Tag Archive for DUI

Weekend Links: Killer drunk driver cops a plea, PVE gets a little bike-friendlier, and your road share is pocket change

July 9, 2016 / / 6 comments

That was fast.

Just eleven weeks after Tomas Brewer was killed by a drunk driver, the man who killed him has pled no contest to vehicular manslaughter.

Twenty-three-year old Cruz Tzoc was driving at an estimated 60 mph on Burlington Ave in LA’s Rampart District on April 23rd when he struck a parked car and spun around, sliding into Brewer as he rode on Temple Street, before slamming into a tree.

Tzoc was arrested at the scene with an alcohol level over two times the legal limit. A police sergeant had spotted Tzoc’s speeding car prior to the crash, but was unable to stop him before it was too late.

He had faced up to ten years in state prison, but was sentenced to just six years after pleading to gross vehicular manslaughter while intoxicated.

He’s likely to get out in half that time.

But his decision to get behind the wheel after drinking ended the life of a budding screenwriter, and sentenced Brewer’s loved ones to a lifetime without him.

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Formerly bike-unfriendly Palos Verdes Estates continues its surprising turnaround, as the city’s Traffic Safety Committee voted to replace the hated signs reading “Bike Laws Strictly Enforced” with “Bicycles May Use Full Lane” and signs promoting the three-foot passing law.

Cycling in the South Bay’s Seth Davidson describes the meeting in his own inimitable style.

Meanwhile, a Tustin councilmember explains four reasons why bicycles may use the full lane. But forgets the primary reason — bike riders are allowed to take the lane anytime the lane itself is too narrow to be safely shared with a motor vehicle.

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Today’s common theme is bikeshare, in LA and elsewhere.

Downtown News explains everything you need to know about LA’s new bikeshare program, while CiclaValley crashes the launch party. And the LACBC, which was instrumental in bringing bikeshare to LA, celebrates with photos.

San Diego’s bikeshare system is struggling, as the city’s transit officials refuse to cooperate.

Palo Alto plans to replace its failing bikeshare system with a new smart bike program. But it will still likely fail if they don’t install more than five docking stations.

And Portland informs bike owners that those handy little docks at convenient locations around town are not bike racks.

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Drivers often argue that cyclists don’t pay for the roads, but if road users were charged for the damage they actually cause, we could pay our share with pocket change.

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London Bridge is falling down, and so is the inflatable arch cyclists are supposed to ride under, not into, at the Tour de France.

Belgian race leader Greg Van Avermaet holds a nearly six minute lead in the race, but will probably fall back in the standings when they reach the mountain stages. British riders dominated the first week of the Tour, while Mark Cavendish says Africa will produce a TdF contender in ten years.

Specialized says you don’t know Jacques about the Tour de France. Thanks to Mike Wilkinson for the heads-up.

Bicycling takes a look at how the race takes a toll on even the fittest riders.

And the peloton came up clean in the Tour’s first unannounced thermal imaging scan for hidden motors; former Lance whistleblower Frankie Andreu says cycling has come a long way, but the sport may never be fully clean.

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Local

Marina del Rey’s stinky Oxford Basin gets a much needed makeover, including a new bikeway connecting to the beachfront Marvin Braude Bike Trail.

CiclaValley looks at the movement to fix LA’s crumbling Forest Lawn Drive, which we mentioned here — and misspelled as Forrest Lawn — the other day.

A moving company wants tips on how to avoid LA traffic. Everyone who says “use a bicycle” please raise your hand.

 

State

Huntington Beach police are asking for the public’s help to identify a bike and barbeque thief.

As expected, the parents of a 12-year old Oceanside boy killed while riding his bicycle to school last October have filed suit against the driver, as well as two businesses alleged to have contributed to the crash; a lawsuit is expected against the city, as well.

Sixty-six cyclists from the University of Texas rode across the Golden Gate Bridge on their way to Anchorage AK to raise funds for the fight against cancer.

San Francisco’s new bicycling state Assembly member keeps a bike at home by the Bay, and another in Sacramento.

