Tag Archive for DUI

Riverside police assault May Day cyclists; accused DUI hit-and-run driver Juli Ann Brown goes to court

May 2, 2012 / / 3 comments

Police in Riverside apparently make up the law as they go along during that city’s May Day protest, ordering bikes out of the street and onto the sidewalk — despite a local ban on sidewalk riding.

And despite the fact that the riders were just a block from their destination.

Then they forcibly stopped the riders by pulling a police car across their path, jumping out of a patrol car with Taser drawn, and tackling a rider off his/her bike.

Regardless of whether the riders may or may not have committed a traffic infraction, using a Taser on a cyclist or knocking a rider off his or her bike is a serious use of force, with a high potential to result in injuries to the rider — and potentially serious, if not deadly, consequences.

Any officer who resorts to such physical violence against department policy to enforce a perceived traffic violation is in serious need of training. If not dismissal from the force.

And any police department that condones it should be reined in by city officials.

If not a lawsuit.

………

Our anonymous South Bay correspondent sat in on Monday’s preliminary hearing for Juli Ann Brown, the woman accused of running down three cyclists in a drunken hit-and-run.

Juli Ann Brown had her preliminary hearing Monday in Judge Margaret A. Anderson’s courtroom. Starting the proceeding was an arraignment for an amended complaint. One of the enhancements was upgraded from 12022.7(a) to 12022.7(c), which suggests that one of her victims was over 70 years old. Naturally the plea is still not guilty.

Officer Michael Ezroj of the Seal Beach Police Department, first on the scene at the Taco Surf parking lot where the cyclists had gathered after the assault, conducted recorded witness interviews and collected physical evidence (pieces of the suspect’s vehicle). All witnesses stated that after hitting the cyclists in the bike lane, the vehicle had stopped a very short way up the road, straddling the lane marker, and had then fled. When notified by Huntington Beach PD that they had pulled the suspect over, Ezroj left the scene to identify and question the suspect.

Just minutes after receiving the description of the suspect’s vehicle, HBPD Officer Johnathan Deliema observed a vehicle matching that description travelling southbound on PCH. He made a U-turn and followed her in the #1 lane. While behind Brown’s vehicle, he observed the vehicle drift partially into the #2 lane not once but twice. Brown, the driver, then engaged her right-turn signal and attempted to merge into the occupied #2 lane, causing another vehicle to take evasive action. At this point, Officer Deliema hit the lights and sirens. Incidentally, this all took place at approximately 40 miles per hour, within a distance of less than a third of a mile.

Officer Deliema observed Brown’s slurred speech and unsteady gait, and asked about the damage to the right front side of her vehicle, Brown claimed she had been shopping at Von’s in Long Beach earlier that morning and discovered the damage when she returned to the parking lot, but had not notified the police because she was late to a doctor’s appointment in Huntington Beach. Asked for her driver’s license, she immediately confessed it was suspended. Officer Deliema initiated a Romberg test, to which Brown complied, and which she failed miserably.

When Officer Ezroj arrived, he noted the damaged vehicle matching the suspect vehicle’s description and also observed in the interior a small baggie filled with an unknown white powder and two short plastic straws. He asked Brown if she knew why she had been pulled over and she stated, “I was told that I hit a motorcycle or something.”

HBPD Officer Nick Nicholas arrived on the scene. In his two years with Huntington Beach, he’s administered an estimated 130 field sobriety tests, and he proceeded to test Ms. Brown, who claimed physical limitations with her lower extremities (which she had not divulged to Office Deliema) and was therefore excused from the walk-a-straight-line and stand-and-turn bits. Officer Nicholas also allowed her to fudge a bit on the Romberg, and she still failed it.

Then it was time to recess for lunch, and I had to split. Kinda disappointing to miss half the witnesses, but the exciting news is that Brown’s next scheduled court appearance is an arraignment- a very good indication that she has already simply agreed to whatever plea deal the prosecution has offered. Looking forward to that.

………

Could someone give these kids their darn bike lanes already?

Seriously, I think they’ve earned them.

………

In an interesting experiment, Malibu shifts street cleaning on PCH from Mondays to Fridays, in hopes of having safer streets for weekend cyclists.

It’s a small step, but could make a big difference — especially if they extend cleaning to the shoulders where cyclists usually ride. And it’s a huge shift in attitude from the formerly bike-unfriendly city.

Thanks to the ‘Bu master bike advocate Eric Bruins for the heads-up.

