colorado cyclists fix unwanted bikes and donate them to the homeless. Teaching a cyclist to ride on the right side of the road. Sadly, the jogger injured in a collision with a bicyclist on Dallas bike and pedestrian trail has died. Texas drivers are urged to be more mindful of bikes, although that right turn rule is pretty confusing. A riding revolution hits the Motor City. A Wisconsin bike shop owner is seriously injured in a hit-from-behind collision, just five years after barely surviving a previous wreck. A Chattanooga cyclist is embarrassed to be associated with bicyclists who ride slowly in groups ad block traffic. Riding to a winery and orchard to pick apples, just one of the many pleasures of fall riding we miss here in L.A. The Baltimore Sun says Maryland’s new three-foot law simply codifies common sense and courtesy; in that state, you’re not impeding traffic if you’re riding within 15 mph of the speed limit. Grey’s Anatomy star Patrick Dempsey rides a bike to raise funds for a Maine charity. Now that’s a big heart — after a woman is killed on her bike, her family gives away over 100 bike helmets to local children.

A London writer says Britain needs to get on its bike. London’s Daily Mail suggests that a 20% decrease in significant injuries isn’t — significant, that is. An Irish cycling coach says now is the time to decide what kind of cyclist you are to get ready for next season. Copenhagen insists that you’re safer on a bike than on your sofa.

Finally, a Vancouver editorial writer calls bike lanes an “irritating act of wrongheaded righteousness” for the “whims of a supposedly progressive elite.” And from Durham Ontario, a writer who claims to love cycling says bikes should get out of the way of cars because that’s what the roads were designed for — regardless of whether the government considers bikes vehicles.

And we thought L.A. was bad.

Category: Best of, Bicycle Safety, Bikes & the Law / Tags: , , ,

Report a dangerous intersection; recycle old tubes for fun and profit

July 22, 2010 / / 4 comments

I wasn’t able to fit Thursday’s Webinar on the revised draft of the new bike plan into my schedule; if you participated in the sessions and want to share your thoughts, let me know and I’ll be happy to post it here.

………

No one knows the streets better than a bicyclist.

So chances are, in the course of your riding, you’ve noticed a dangerous intersection or two. Or twenty, maybe. Someplace where drivers frequently break the law and place other road users at risk.

Like the left turn arrows at Santa Monica and Beverly Glen, for instance, where cars often go through the intersection long after the light has changed — regardless of whether there are bikes crossing or pedestrians in the crosswalk.

Or one block north, at Beverly Glen and Eastborne Ave, where motorists routinely ignore the no U-turn sign to the detriment of everyone else on the street.

And maybe, like me, you’ve thought that all it would take to improve the situation is a little police enforcement.

So I asked LAPD bike liaison Sgt. David Krumer who we should contact at the LAPD to report the situation. Here’s his response:

West Traffic – 310-202-4545
(West LA, Pacific, Olympic, Wilshire, Hollywood)
Captain Nancy Lauer nancy.lauer@lapd.lacity.org

 
Valley Traffic – 818-644-8000
(Everything in the San Fernando Valley)
Captain William Sutton suttonw@lapd.lacity.org

 
Central Traffic – 213-972-1853
(Central, Rampart, Hollenbeck, Northeast, Newton)
Captain Ronald Marbrey marbreyr@lapd.lacity.org

 
South Traffic – 213-485-7417
(77th, Southwest, Southeast, Harbor)
Captain Kelly Mulldorfer kelly.mulldorfer@lapd.lacity.org

Sgt. Krumer suggests calling first, then sending an email to the captain in charge to follow-up.

When you call, talk to the officer who answers the phone, and say something like this:

“Good Morning, I am (NAME) and I live in (AREA).  I would like to report a dangerous intersection and request additional enforcement along (LOCATION).  The problems at that location are…”

After explaining the situation, conclude by saying “Thank you officer…what was your name again?”