 

National

Not surprisingly, the US is falling behind other countries when it comes to traffic safety.

Bicycling says you’ve been pumping your tires all wrong. Wait. You mean I have to take that little cap off first?

Vogue lists five surprising ways bicycling is good for your mind and body.

A Portland bike rider is suing after being clotheslined by a Comcast cable that was strung over a roadway.

Hats off to my alma mater, which became the nation’s first high school to be honored as a Bike-Friendly Business.

That former Illinois congressman who tweeted what sounded like a threat to the president and the Black Lives Matter movement after the Dallas shootings is one of us; he successfully campaigned for his only term in office by riding his bicycle.

In a widely watched case, a Michigan driver faces up to 15 years in prison after pleading guilty to fleeing the scene after plowing into a cyclist on an organized group ride.

A bike-riding writer for the Columbus Dispatch offers a well-reasoned analysis of the SUV driver in last week’s Doo Dah Parade who, in effect, threatened to kill cyclists unless they obey the law; he says what concerns him most is the public’s lack of concern.

A Massachusetts boy was impaled with a branch after veering off a trail and slamming into a tree; fortunately, he appeared to be in stable condition at a local hospital.

Bicycling under the influence is legal in Massachusetts, though not always the best idea. I know some may argue, but I’d still much rather see a drunk on a bike than behind the wheel. Although the best choice is neither.

New York police find the murder weapon used to intentionally run down a bike rider.

 

International

A Toronto paper offers advice on how to get over your fears and bike to work.

A Canadian Steely Dan fan nearly missed their Detroit show after paying the toll, then illegally riding through a tunnel across the border; US custom agents were amused, but searched and detained him for two hours anyway.

A mentally ill driver who fatally stabbed a popular British bike advocate following a minor traffic collision has been sentenced to ten years to life in a medium security mental hospital.

Friends and family remember a 75-year old London time-trialing legend who passed away following a May bicycling collision.

Caught on video: A jerk cyclist clips a London bike rider with a far too-close pass, nearly sending him under the wheels of a large truck. Pass another rider at the same distance you’d expect from a motor vehicle, or at arms-length at the very least; if that’s not possible, slow down and announce your presence before passing. Or you could just wait until it is safe.

An Irish business executive pleaded guilty to knocking a cyclist off his bike, then beating and strangling him, for the heinous crime of riding on the sidewalk.

Hiding under your jacket after stealing a pair of bikes will not make you invisible to Chinese police.

 

Finally…

Suddenly, your bike shorts are fashionable — assuming you’re a woman; guys, not so much. Why walk on water when you can pedal?

And you can thank a mountain pine beetle for your next wall-mounted bike rack.

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As an added bonus to get your weekend started off right, David Wolfberg forwards the latest video from Colombian superstars Shakira and Carlos Vives, for their new song La Bicicleta (Or The Bicycle, for the Spanish-challenged, like me).

Category: Advocacy & Politics, Bicycle Safety, Bikes & the Law, Bikeshare, Car vs Bike, Legal Cases, Morning Links / Tags: , , , , , ,

Morning Links: Justice at last for OC’s Michael Bastien, and the bike world strips for the World Naked Bike Ride

June 13, 2016 / / 2 comments

It’s taken two years, but there’s finally been justice for Michael Bastien.

And with far more jail time than initial reports would have suggested.

This comes from our anonymous Orange County correspondent —

On a sunny Labor Day afternoon, Michael Bastien and his son Matt were riding their bikes down Bolsa Chica when they were hit from behind by a drunk driver. Michael was killed; his son survived.

On Friday, June 3rd, Michael John Perez accepted a plea deal and was sentenced to 10 years in state prison for felony vehicular manslaughter. He’ll be out in half that, of course. His ass is currently in County awaiting transfer to Wasco.

Michael Bastien’s brother is still calling the collision that resulted in his brother’s death a “DUI accident,” which is pretty damn big-hearted of him, because I consider “repeat drunk driving” and “vehicular manslaughter” to be crimes, not accidents, and I am incredibly disturbed at the idea that the collision (whose aftermath I passed on my daily commute) was in any way unavoidable and free of blame.