………

Bike lanes almost magically appear on a short, uncontested section of Sepulveda Blvd. Writing for Flying Pigeon, Richard Risemberg calls for a different sort of road diet on York Blvd; if you can find a copy of Momentum magazine, you can read Rick’s bicycle visitor’s guide to the city. Is CicLAvia headed to points east anytime soon? Bikerowave is conducting a series of bike repair and purchasing classes this month. Why the Amgen Tour of California cyclists won’t be riding Santa Monica Blvd through the biking black hole of Beverly Hills later this month. Celebrate bike month with Better Bike, who says the city’s bike route pilot project leaves a lot on the table. Culver City needs volunteers for bike counts on May 19th and 23rd. The Pasadena Star-News says it’s time to make bikeways the new freeways; I couldn’t agree more. The Claremont Cyclist offers his typically great observations on last weekend’s Chuck Pontius Memorial Crit. Join new LACBC affiliate chapter Pomona Valley Bike Coalition for a casual, 24-mile Art Ride this Saturday; can’t speak for you, but I’m loving the way these affiliate chapters spread bike advocacy to the far reaches of the county.

The San Diego woman who traded her car for a bike at last year’s Tour de Fat is still riding. The San Diego Reader says in a world where everyone dopes, it’s wickedly unfair for Floyd Landis; if he had just accepted his suspension instead of lying to everyone about it, it might have been a different outcome. Head to Paso Robles for a full four days of biking on Memorial Day weekend. The Mercury News explains the meaning of sharrows and gets it mostly right if you exchange “must” for “should” here and there. No, seriously — if you’re carrying rock cocaine, put a damn light on your bike. A San Francisco reporter documents his own harassment of cyclists, along with getting the whole concept of bike safety wrong. A disabled Sonoma cyclist is beaten and stabbed in an early morning assault. Right now, you can conduct your own personal ciclovia on the carless roads of Yosemite.

The Bike League and Sierra Club team up to ask Congress to stop giving cyclists the shaft. The surprising aerodynamics of bicycling; link courtesy of cyclist and CD13 City Council candidate Josh Post, who I never heard of before Tuesday, but I’m liking already. Bike lawyer Bob Mionske says we all need to stand up to biased anti-bike policing. The media doesn’t exactly look favorably on the car-free among us; link courtesy of Streetsblog. Gotta like this one, as U.S. Air Force cyclists take 2nd and 3rd in the Wounded Warrior Games; just the fact that they’re still competing says volumes. Even Houston is getting a bike share program. A fallen Austin TX cyclist did nothing wrong, but that still doesn’t stop some from blaming scofflaw cyclists; seriously, don’t these people have any shame? A Boston Whole Foods bike parking fail. Evidently, road rage fisticuffs directed at cyclists isn’t just an L.A. problem, as a New York driver beats the crap out of a bike rider who tapped on his car to warn him he was too close; note to motorists — if someone on a bike can touch your vehicle, you’re too damn close.

A UK police official says drivers who kill should face life in prison. A Scot cyclist barely avoids death just days after attending the Ride on Parliament. Great anti-drunk driving campaign from Fiat. Three Korean pro cyclists are killed when their team is rammed by a truck on a training ride. China’s Red Cross is accused of running a bike scam. Who needs a bike lock when you’ve got a bike riding guard dog?

Finally, drunken Florida grandparents face charges after towing their granddaughter behind their SUV in a toy car secured by dog leashes.

………

Let Wednesday’s suicide of future Hall of Fame and former USC football player Junior Seau serve as a reminder that you never know what’s going on in someone’s life unless you ask. Take a moment to reach out to those you love, and don’t take a casual “everything’s okay” as an answer.

There are far too many Richard Corys in this world.

And sometimes, hope can seem to be in very short supply.

Category: Bikes & the Law, Law Enforcement, Legal Cases, Violence & Crime / Tags: , , , , , , ,

Wrist slap rescinded, as drunken hit-and-run driver John Hines resentenced to 4 years in state prison

March 17, 2012 / / Comments Off on Wrist slap rescinded, as drunken hit-and-run driver John Hines resentenced to 4 years in state prison

So much for that slap on the wrist.

Former fire captain John David Hines, scion of a leading Long Beach fire fighting family, had the book thrown at him by an angry judge, turning a one-year sentence in a relatively plush pay-to-stay cell into over four years of hard time in the state penitentiary.

Hines had been sentenced for the drunken hit-and-run that left cyclist Jeff Gordon lying severely injured on a Seal Beach street, after drinking himself silly at a Long Beach bar last April Fools Day. When police arrested him at his home, drenched in urine soaked pants, Hines had a BAC of .24 — three times the legal limit.