Then once you hang up, email the Captain of the respective Traffic Division and write something like:

“Hello Captain (NAME),

I spoke to officer (NAME) on (DATE) and advised him of an issue at (LOCATION).  I requested additional enforcement at that location.  Please let me know if you require any additional information.

Thank you for your efforts,

(YOUR NAME)”

As always, thanks to Sgt. Krumer for his help.

………

Recycle your old tubes at the Grand Opening of the new Woodland Hills store, or the newly remodeled Santa Monica location this weekend.

I’m usually a supporter of your friendly neighborhood LBS.

That’s Local Bike Shop, for the uninitiated.

But this weekend, I’d highly recommend heading over to the Grand Openings of the newly remodeled Performance Bicycle in Santa Monica or the new location in Woodland Hills.

And take your old inner tubes with you. Because for each old tube you bring in, you’ll get a $5 credit, up to a limit of three tubes.

That’s up to $15 for the unreliable, over-patched or unrepairable tubes currently cluttering up your bike space.

This weekend, from July 23rd to July 25th, Performance (www.performancebike.com) will celebrate the grand openings of its new Woodland Hills and completely remodeled Santa Monica stores with the Bike Tube Blow-Out, a recycling program sponsored by Performance and Liberty Tire, the largest scrap tire recycler in the country. During the weekend, anyone can bring their used or blown-out inner tubes to the store and receive up to three $5 money cards for the tubes they recycle.

Liberty Tire Recycling, the nation’s largest collector of used and scrap tires, will turn the bike tubes into mulch for playgrounds, athletic fields, railroad ties and highway asphalt, among other uses. The company collects and recycles nearly one-third of all of America’s annual scrap tire material and has cleaned up more than 150 dump sites littered with nearly 40 million scrap tires—more than any other organization.

“We estimate that a major city can annually generate several tons of used rubber just from blown out bicycle inner tubes alone,” said Jim Thompson, CEO of Performance Inc. “Our aim is to make bike inner tubes a proven reusable resource for playgrounds, manufacturing and other applications.”

………

Insisting his time has come, Andy Schleck wins the last mountain stage of the Tour de France but not the yellow jersey; however, anything is possible in Saturday’s time trial, he says.

Meanwhile, the French love the Tour a lot less than they used to. Jens Voigt blows a tire while descending at 40 mph, shattering his bike — and his body — but refuses to abandon the race. Irish rider Nicolas Roche threatens to put his teammate’s head through the nearest window. More on the Kiwi TdF rider tackled by a gendarme before Wednesday’s 16th stage.

And in today’s daily doping news, Greg “Everyone dopes but me” LeMond says the evidence against Lance is overwhelming.

………

More on the slap on the back wrist given Celine Mahdavi, who ended the professional bike racing career of Louis “Birdman” Deliz in a hit-and-run. Alex Thompson says LACBC forgot to give credit to Stephen Box for $1.32 million in Measure R funds. Gary argues that the penalty for most driving crimes should be permanent revocation of driving privileges. LADOT Bike Blog reminds readers about this weekend’s Walk and Ride for a Safer 4th Street. Metro and Calstart are conducting a folding bike survey. Joe Linton says the new draft bike plan is an improvement over the last one, but still has a way to go. The rich get richer, as Long Beach cyclists will soon enjoy separated bike lanes downtown. A Santa Barbara council member calls the city’s focus on alternative transportation regressive and destructive. Ten ways to stay safe on the road. A cyclist riding cross country for charity is killed in South Dakota; the driver uses the universal get out of jail free card, insisting he just didn’t see her. Riding along with a Seattle council member, and annoying faster riders. Evidently, New York workers aren’t capable of looking both ways to avoid bikes. A Colorado Christian music festival tries to solve traffic problems by banning bikes, while a Steamboat Springs writer says promoting cycling would attract thousands of rude, disrespectful, dangerous, arrogant road and trail hogs; sounds to me like she’s describing drivers. A Kansas driver intentionally strikes a cyclist, then flees the scene. A Baltimore street goes on a road diet. After losing a $2.9 million verdict, a Connecticut water district may close its 41 miles of trails. A Maltese cyclist plans to sue over bad road design after catching a wheel in a storm grate. Even Nicosia Cyprus will have a bike share program before L.A. does. A Mumbai Muslim seminary issues a fatwa against female cyclists. A helmet and some good Samaritans save the life of a Vancouver cyclist after she falls nearly 15 feet onto some rocks, landing on her head. A truly bizarre story on the dangers of cycling, including scrotal damage and using your helmet to ward off the blows of a road raging driver.