Once again, the Orange County DA’s office has gotten a conviction in a traffic case resulting in serious jail time. While other local district attorneys don’t even care enough to try.

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Hundreds of people turned out for the LA edition of the World Naked Bike Ride Sunday; a surprising number chose to bare all on a cloudy morning. (Both links NSFW).

Riders also turned out in force for the Toronto and London editions.

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Michigan lawmakers respond to the Kalamazoo bike crash tragedy by introducing a bill that would impose up to 15 years in jail for causing serious injury or death with a motor vehicle.

Nice gesture from Lance Armstrong, who will join members of the victims’ cycling club to finish the ride they started before the crash.

Meanwhile, the judge ordered the killer held without bond on Friday.

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Former German world champ Rudi Altig has died of cancer at age 79; Altig once spent 18 days in the leader’s yellow jersey in the Tour de France.

Peter Sagan set a new record by winning his 12th stage of the Tour of Switzerland.

The New York Times looks at efforts to hold bike racing motor doping at bay.

An Aussie website talks with veteran cycling announcer Phil Ligget.

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Local

A 10-year old girl was the victim of a drive-by shooting in Boyle Heights, as someone fired multiple shots at a bike rider in an apparent gang attack, and hitting her in the head instead; at last report she was in critical condition.

Good looks at LA’s Great Streets Initiative, saying the city is reinventing itself one street at a time.

A writer for the LA Times goes for an illuminating LA Noir Ride with the Los Angeles Explorers Club.

Richard Risemberg says don’t be a blockhead, put some sunscreen on any uncovered skin when you ride. You won’t get any argument from me; I’ve already had cancers carved out of my nose and calf as a result of riding unprotected in my youth.

Around 300 people turned out for the Rod Bennett Memorial Bike Ride in Santa Clarita on Saturday; Bennett was killed in a hit-and-run while riding on Placerita Canyon last month.

 

State

A Santa Barbara newspaper says the new sharrows being installed in the city may be useless. Sort of like most sharrows, in other words.

A new mural remembers a Salinas man who was killed in a hit-and-run two years ago; his killer was never found.

Sad news from Campbell, as a bike rider was killed in a collision Sunday afternoon.

 

National

The Federal Bureau of Land Management has created a map of the nation’s 20 top mountain bike destinations, only one of which is in California.

NASCAR drivers Jimmie Johnson, Josh Wise and Landon Cassill are each one of us, as they take a 71-mile bike ride with their crew members through Michigan’s Irish Hills.

In another case of bighearted cops, when DC police officers were unable to fix a 12-year old boy’s bicycle, they pitched in to buy him a new one.

 

International

Bicycling under the influence may not be illegal in Canada, but it’s not recommended. But it is illegal in California, with a fine up to $250, but no points against your driver’s license.

A bike commuter writing in the Guardian says too many drivers forget we’re all human; motorists will survive being delayed a few seconds by a bike rider, but the rider may not survive their anger. Case in point: A bicyclist in the UK suffered a serious eye injury when someone threw an egg at him from a passing car.

A Scottish rider visits Copenhagen, and says cycling utopia really does exist.

In a new study from the University of Duh, British researchers discover that kids who bike as children are more likely to ride as teenagers.

An eight-year old Kenyon boy breaks down in tears when he’s given a new mountain bike for finishing at the head of his elementary school class.

 

Finally…

Having a bike stolen sucks — especially if you haven’t even gotten it out of the box yet. If you’re not happy with a bike shop’s prices, don’t run off with their tip jar.

And forget bike Nazis; we’re now a “cycling Taliban” forcing unwanted changes on poor, oppressed drivers.

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Come back later this morning, when we’ll have a heartbreaking guest post from the daughter of one of the victims in the Moorpark distracted driving crash that left two people dead; the Ventura County DA has inexplicably filed the charges as misdemeanors, against the wishes of the CHP and any form of common decency.