In what many cyclists — or maybe just me — considered an overly lenient sentence, Santa Ana Superior Court judge Erick Larsh sentenced the former fireman to four years and four months in state prison — then suspended the sentence in lieu of one year in the Orange County jail and five years probation.

And rather than force him to consort behind bars with OC’s criminal element, the judge allowed Hines to buy his way into the Huntington Beach jail, where he could serve his time in greater comfort.

All he had to do was stay out of trouble for a few months.

Yet the former EMT-certified fire captain, trained to save the lives of victims just like the one he left lying in the street, couldn’t even manage that.

This past January, jailers noticed him wobbling, and discovered he had extracted alcohol from hand sanitizer by filtering it through salt. Then he drank enough of the resulting extract to result in a blood alcohol level of .22 — almost as high as when he nearly killed Gordon.

And enough to turn that gentle slap on the wrist into a good swift kick into the state pen.

That’s exactly what happened on Friday, as Judge Larsh ruled that Hines had violated his probation, and resentenced him to the full four years and four months of his original sentence, saying “I can’t fix you.”

Don’t get me wrong.

I have no sympathy for hit-and-run drivers. And even less for anyone who gets behind the wheel after drinking — let alone nearly taking the life of another human being.

But Hines is clearly a very sick man.

Whether he’ll get the help he needs behind bars is highly questionable. We can only hope he comes out of prison a much healthier man than when he went in.

……..

I’m told that Danae Miller, the DUI/distracted driver convicted of running down world-class triathlete Amine Britel in Newport Beach last year, is settling in nicely at the Chowchilla women’s prison, where she can expect to spend most of the next four years.

……..

On a slightly less serious note, reader Mark Pryor sends a warning that Huntington Beach will host the 2012 Surf City Open later this month, from March 29th through April 1st.

And no, it’s not a bike race. Or even a surfing championship.

It’s a paint ball tournament. Which means that cyclists can expect to be used for target practice.

Consider Mark’s story —

In Spring of 2008 I was shot at close range with a paintball gun on PCH in Seal Beach while heading towards HB. I stayed up and was unaware of what happened, until a relative explained what it was later that day.

I was informed the next day that a major PB Tourney for Pros was underway in HB. I did report the incident to OC Sheriffs, but they were uninterested since I was OK.

My back was beet red from the injury, although nothing appeared to penetrate the skin.

Moral of the story: when the PB Players are in town, cyclists will be considered as easy targets.

Its shameful that the tournaments are allowed when people are victimized this way by participants traveling to and from the events.

……..

Today’s news kept me from updating this week’s events tonight; hopefully I can get to that later this weekend.

But don’t forget Saturday’s Get Sum Dim Sum ride, or the early morning Wolfpack Hustle Marathon Crash race prior to the L.A. Marathon on Sunday; over 1,300 riders have already registered to take part.

Saturday is also St. Patrick’s Day, which means tens of thousands of amateur drunks will be on the roads all day.

So assume every driver you see on the streets has had about three green Guinness too many.

And ride accordingly.

Update: If you’re looking for something dry to do tonight, the Now Pro Women’s Cycling Team unveils their 2012 roster starting at 7pm at Cynergy Cycles, 2300 Santa Monica Blvd in Santa Monica.

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

15-year old Norwalk cyclist dies after being hit in apparent DUI last week

June 10, 2011 / / Comments Off on 15-year old Norwalk cyclist dies after being hit in apparent DUI last week

According to the San Gabriel Valley Tribune, a 15-year old cyclist died Friday morning, one week after he was hit by an accused drunk driver.

The rider, whose name has not been released, was riding east on Alondra Blvd near Pioneer Blvd in Norwalk on Friday, June 3rd when he was hit by a car driven by 38-year old Anna Chavez of Whittier; no word on what time of day the collision occurred.

Chavez has been held on $100,000 bail on suspicion of felony drunk driving; charges will now be amended to vehicular manslaughter, with arraignment scheduled for Tuesday in Downey.

This is the 30th bike-related traffic fatality in Southern California so far this year, and the 9th in L.A. County. Two of those riders killed in L.A., and seven overall, have been victims of alleged drunk drivers.

Three additional L.A. riders have been killed by gunfire this year, with one additional gunshot victim outside the L.A. area.

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

Arrest warrant issued for Long Beach fire captain in drunken hit-and-run

April 28, 2011 / / 3 comments

Around 1 pm on April first, 47-year old Jeffrey Gordon was riding his bike on Westminster Blvd east of Bolsa Chica Street in Long Beach.

