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

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.

Road raging driver mows down cyclist in Palos Verdes

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.

Designed to kill — LA throws out Complete Streets to plan high-speed Hyperion Bridge complex

Call it a big step backward for livability — and survivability — on LA streets.

Despite a state Complete Streets policy to accommodate all road users, plans to rehabilitate the Hyperion-Glendale bridge complex currently calls for a high-speed viaduct focused strictly on moving motor vehicles as quickly as possible, at the expense of all other road users.

Bike lanes included in the current bike plan have been left out. As have safely usable sidewalks. And apparently common sense, as the plans reflect a big step backward to the failed policies of the past, similar to the killer roadways currently found in Orange County and San Diego.

Not exactly what you’d expect from our new progressive mayor, who seemed to get it when completing a questionnaire for the LACBC prior to this year’s election. Or new bike-friendly City Councilmember Mitch O’Farrell, who replaced Garcetti in CD13.

On the other hand, it’s exactly what we might expect from Councilmember Tom LaBonge, who professes his support for bicycling while opposing bike lanes on Lankershim Blvd, and was the driving force behind the removal of the green bike lane on Spring Street in Downtown LA.

With friends like that, we don’t need enemies.

I’ll let the latest Action Alert from the LACBC take it from here.

The LA Bureau of Engineering (BOE) and Caltrans are currently studying rehabilitating the Hyperion-Glendale complex of bridges over the 5 Freeway and LA River connecting Silver Lake to Atwater Village. Despite being designated for bike lanes in the 2010 Bicycle Plan, the proposed project does not include these planned lanes. Why? LACBC and LA Walks (and many of you) attended a community workshop last night to find out.

What we discovered is plain old car-centric engineering from start to finish. Caltrans and BOE are designing Hyperion Ave. to freeway standards with a design speed of 55 miles per hour. Based on that design speed, they are pursuing a median crash barrier, banked turns, and supersized car lanes. Those decisions leave no room for bike lanes and just a narrow sidewalk on only one side of the street.  Simply designing the street to normal city street standards would leave enough room for everyone.

Your voice is needed to make Hyperion Ave. safe for all. Tell Caltrans and BOE that freeway speeds have no place on city streets and that walking and biking are just as important as moving traffic. Comments can be emailed to Tami Podesta by October 11th at Tami.Podesta@dot.ca.gov. Please cc: tom.labonge@lacity.org, councilmember.ofarrell@lacity.org, and mayor.garcetti@lacity.org.

To: Tami.Podesta@dot.ca.gov
cc: tom.labonge@lacity.org, councilmember.ofarrell@lacity.org, mayor.garcetti@lacity.org
bcc: info@la-bike.org

Subject: No Hyperion Freeway – Build a Safe Viaduct for All

As someone who bikes or walks between Silver Lake and Atwater Village, it is absolutely critical that Hyperion Ave. be made safe for people like me. Everyone’s needs can be met if the project is designed for appropriate speeds through an urban community. Specifically, I would like the project to include:

  • Bike lanes on Hyperion Ave.
  • Wider sidewalks and well-marked crosswalks with wayfinding signs
  • Narrower traffic lanes to provide more space for bicyclists and pedestrians and discourage speeding
  • No crash barrier and banked turns that will make people drive even faster
  • A complete crosswalk on the Atwater end of the viaduct to let people access the sidewalk from both sides of Glendale Blvd. and give bicyclists an alternative through the dangerous merge

There is no reason for this project to not be consistent with the bike plan and Caltrans complete streets policy. The viaduct is currently the greatest barrier to safe bicycle access across the 5 Freeway and the LA River. This project can change that and make all travelers benefit.

Sincerely,

your name
your address

………

A new petition calls on Caltrans to stop chip sealing popular cycling routes, following the disastrous resurfacing of Angeles Crest Highway and Mt. Baldy Road.

The surfacing treatment, which combines a layer of asphalt over gravel or other aggregate material, results in a rough roadway that is, at best, unpleasant to ride. And at worst can create dangerous conditions that make it difficult to maintain control of a bike.

Considering the outcry from bike riders when Caltrans chip sealed PCH north of Cambria earlier this year, it’s nearly incomprehensible that they would use the same technique on some of Southern California’s most popular riding routes.