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Thanks to an anonymous donor for her generous donation to support this site.

 

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

Update: Echo Park bicycling fatality confirmed; 22-year old DUI driver book for murder

April 25, 2016 / / 10 comments

This is not the news we wanted.

After reaching out to the LAPD, Detective Felix Padilla confirmed that a 27-year old man was killed while riding his bike on Temple Street at Burlington Avenue Saturday evening.

According to the press release prepared by Det. Padilla, a sergeant with the Rampart Division observed a driver traveling at an estimated 60 mph while headed north on Burlington Avenue at around 6:15 pm.

However, before the officer could catch up to him, he heard the driver, identified as 22-year old LA resident Cruz Tzoc, lose control and smash into a parked car before proceeding into the intersection, where he slammed into a man riding his bicycle east on Temple.

The victim, who has not been identified pending notification of next of kin, was pronounced dead at the scene.

Tzoc was found to be over twice the legal alcohol limit, and was booked at the Metropolitan Detention Center on a charge of murder.

Anyone with information is urged to contact the LAPD Central Traffic Division Detectives at 213/833-3713, Detective Felix Padilla at 213/833-3713 or the Central Traffic Division Watch Commander at 213/833-3746. Tips can be made anonymously by calling Crime Stoppers at 1-800-222/8477, or texting to 274637, beginning the message with “LAPD.”

This is the 34th bicycling fatality in Southern California this year, and the 10th in Los Angeles County; it’s also the second in the City of Los Angeles since the start of the year.

Update: The Los Angeles District Attorney’s office has identified the victim as 26-year old Tomas Brewer, no city of residence given.

His death was collateral damage when Tzoc collided with the parked car and went through the intersection backwards, dragging Brewer 25 feet to his death  before striking a tree.

Tzoc has been charged with a single felony count of gross vehicular manslaughter while intoxicated, and was expected to be arraigned on April 26 in Department 30 of the Foltz Criminal Justice Center, case #BA446088; prosecutors are asking for $130,000 bail.

He faces up to 10 well-deserved years in prison upon conviction.

Let’s hope the DA’s office doesn’t bargain this one away.

Update 2: This is the damage traffic crimes do, as the pain of Brewer’s death reverberates in his hometown of Gloucester, MA. The budding screenwriter had moved to LA in 2013 after graduating college to get into the business.

My deepest sympathy and prayers for Tomas Brewer and his loved ones.

Category: Bicycle Safety, Injuries and Fatalities, Update / Tags: , , , , , , , ,

100-plus mph, underage drunk driver gets four years for 2014 death of bicyclist Haytham Gamal

March 5, 2016 / / Comments Off on 100-plus mph, underage drunk driver gets four years for 2014 death of bicyclist Haytham Gamal

Four years.

Four years behind bars for driving at speeds over 100 mph in a 35 mph zone, with a blood alcohol level nearly twice the legal limit.

And taking the life of an innocent man as he rode his bike home from work on Pacific Coast Highway in Dana Point, after losing control on a slight curve and skidding 200 feet before striking the victim from behind. Then dragging him another 500 feet before flipping over after hitting the curb.

Needless to say, the victim, 39-year-old Haitham Gamal, was pronounced dead at the scene.

All because he had the misfortune of sharing the road with then 19-year old Dominic Devin Carratt that tragic April night in 2014.

Carratt pleaded guilty last month to A) one count of felony vehicular manslaughter with gross negligence while intoxicated, B) one count of felony driving under the influence of alcohol causing bodily injury, and C) one count of felony driving with a blood alcohol of .08 percent or more causing bodily injury, along with a sentencing enhancement for great bodily injury.

Yet even though the victim’s wife implored the court to give him the maximum 10-year sentence, the judge showed leniency, deserved or not.

I’m told he imposed a sentence of four years in state prison for the first count, another two years for the second count, to be served concurrently, and stayed an additional two years for the third count.

Carratt will also be required to pay restitution in an amount to be determined at a later date, and his driver’s license will be suspended for three years after his release.