A moment later, he was sailing 70 feet through the air after being hit from behind by a Chevrolet pickup truck driven by Long Beach fire captain John David Hines.

Rather than stop and render aid as he is trained to do, Hines fled the scene as witnesses chased after him begging him to stop. They followed him to his home in Huntington Beach where he was arrested by the police, who allege that he looked drunk and had a strong odor of urine on his clothes.

The Belmont Shore – Naples Patch reports that Billy Chisholm was a passenger in one of those pursuing vehicles.

“I was sick to my stomach the whole time,” Chisholm recalled. “He just hit him and left him to die like he was a skunk in the road. He had to have known he hit him because his truck was all busted up. That was a human being he left there to die. It’s not right.”

Then again, maybe its a good thing he didn’t try to save Gordon’s life; with a blood alcohol level of .24 percent — virtually the same level as Marco Antonio Valencia showed when he killed Joe Novotny — he probably would have done far more harm than good.

And he’d already done more than enough harm behind the wheel.

Hines reportedly spent the morning drinking at the Schooner or Later bar in Long Beach before driving down to Seal Beach. That’s where he allegedly drifted into the bike lane and struck Gordon’s bike from behind, then sped off without ever hitting his brakes or slowing down.

Not surprisingly, an arrest warrant was issued for Hines on Wednesday.

According to the Huntington Beach Independent:

John David Hines, 38, is charged with one felony count each of driving under the influence of alcohol causing bodily injury, driving with a blood alcohol level of .08% or more causing injury and hit-and-run with injury, according to a release from the district attorney. He also faces sentencing enhancements for causing great bodily injury and having a blood alcohol level over .20%.

Fortunately, Gordon survived the collision, despite spending two weeks in the hospital with severe injuries ranging from head trauma, severe lacerations and bruising to his head and body, to internal injuries and spinal and vertebrae injuries. However, he reportedly continues to suffer limited mobility, and speech and memory loss.

Hines faces up to six years and eight months in prison if convicted. According to the Times, he is still being sought by police on $250,000 bail; it’s possible that he may have entered rehab in an attempt to get leniency from the court.

The only real difference between this case and that of Valenica — who faces 24 years to life in prison after being convicted of 2nd degree murder and felony hit-and-run while intoxicated on Wednesday —  is that Hines’ victim survived, while Valencia’s didn’t.

Thanks to master wrench Chris K for the heads-up.

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

Update: Cyclist killed in Agoura Hills DUI hit-and-run

October 24, 2010 / / 27 comments

It’s bad enough when someone is injured or killed on the streets because of what we euphemistically call accidents.

If everyone obeyed the law and used the roads safely, there wouldn’t be any accidents.

But worse still is when someone gets behind the wheel of motor vehicle after drinking or using drugs — or willing operates their vehicle in any other impaired or distracted manner — and takes the life of another human being as a result. And worse still, flees the scene, leaving a total stranger to die in the street.

According to the Ventura County Star, S.D. Whitmansegal did exactly that when she collided with a bike being ridden by 46-year old James Laing of West Hills; earlier reports indicated the then-unidentified victim was 30 years old.

The Star reports that Whitmansegal was followed by witnesses to a nearby parking lot where she was arrested on charges of hit-and-run, vehicular manslaughter and driving under the influence.

My prayers and condolences go out to James Laing’s family, friends and loved ones.

And don’t ask me what I think about someone who could do something like this. I wouldn’t like the answer I’d give right now.

Then again, she may find the real punishment will be trying to live with herself after this.

Thanks to the Ventura County Star for following up as more information became available.

Update: A few other details are slowly coming in. According to the L.A. Times, both Laing and Whitmansegal were both traveling east on Agoura Hills Road.

Meanwhile, the Star reports that Laing struck the side of Whitmansegal’s car and was thrown onto the road. When the case goes to court, the defense will undoubtedly claim it was a SWSS and that Laing swerved into the car for no apparent reason; hopefully the witnesses who tracked the driver down saw what happened.

And the Agoura Hills Patch inexplicably identifies the driver as Stephanie Segal of Woodland Hills, despite a police report identifying the driver as Whitmansegal.

Update 2: Bob points us towards a report on KCBS-2 that identifies the driver as Stephanie Segal, and says she is currently being held on $250,000 bail. The Associated Press confirms that S. D. Whitmansegal is also known as Stephanie Segal.

Laing is the 13th cyclist killed in Southern California in the last five weeks, and the 13th since the beginning of August.