Finally, an Oregon driver shares his attitude towards bikes on his license plate; something tells me he falls into the anti camp. Maybe it belongs to the Portland bus driver who urged city residents to kill a bicyclist after a close call, or it could be the person tried to injure cyclists by placing a tape tripwire at a popular intersection.

Category: Best of, Bicycle Safety, Bikes & the Law, General, Streets and Infrastructure / Tags: , , , , , ,

Bike cases fill the dockets — Dr. Thompson was just the beginning

January 19, 2010 / / 4 comments

As Bob Mionske noted in the Times last week, the Thompson case does not represent a sea change for cyclists.

It was just one case, with unique circumstances. Like driver who admitted trying to “teach them a lesson.” A car with a unique, memorable license plate. And at least three other cyclists who could testify to similar incidents involving the same car, and the same driver.

Not to mention a police department that took it seriously — which isn’t always the case.

Unfortunately, it’s also just the tip of the iceberg.

As cyclist/attorney DJ Wheels pointed out recently, while Thompson got 5 years for intentionally injuring two cyclists, Alejandro Hidalgo got just two years for getting drunk and killing Jesus Castillo, then fleeing the scene.

Call me crazy, but on my balance sheet, Intoxication + Death + Running Away outweighs Intent + Injury. Even if it wasn’t the first time.

And that’s just the first of at least 10 other cases involving cyclists working their way through the investigative and legal process in the L.A. area.

Like Teri Hawkins, for instance.

She reportedly ran a stop sign before striking a cyclist, knocking him 30 feet through the air. The 40-year old Simi Valley resident turned herself in to the police 4 days after the hit-and-run collision that resulted in “major injuries” to the 26-year old rider, who has not been publicly identified.

After pleading no contest to hit-and-run with injury (CVC 2001a), her request for probation was denied and she was sentenced to 16 months in state prison last week, with credit for 76 days time served. Hawkins was also ordered to pay restitution, with a hearing scheduled for Tuesday in the San Fernando courthouse.

Wheels notes that turning herself in may have been a mitigating factor in the relatively low sentence — although it should be noted that her conscience seemed to kick in after her car had been located and impounded by the police.

Wheels also provided an update on the status of some of the other cases:

The preliminary setting for Robert Sam Sanchez — the driver accused of killing Rod Armas and seriously injuring his son Christian on PCH in Malibu last June — has been continued for the third time.

Sanchez was arrested shortly after fleeing the collision, which took place near the completion of the L.A. Wheelmen’s 200-mile Grand Tour Double Century. The preliminary setting, held prior to a preliminary hearing, is now scheduled for February 11 in the Malibu Courthouse. Sanchez has pled not guilty to gross vehicular manslaughter while intoxicated (Section 191.5a of the California Penal Code) as well as driving under the influence (CVC 23152a) and failure to stop after an accident involving an injury (CVC 20001a).

Rod’s sister-in-law reported last summer that Christian was doing well physically, though making it clear that the family was struggling with his loss. And an acquaintance of Sanchez noted that he was not a bad person, despite a drunken decision to get behind the wheel that has forever changed two families.

Mark Antonio Valencia was high on drugs and alcohol when he mowed down five cyclists in Santa Clarita on the morning of July 11, killing Joseph Novotny and seriously injuring two others. Valencia, who was driving his sister’s car without a license after two prior DUI convictions — as well as multiple arrests for drug and alcohol possession, selling tear gas and obstructing officers — had already been reported to authorities before the collision; unfortunately, sheriff’s deputies couldn’t catch up to him in time.