Though why he would ever be allowed to drive again is beyond me.

A woman in the courtroom for the sentencing noted that Carratt’s mother gave him a long, tearful embrace as he walked to the front of the courtroom.

It may be a long time before she gets another chance.

Thanks to Edward M. Rubinstein for the heads-up. 

Dominic Carratt sentence

 

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

Morning Links: Glendale bike rider attacked by SUV driver, and guilty plea in 100 mph Orange County DUI case

February 10, 2016 / / Comments Off on Morning Links: Glendale bike rider attacked by SUV driver, and guilty plea in 100 mph Orange County DUI case

It’s happened again.

A woman riding her bike in Glendale is the latest bike rider to be the victim of an apparent intentional assault by the road raging driver of a motor vehicle.

The 29-year old woman, who hasn’t been publicly identified, was riding on San Fernando Road near Magnolia Ave around 4:40 pm last Friday when the driver of an SUV allegedly pulled up next to her and swerved into her bike, striking her ankle.

After the victim yelled that she’d been hit, the driver yelled something back and swerved into her again, nearly crushing the rider between the SUV and a parked car after she turned her bike to avoid getting hit.

Police arrested 53-year old Glendale resident Nazik Ghazarian on suspicion of assault with a deadly weapon; she was taken into custody after another driver blocked her car while bystanders called police.

Meanwhile her legally blind husband, who was riding with her in the SUV, told police Ghazarian did nothing to “agitate” the cyclist.

The victim reported pain in her ankle, but declined treatment at the scene.

After all, who would get agitated over a little thing like multiple counts of assault with a deadly weapon?

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The OC Register reports 20-year old Dominic Devin Carratt faces up to 10 years in prison after pleading guilty to the DUI death of cyclist Haitham Gamal as the victim was riding home from work in April, 2014.

In a horrifying detail that wasn’t reported at the time, Carratt was going over 100 mph when he slammed into Gamal’s bike; he had a BAC nearly twice the legal limit, despite being just 19-years old at the time of the wreck.

According to the paper, he pled to a long list of charges.

Carratt pleaded guilty to vehicular manslaughter with gross negligence while intoxicated, driving under the influence of alcohol causing bodily injury, driving with a blood-alcohol level above the legal limit causing bodily injury and he admitted a sentencing enhancement for causing great bodily injury.

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Pro cycling’s governing body considers testing team bikes before each race to prevent motor doping. They should also stop the practice of allowing riders to switch bikes mid-race, which is the easiest way to get, and hide, a tampered bike.

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Local

The LA City Council Transportation Committee will consider a motion directing LADOT to report on the implementation of the bicycle infrastructure in the City at this afternoon’s meeting. Based on recent progress, that could be a very short report.

Several dozen protesters associated with T.R.U.S.T. South Los Angeles gathered on Central Ave to fight a proposal from Councilmember Curren Price to remove the street from the Mobility Plan. Someone should tell Price not to judge a bikeway by what he’d be comfortable using; not everyone is looking for a quiet place to ride with their grandkids.

The maker of Lucky Brand jeans offers their own private bikeshare system for employees of their offices in DTLA.

High-end British bikewear maker Rapha pops up on Abbot Kinney for the next two months.

Caltrans presents alternatives to replace the Trancas Creek bridge on PCH in the ‘Bu; both versions include a wider shoulder to make room for bikes and pedestrians.

A Pasadena bike rider is in serious condition after he was hit head-on by a driver who veered onto the wrong side of the road.

Temple City will select a final design for Las Tunas Road at the city council meeting on Thursday; make your voice heard to ensure they choose the safest option for cyclists and pedestrians.

 

State

A group of Olympic cyclists and hopefuls, including the great Kristin Armstrong, urged middle school students in El Cajon to believe in themselves. And have fun.

A Berkeley OpEd says the city needs to work to provide greater safety for bicyclists.

More bad news from Sacramento, as a second bike rider has been killed in a collision this week.

 

National

A Portland study says a good bikeway network helps riders avoid dirty air.