Which begs the question — is Caltrans merely incompetent and tone-deaf to the needs of cyclists, or is the agency actively trying to discourage riding on these roadways?

………

Santa Monica sends a shot over the bow of LA’s long-delayed Bike Nation bike share program, as they vote to move forward with their own plan, in what the city hopes will grow to be a regional program developed in conjunction with Metro.

……..

Times readers weigh in on the new three-foot law, as the writer gently corrects a negative commenter. West LA’s Martin Cadillac could become a bike-friendly mixed-use housing, office and retail development; an apparently less bike-friendly car dealer in DTLA says he’s not trying to kill the MyFigueroa project. The aforementioned CMs LaBonge and O’Farrell belatedly celebrate the city’s first Bicycle Friendly Street. Celebrate the new and improved Colorado Boulevard this Sunday. Malibu gets a $900,000 Caltrans grant to improve the existing bike route on PCH through the west side of town. Boyonabike looks at how Monrovia could become more bike friendly in advance of the coming Gold Line station. Old Pasadena gets bike racks.

The Orange County Register finally drops its draconian paywall, but only to complain about Long Beach bike riders. Homebuyers along OC’s new Great Park will get a new bright orange bike. A San Diego driver says he’s going to keep crossing over the centerline to pass bike riders safely, regardless of whether permission to do that was removed from the new three-foot passing law; thank you. Somehow, Modesto police don’t know which way a bus was travelling, but know a cyclist rode in front of it. A 17-year old Redding-area driver is under arrest for the hit-and-run death of a 61-year old bike rider. A 19-year old man is under arrest for the hit-and-run death of a Chico cyclist, as well as possession of marijuana for sale — the day he was supposed to get off probation for a previous drug conviction.

Forbes says bicycling is badly in need of good PR, as London’s formerly bike-friendly Daily Telegraph cries out against the false god of cycling. Forbes also presents 10 cities where bicycles rule the streets; I think riders in many of those cities might disagree. Are America’s planners making Americans fat? A good looking new video from Adventure Cycling highlight’s the US Bicycle Route System — and inadvertently, bicycling’s white problem. While LA’s city leaders are busy ripping them out, Las Vegas installs new green bike lanes downtown. Nevada cyclists can now run red lights that fail to detect their presence. Instead of telling cyclists where not to park, why not install enough bike racks for everyone? A second person has been arrested in the death of two New Hampshire cyclists last weekend; the suspect allegedly provided drugs and a car to the unlicensed driver who killed them. Bikeyface says you too could ride to work on a cloud, even if you’re not athletic. New York’s Daily News rides a bike share bike with the city’s Republican candidate for mayor. A New York cabbie is really sorry and has trouble sleeping after he severed the leg of a British tourist following a dispute with a bicyclist; imagine how his victim must feel. Arlington VA cyclists get a new bike repair vending machine. Georgia considers a slate of anti-bike legislation.

A cyclist is critical of Vancouver’s GranFondo after suffering life-changing injuries when he hit a storm grate. A UK cyclist is dead because a race track failed to let drivers know there was a bike path on their property. A Brit couple time their wedding photos to include the Tour of Britain. British bike scribe Carlton Reid attempts to defend bike riding before a hostile TV audience. The successful Paris Velib bike share system may shrink because people won’t stop stealing their bikes. Bike racing’s governing body could have a new president Friday. Garmin-Sharp rider Peter Stetina prepares to compete at the world championships, despite his father’s recent near-fatal fall and flooding at the family’s Boulder CO home.

Finally, when you call the police to report a 5’9″, 90-pound man broke into your trailer, knocked you over the head and stole your bike, maybe you shouldn’t mention he stole your meth, too.

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

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.

Nothing to see here — find today’s post on Streetsblog, instead

Sorry for the late update.

I’ve spent my day filling in for Damien Newton on Streetsblog once again. And writing a detailed report on last night’s meeting to discuss the Northvale section of the planned Expo Line bike path extension through Cheviot Hills in West LA.

You can see my story here.

Bottom line, there are a lot of questions still to be answered before we can offer any serious reaction to the plans, which haven’t been developed yet.

Last night’s meeting was to gather input and ensure everyone had their say before city engineers begin the hard work of designing a bike path some don’t want behind their homes. And others just don’t want, period.

The city will come back with a proposal for the bike path in January.