Category: General / Tags: , , , , , , , ,

DIY police work leads to meager charges — and dangerously written laws

October 5, 2009 / / 2 comments

A popular L.A. cyclist thinks he knows why the driver who hit him ran.

And he knows who it was.

Maybe you know Roadblock. It’s almost amazing how many L.A. area cyclists do, and just how highly they regard him. But then, as one of the city’s leading bike activists and an original founder of the Midnight Ridazz, it’s pretty easy to understand why.

Or maybe you read about his recent biking accident, when the story of how he got run down by a hit-and-run driver made waves in the local online and cycling communities.

Fortunately, he’s okay, aside from a complaint about lingering back pain. In fact, when I ran into him the other night — figuratively, not literally — he looked good.

But it could have been much worse.

He was hit from behind at high speed, and carried several yards on the hood of the car before the driver applied the brakes and he was thrown off onto the street.

And then, as so often happens, the driver gunned his engine and took off, disappearing into the night. In fact, at least four cyclists in the L.A. and Orange County area have been killed by hit-and-run drivers this year alone; Santa Clarita held a Ride of Silence this past Saturday to commemorate the most recent cyclist run down by a drunken runaway motorist.

Fortunately, he somehow managed to get a partial license plate as he lay in the street. And that’s when L.A.’s Department of DIY sprang into action once again.

Overnight, signs sprang up seeking witnesses. Back channel contacts identified the owner of a suspect vehicle. A little detective work led to a local auto body shop, where photos were taken of the car as it was being repaired.

And in less than 48 hours, the suspect was identified to the police and the legal process was in motion.

Roadblock wants to keep the driver’s identity to himself for now, until the legal process is further along. But he says it’s someone well known in city circles, who certainly should have known better — and acted differently.

He also has a theory — which, due to the delay in finding the suspect, is likely to remain nothing but speculation — that the driver had been drinking. And that’s probably why he ran.

Evidently, the driver’s gamble paid off, since Roadblock had the good fortune to escape with relatively minor injuries, so the driver will escape with relatively minor charges.

Under California law, a hit-and-run that doesn’t result in injury is a misdemeanor, punishable by up to six months in county jail, and/or a fine of up to $1000. And the authorities seem to feel that the sort of soft-tissue injuries Roadblock suffered don’t count, despite lingering pain and stiffness nearly five months later.

If the collision had resulted in a few broken bones, the penalty would be up to a year in jail, with a fine up to $10,000; a hit-and-run resulting in death or serious, permanent injury could bring up to 4 years in state prison.

And that’s the problem.

Existing law actually encourages intoxicated drivers to flee the scene of a collision, because the penalties for drunk driving resulting in injury or death can be far more severe than the relatively minor penalties for running away.

In fact, according to the Driver’s Handbook published by the DMV, a DUI case involving serious injury or death can be prosecuted under the state’s Three Strikes Law, potentially resulting in life imprisonment. Which makes the maximum penalty of four years for running away pale in comparison.

And relatively minor charges like hit-and-run are often dropped or plea-bargained away before a case ever comes to a resolution.

So for a driver who’s had a few drinks, fleeing the scene offers a reasonable gamble that they may get away with it. Or at least have time to sober up before getting caught.

And that has to change.

The penalties for hit-and-run have to be increased, until they’re strong enough that no one would ever consider leaving the scene of an accident.

Because this epidemic of drunken hit-and-runs has to stop. And our government has to stop encouraging it.

………

Santa Monica authorities insist it’s safe to ride through the city even if you don’t have a license, despite what the law says. L.A.’s bike culture captures yet another convert. A motorist in Sun Valley is in desperate need of a better bike rack; if your bike is missing, this might be your prime suspect. An upcoming photo exhibition profiles Angelenos who somehow survive sans cars. The paparazzi catch Sharon Stone bike shopping with her kids; the unidentified store looks like I. Martin to me. Joe Linton lists Long Beach’s leap to livability. In Chicago they even bike for cocktails; how civilized. An S.F. paper asserts cycling steers fashion, and that cars and bikes can, in fact, coexist. New York gets the kind of center median cycletrack we can only dream of. A Florida cop tases a fleeing cyclist before running over and killing him. Lego cyclists can be put back together; real ones can’t. Ex-framebuilder Dave Moulton explains the bike’s evolution away from the wheelbarrow effect. Edmonton police are on the lookout for a biking people-basher, while Toronto cyclists look hotter in a helmet. Finally, the Times touches briefly on last Friday’s David Byrne panel discussion; look for my take Wednesday on Streetsblog.

Category: Best of, General / Tags: , , , ,
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