Las Vegas’ coming bikeshare system will be just part of a new transportation innovation district in the downtown area.

Wyoming considers creating a committee to study a network of bike and pedestrian paths crossing the state. Having crisscrossed the state many times, safe bikeways through the mountains and prairies of the state would be absolutely amazing; you haven’t lived until you’ve ridden with a herd of wild antelope running alongside you.

The Kentucky state senate approves a three-foot passing bill, including a provision allowing drivers to cross the center line to pass cyclists, even in no passing zones, similar to the one vetoed by Governor Brown a few years ago.

Residents of Hoboken would rather double park than make room for bike lanes.

Jimmy Fallen is one of us, as he cruises sans skid lid through the Hamptons on a $6,000 fat bike.

A Savannah GA writer credits recent bike lanes with the city’s jump in bike commuting rates, but fears they’ve reached peak bike with no more bikeways on the agenda.

 

International

Road.cc offers a roundup of a number of new bikes from top makers, including a Look time trial bike that would be perfect for your morning commute.

If you build it, they will come. A Toronto study shows bicycling is up 300% on one street since a separated bike lane was installed; 38% of those riders didn’t use the street before the bike lane was built.

An exceptionally compassionate Canadian family urges the court to sentence a hit-and-run driver to probation instead of jail for the death of a bike rider.

A candidate for mayor of London says bicycling in the city is quite safe, even though he won’t let his own teenage daughters do it.

Social media blows up when an English rail station operator suggests a traveler and his family should just leave their bikes at home.

Britain’s leading bike retailer is accused of sexism for saying a men’s bike is great for riding on pavement or trails, while the women’s version is good for visiting Auntie Doris.

A South African cyclist is visiting all 19 of the country’s national parks, riding over 3,700 miles in 80 days to raise funds for orphaned rhinos. Meanwhile, a Durban DJ learns the hard way not to make fun of fallen cyclists on Facebook.

A 24-year old Chinese man who once walked across the US is planning to bike from San Francisco to China on a pilgrimage to “explore the ecological and spiritual awakening in the 21st century and the cultural landscape and the political economy of the global village, through the lens of China’s interconnectedness with the world.” Oh, well if that’s all.

 

Finally…

Bashing people and cars is not the correct use for a cable bike lock; then again, neither is locking your bike with one for more than a few minutes. Seriously, don’t stab someone if you think he stole your bike; at least that’s better than how they treat bike thieves in Bali, though.

And British police appear to be looking for a maniacal bike-borne pedestrian pusher with multiple personalities.

 

Category: Bicycle Safety, Bikes & the Law, Car vs Bike, Injuries and Fatalities, Legal Cases, Road Rage / Tags: , , , , , , , , ,

Woman killed by drunk driver while walking bike across Sepulveda Blvd in Manhattan Beach

February 6, 2016 / / 12 comments

There’s something seriously wrong when a woman can’t even walk her bike across a street without getting killed by an underage drunk driver.

That’s exactly what happened in Manhattan Beach last night, according to the Daily Breeze.

Thirty-one year old Manhattan Beach resident Amory Borgens was crossing on the 400 block of S. Sepulveda Blvd about 12:20 this morning when she was hit by a speeding car. She was taken to a nearby hospital, where she died.

The 20-year old driver remained at the scene, and was arrested on suspicion of drunk driving and vehicular manslaughter.

However, it’s unclear exactly where the collision occurred, since the story places it near Tennyson Street, which would be the 600 block of South Sepulveda.

A satellite view shows no crosswalks in a four block stretch of the busy six-lane street between Artesia Blvd and Longfellow Drive. Regardless, a crosswalk is presumed to exist at every intersection not marked by a No Crossing sign, whether or not one has been painted on the street.

Intentionally or not, the article, which was written by the City News Service, indulges in a remarkable degree of victim blaming, stating it was a “crash between Borgens and a speeding 2003 Toyota Corolla,” and “Borgens was in the roadway when she was struck.”

It’s hard to cross any street without being in it. And she didn’t crash into anything, she was run down by a speeding car.