DJ Wheels reports that Valencia is scheduled for a pretrial hearing in the San Fernando courthouse on January 22. Valencia is still being held on $1.3 million bail, charged with 13 criminal counts including murder, gross vehicular manslaughter while intoxicated, hit-and-run and several DUI charges.

In a very personal case, the driver who threatened a group of cyclists, resulting in injuries to Wheel’s new wife, will be arraigned on January 26.

On January 28, the driver accused of injuring local cycling advocate Roadblock in a hit-and-run collision is scheduled for a pretrial hearing.

A February 3 hearing has been scheduled for four men charged with attempting to rob a female cyclist by striking her in the face with a baseball bat.

Meanwhile, the investigation continues into the hit-and-run that sent community leader Ed Magos to the hospital on January 6. Despite driving off and leaving another human splayed on the pavement unable to move, the driver was not arrested when she turned herself in later; no charges have yet been filed.

No word yet on the status of Patricia Ann Izquieta, who was arrested for the hit-and-run death of Donald Murphy in Irvine last month. Or whether any charges will be filed in the death of Gustavo Ramirez in Long Beach on the 5th. It doesn’t sound likely, though, since initial police statements seemed to blame Ramirez; the Press-Telegram reports on last weekend’s ride in his honor.

And there’s still no word of an arrest in the hit-and-run death of Robert Painter, the cyclist killed while riding in a crosswalk in North Hollywood last month. Fittingly, the driver is likely to face murder charges once an arrest is made.

……..

Controversy over plans for a bikeway near JPL. Travelin’ Local maps L.A. by bike. A North County San Diego paper questions whether current criminal penalties are strong enough when cars hit bikes; a drunk cyclist unwittingly volunteers as a test case. Another rider is killed in the nation’s most deadly state for cycling; Transit Miami examines why it happened there. Austin’s planned bike boulevard hits some bumps. Anchorage holds a very frosty bike race. A Colorado town revives the legendary Morgul Bismark stage from the Red Zinger/Coors Classics. German pro Matthias Kessler suffered a serious brain injury after a cat runs in front of his bike. London residents question traffic calming and bikeway plans. Lance has won seven tours; World Champ Cadel Evans says he’s only lost five.  Bikeways to the sailing venues for the 2012 Olympics could use some improvement. Scotland awards over $1.2 million to promote cycling in Edinburgh. The UK promotes child cycling through the new Bike Club. An Indian Nobel Laureate and confirmed cyclist says cars set a bad example, while a Danish politician says bikes are the obvious solution. Finally, the Trickster did indeed say it first — Michael Vink is a rising rider to keep an eye on.

And a woman walks into a bike shop…

Category: Bikes & the Law, Legal Cases / Tags: , , , , , , , , , , , , , , , ,

Evil on trial: Perspectives on the Christopher Thompson sentencing

January 9, 2010 / / 16 comments

This is not a happy day.

Yes, the Good Doctor got the sentence he deserved, despite what countless apologists have said online today.

But the sad thing is that a man like that, who clearly has so many supporters, committed such a heinous act. And that so many of these supporters don’t get that what he did was wrong.

You see, I don’t hate Christopher Thompson. I don’t even think he’s a bad man. Not that I ever met him.

He’s just a man who did a very bad thing.

That may sound odd, considering the header at the top of this page. But when I first started writing about the Thompson trial, I wanted to grab peoples’ attention and identify any posts on the subject. What I came up with was what you see above.

I thought someone would challenge me, and ask just what I meant by that. But no one ever did. Not even the Times, which mentioned one unnamed blogger who wrote under the headline “Evil on trial.”

So I never explained that it referred to what he did, not who he was.

During the course of the trial, Dr. Christopher Thompson has been variously described as a good husband, a good friend and neighbor, and a skilled, caring physician. I have no doubt that all of those things are true.

But none of that excuses what he did to Ron Peterson and Christian Stoehr on July 4th, 2008 in Mandeville Canyon. Or what he tried to do to Patrick Watson and Josh Crosby in an earlier incident, and at least one other incident before that.