And we’ll probably see a lot more fireworks then.

For once, California cyclists don’t get Jerry Browned. And finally get a three-foot passing law.

Yes, we won.

But just what did we win?

Monday afternoon, Governor Jerry Brown announced that he’d signed AB 1371, the Three Feet for Safety Act, after vetoing similar three-foot passing laws in each of the last two years.

So we should be happy, right?

Yes.

Sort of.

For the first time, California drivers will have a clearly defined passing distance, rather than the current requirement that they pass at a safe distance without interfering with the safe operation of the bicycle being overtaken. Which in the real world, too often passes for anything that doesn’t actually result in contact with the rider.

No, really.

More than once I’ve caught up with a driver who buzzed me at a dangerously close distance. And the response has been a sarcastic “Well, I didn’t hit you, did I?”

Well, no.

Just scared the crap out of me, taking all my self-control not to overreact and swerve into the passing car or some other object. Not to mention risking getting sucked into the side of a larger vehicle by its slipstream.

Sort of like the school bus that passed me at speed at less than an arm’s length distance on San Vicente Monday afternoon. Or maybe this pass by a Big Blue Bus that barely did.

Pass, that is.

And I’m still waiting for someone, anyone, at the Santa Monica bus company to give enough of a damn to call me back.

Now drivers will know anything less than three feet is too damn close.

Though some would question that.

Some lawmakers who opposed the bill, such as Senate Minority Leader Bob Huff, R-Diamond Bar, said it would be difficult to estimate a 3-foot distance while driving, especially when cyclists also might be swerving to avoid road hazards.

That’s kind of the point, though. We need that three feet of space so we can swerve to avoid road hazards without plowing into the vehicle next to us.

Anyone convicted of violating the law will face a $35 base fine, plus fees that will take it up to $233, or a $220 base fine if a collision resulting in injuries to the rider occurs.

The problem is, unless a driver actually does make contact with a cyclist, the law is virtually unenforceable.

The bill includes a provision allowing drivers to pass at less than three-feet if they slow down and pass only when it won’t endanger a cyclist’s safety.

In other words, the same sort of vague, virtually unenforceable standard we have now.

Still, it’s worth celebrating simply because we’ve joined the other 22 states and the District of Columbia with a clearly defined standard. And unlike last year’s bill, this one applies whether you’re in the same lane as the vehicle passing you or in a separate bike lane or parking lane.

Which should help stop those drivers who buzz you with two wheels on, or in, the bike lane while you’re riding in it.

Key word being should.

So let’s give credit to former LA Mayor Antonio Villaraigosa for pushing for a third attempt to pass this bill. And Gardena Assemblymember Steven Bradford for shepherding this law through the legislature, even if it was severely watered down from the brilliantly written bill he originally proposed.

Including removal of the much-needed provision allowing drivers to briefly cross the center line in order to safely pass cyclists with a minimum three-foot distance. In other words, legalizing exactly what many drivers already do, despite the fears our governor expressed in vetoing last year’s bill.

Like Glendale’s Mike Gatto, who took on the successful fight to extend the statute of limitations in hit-and-run cases, Bradford has shown himself as a skilled legislator willing to go to the mat for bicyclists. Both deserve our support, and will be worth watching — and working with — as we go forward.

We should also thank the strange mix of supporters who backed the bill, from Calbike and CABO, to traditionally bike-unfriendly AAA, which helped kill the last two bills.

And we owe a begrudging round of thanks to Jerry Brown for not going down in history as the only governor to strike out when it comes to bike safety legislation; it’s enough that he’ll be remembered by bike riders for being the only governor, besides Rick Perry of Texas, to veto a three-foot passing law once, let alone twice.

As the bill’s author put it,

“I sincerely thank the Governor for signing this commonsense measure to protect cyclists on our roads,” Bradford said. “When cars and bikes collide, it often turns to tragedy. This bill is a great reminder that we all have to work together to keep our roads safe for all users.”

Which begs the question, do we now stop referring to dangerously close passes as being Jerry Browned? Or is a single signature not enough to overcome the harm he’s already done?

The law takes effect a year from now, on September 16, 2014.

Which means things should start to get a little better then. If we can all survive that long.

And once Brown leaves office, we can work on strengthening the law and giving it some real teeth.