It should also be noted that the legal alcohol allowed for anyone under the age of 21 is zero.

This is the 12th bicycling fatality in Southern California this year, and the fourth in Los Angeles County already this year. And it’s the first bicycling fatality in Manhattan Beach in at least the last five years.

My deepest sympathy and prayers for Amory Borgens and all her loved ones.

Category: Bicycle Safety, Injuries and Fatalities / Tags: , , , , ,

Update: Bike rider killed by apparent drunk driver in Lake Elsinore

October 11, 2015 / / 6 comments

There’s no excuse. Period.

According to the Riverside County Sheriff’s Department, a bike rider has died as the result of a collision with an allegedly drunk driver in Lake Elsinore.

The victim, identified only as a 21-year old man from Murrieta, was riding on Railroad Canyon Road south of Summerhill Drive around 8:58 pm Friday, when he was hit from behind by a 75-year old driver.

Police arrested the driver at the scene after concluding that she had been drinking.

The bicyclist was taken to a nearby hospital, where he died the following day.

The press release does not say how far below Summerhill the collision occurred, or which direction they were traveling.

A satellite view shows two lanes headed south, with a right turn leading onto a freeway onramp, and an optional right turn from the center lane. Northbound, there are three lanes, with an additional two left turn lanes leading onto the freeway, and a double left at Summerhill, along with a right-turn only lane.

Nearly 30 people are killed by drunk drivers in the US every day, at a cost to society of over $59 billion dollars a year.

The cost to their loved ones is beyond measure.

There is simply no excuse for getting behind the wheel after drinking or using drugs. Ever. If you think you’re okay to drive, you’re not. And someone else is likely to pay the price.

This is the 57th bicycling fatality in Southern California this year, and the seventh in Riverside County.

Update: The Press-Enterprise has identified the victim as Murrieta resident Mark Heigel. The story reports the 75-year old driver who killed him, Thelma Jeanette Trachy, was released from jail Saturday.

Anyone with information is urged to contact Officer Roberge at 951/776-1099 or sheriff’s dispatch at 951/776-1099.

My deepest sympathy and prayers for Mark Heigel and his loved ones.

Category: Bicycle Safety, Injuries and Fatalities, Update / Tags: , , , , ,

20-year old OC driver faces 10 years for 2014 DUI death of Dana Point cyclist

July 9, 2015 / / One comment

Ten years.

That’s what a 20-year old driver is facing for the drunken collateral damage death of a cyclist in April of last year.

Thirty-nine-year old Haitham Gamal was riding south on PCH in Dana Point when Dominic Devin Carratt lost control of his car at high speed, drifting 200 feet through a bend in the road before slamming into Gamal’s bike.

Carratt’s car continued to drag him another 500 feet — nearly twice the length of a football field — before hitting a curb and flipping over. Gamal was pronounced dead at the scene, simply because he was in the way.

Carratt and his passenger were taken to a hospital with slight injuries, where he was found to have a blood alcohol level of .15.

Normally, that would be almost twice the legal limit. But as an under-aged driver, the legal limit in this case would be zero.

According to the Orange County District Attorney’s office, Carratt will be arraigned today on felony counts of vehicular manslaughter with gross negligence while intoxicated, driving under the influence of alcohol causing bodily injury, and driving with a blood-alcohol level above the legal limit causing bodily injury, along with a sentencing enhancement for causing great bodily injury.

I’d call death great bodily injury, all right.

Unlike the LA County DA’s office, the OC DA tends to take cases like this seriously, and is more than willing to throw the book at killer drivers. And they seldom bargain away a case just to get a conviction.

That may be a product of a lighter case load, or more jail space to house convicted drivers.

Or maybe they just give a damn. And take traffic crime seriously.

Thanks to attorney and cyclist Ed Rubinstein for the heads-up.

 

Dominic-Carratt-arraignment

 

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

Suspected DUI driver kills adult trike rider and her dog in Garden Grove

June 24, 2015 / / 11 comments

No one is safe from intoxicated drivers.