Now Peterson has permanent scars, despite plastic surgery, Stoehr has had to recover from his injuries, and the others have to live with the memory of having their lives threatened. And an otherwise good man is facing 5 well-deserved years in prison.

According to cyclist/attorney DJ Wheels, who was in the courtroom today, Thompson faced his victims and apologized for his actions, wishing them good health. He claimed that he never wanted to hurt anyone, in a statement that brought tears to the eyes of his many supporters in the courtroom.

The Times quotes Thompson as saying, ” I would like to apologize deeply, profoundly from the bottom of my heart.” He added, “If my incident shows anything it’s that confrontation leads to an escalation of hostilities.”

His father also spoke to the court in support of the Good Doctor. In what Wheels described as a very emotional statement, speaking without notes, he talked about the things his son had done for the surgical community and how he had helped a lot of people. And told how a humiliated Christopher Thompson had to move back into his father’s home in Oklahoma after the incident.

That was offset by statements from three of the cyclists involved, who talked about their injuries, how dangerous it is for cyclists in L.A., and how the punishment should fit the crime. Looking directly at Thompson, Josh Crosby said, “You were upset that we were on your street.”

Judge Scott Millington clearly got the severity of the incident, despite noting that the 270 letters he’d received from cyclists urging a stiff sentence had no bearing on his ruling.

As the Times put it:

Los Angeles County Superior Court Judge Scott T. Millington called the case a “wake-up call” to motorists and cyclists and urged local government to provide riders with more bike lanes. He said he believed that Thompson had shown a lack of remorse during the case and that the victims were particularly vulnerable while riding their bicycles.

He sentenced Thompson to the minimum 2 year sentence for each of the two counts of assault with a deadly weapon, and added three years each for both counts of battery causing serious bodily injury; however, he ordered that those sentences be served concurrently, rather than consecutively.

There were also sentences of 1-year and 90 days for the lesser charges of reckless driving and mayhem; again, he ordered that those be served concurrently with the other sentences for a total of 5 years.

He also ordered Thompson to pay restitution for the cyclists’ medical expenses, with a hearing set for next month. And he revoked the Good Doctor’s drivers license for the remainder of his life.

However, DJ Wheels says that Thompson could be eligible for parole after serving just half his sentence, with the rest served on parole — assuming Thompson doesn’t get into trouble behind bars. And don’t be surprised if state prison authorities consider the Good Doctor an ideal candidate for early release, if plans to reduce prison overcrowding in California are put into effect.

With the felony conviction, loss of his medical license should also be a foregone conclusion — though a number of people in the medical profession have warned that it may not be as clear cut as it seems.

Of course, that does nothing to address the vitriol flying across the internet today. Like this comment that followed a story on the Arizona Star website, from a woman who claimed to be a personal friend of Thompson’s:

Not only were these cyclists COMPLETELY OUT OF LINE but they were traveling five wide on a road that is less than 9 feet across. He has NEVER injured anyone in his entire life and would never intentionally hurt someone…He caused injury to people by complete accident which could have been avoided if they had OBEYED THE RULES of the road while biking. IT IS THAT SIMPLE!!!

DJ Wheels also notes one other fact that puts this case in stomach-turning perspective. Alejandro Hidalgo is scheduled to be sentenced this Monday for the drunk-driving hit-and-run death of Jesus Castillo last April.

His sentence? Two years.

Two years for getting drunk, getting behind the wheel and running down another human being, then running away and leaving a man to die alone in the street.

Meanwhile, Thompson gets five years for intentionally injuring two cyclists, yet remaining at the scene.

What’s wrong with that picture?

In addition to the Times story, you can read additional coverage of the Christopher Thompson sentencing from L.A. Streetsblog, VeloNews, Huffington Post, KNBC Channel 4 and KABC Channel 7.

Category: Best of, Bikes & the Law, Dr. Christopher Thompson, Legal Cases / Tags: , , , ,
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