Not women on adult tricycles. Or the dogs they carry with them.

That’s exactly what happened last night in Garden Grove, as  suspected DUI driver killed a cyclist, and her little dog, too.

According to the Orange County Register, a woman believed to be in her 50s was riding her adult tricycle eastbound on Chapman Ave near Faye Ave, carrying a small dog in the bike’s basket, when she was struck from behind by a pickup around 9:45 pm.

One of the Register’s photos from the scene shows damage to the hood of the truck, suggesting she was thrown onto it by the force of the impact, while KTLA-5 says the dog was thrown several feet away, still inside the basket.

No word on whether she was using lights or reflectors after dark.

The victim was pronounced dead at the scene; she has not been publicly identified. Her dog died later at an Orange County Animal Services clinic.

The driver, 58-year old Rita Faye McLaughlin of Santa Ana, remained at the scene, and was arrested on suspicion of felony DUI after failing a field sobriety test.

Anyone with information is urge to call the Garden Grove Police at 714/741-5800.

This is the 33rd bicycling fatality in Southern California this year, and the sixth in Orange County; that compares with 10 in the county this time last year. It’s the first bicycling death in Garden Grove since November, 2012.

Update: A comment from the victim’s sister identifies her as 55-year old Suzi V. Ramage, along with her dog Sonny. 

It’s the second family member she’s lost to a drunk driver; her son was killed in 2003.

My deepest sympathy and prayers for Suzi V. Ramage and her loved ones.

 

Category: Injuries and Fatalities / Tags: , , , , ,

Former OC lawyer gets max sentence in drug-fueled death of bike rider

June 20, 2015 / / 2 comments

Four years.

That was the sentence a judge finally issued Friday, after repeated delays, for the death of bike rider Eric Billings in Mission Viejo 27 months earlier.

Former immigration attorney Hasti Fahkrai-Bayrooti, who goes by the name of Hayley, had unexpectedly pleaded guilty to a single felony count of vehicular manslaughter while intoxicated in March of this year.

According to the OC DA’s office, she had a near-lethal dose of Xanax and Suboxone in her system when she ran down Billings’ bike from behind on March 15, 2013, as he rode in a marked bike lane on Santa Margarita Parkway.

My News LA reports that investigators found a bottle of Xanax in her car following the collision; despite being filled just two days earlier, there were already 75 pills missing.

She reportedly ignored several text messages prior to the wreck from friends who begged her to stop driving and sober up. Yet despite claims that she was screaming and “pulling her hair out” following the crash, her first call was to her pharmacist, not 911.

She had faced a possible sentence of 16 months to four years for the conviction. She was also sentenced to an additional three years, to be served concurrently, after being caught with Clonazepam, a sedative used to treat seizures and panic disorder, while she was behind bars.

In addition, Fahkrai-Bayrooti’s license to practice law has been suspended by the California Bar, and stands to be permanently revoked after her sentencing.

My News LA reports that her defense attorney — at least the third one she has had in this case — claimed she had been dependent on prescription drugs since an “early, early age,” and may have early onset dementia as a result.

She expressed remorse at the hearing while pleading for mercy, saying she is no longer in denial about the damage she has caused. Although that denial appeared to be in full force in comments she left on this site just one day after pleading guilty.

A press release from the DA’s office quotes Billing’s wife from the victim’s statements given at an earlier hearing, offering just a hint of the loss her family has suffered.

The victim’s wife said in part, “The void that is left by this tragic and senseless accident is overwhelming. The fact that it isn’t just an accident, but rather an accident committed by one under the influence, is ironic in that Eric never had a drink in his life, would not even take a Tylenol, and would barely take a pain killer after surgery.” She went on to say, “Although I have chosen not to be bitter and have forgiven this woman, I would like her to have consequences for her actions.”

Fahkrai-Bayrooti now faces a long stay in state prison because she didn’t get the help she so clearly needed before she took an innocent man’s life.

Let’s hope she finally gets it while she’s behind bars.

And is never, ever allowed to drive again.

 

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