Tag Archive for hit-and-run

The bike court beat goes on

Christian Stoehr and Ron Peterson speak outside the courthouse following the Thompson conviction last November; at left is Josh Crosby, Patrick Watson is partially visible in back. Photo courtesy of Jared Shier.

Cyclist/Attorney DJ Wheels wrote the other day to provide updates on pending court cases involving cyclists.

First up is the case of an Orange County woman charged with striking and killing a 49-year old Irvine cyclist in an early morning collision on December 9th, then driving off, leaving a 300 yard pattern of debris — yet amazingly, was forgiven by the victim’s family.

Patricia A. Izquieta (Case #09HF2198) – Victim – Don Murphy

A hearing was held February 18 for arraignment, but no plea was entered yet and arraignment was continued to March 19 at the Santa Ana Courthouse.

She is charged with:

1) one felony count of hit and run with permanent and serious injury – CVC 20001(a)(b)(2)

2) a special allegation of inflicting great bodily harm, which is attached to the hit and run – Penal Code 12022.7(a)

3) one misdemeanor count of vehicular manslaughter without gross negligence – Penal Code 192(c)(2)

4) one misdemeanor count of driving without a valid driver’s license – CVC 12500(a)

Next is the underage driver with a long list of priors who was charged with killing a Santa Clarita man and injuring three others in a drunken hit-and-run; tests showed that in addition to a blood alcohol level over twice the legal limit, he was also high on methamphetamine, cocaine and marijuana at the time of the 11 am collision.

Marco Antonio Valencia (Case # PA065011) – Victim – Joeseph Novotny & 3 other injured cyclists

There was a pretrial conference and re-arraignment on January 22. Four separate counts for DUI — two counts of 23153(A) and two counts of 23153(B) — were dropped. I think the charges were initially filed separately for all the various substances that came up in the toxicology report. However, there are still two remaining DUI counts. He plead not guilty to all the charges in the amended complaint. Another pretrial conference is set for March 23 at the San Fernando Courthouse.

1) one felony count of murder with malice aforethought (2nd degree) – PC 187(a)

2) one felony count of vehicular manslaughter with gross negligence – PC 191.5(a)

3) one felony count of driving under the influence causing bodily injury – CVC 23153(a)

4) one felony count of driving with a BAC over .08 causing bodily injury – CVC 23153(b)

5) four felony counts of hit and run causing serious or permanent injury – CVC 20001(a)

6) one felony count of driving with a suspended or revoked license due to a prior DUI – 14601.2

Then there’s the case of the Malibu driver who fled the scene after running down two riders nearing the end of the L.A. Wheelmen’s 200 mile Grand Tour; killing a father and critically injuring his son. The tragedy was compounded by reports that the driver wasn’t a bad guy, but made a fatal error by driving after drinking, and destroyed two families in the process.

Robert Sam Sanchez (Case # SA071910) – Victim – Rod Armas & Chris Armas injured

A preliminary setting was heard on February 11.  The court ordered a pre plea report pursuant to PC 1203.7.  Sanchez counsel consented to an pre plea interview, but the defendant may not be interviewed about the facts of the case.  The defendant was also ordered to the probation department and also ordered to appear at the next court date, which will be March 11 for another preliminary setting hearing at the Malibu Courthouse.

Charges are still the same as previously reported:

1) one felony count of vehicular manslaughter with gross negligence – PC 191.5(a)

2) one felony count of driving under the influence causing bodily injury – CVC 23153(a)

3) one felony count of hit and run causing serious or permanent injury – CVC 20001(a)

In another case, the 18-year old driver who hit a cyclist in West Hollywood last December, causing “massive” injuries — including breaks to both hands and extensive facial injuries — fled the scene, but was arrested less than a half mile later; despite her age, she had a small amount of alcohol in her system at the time of her arrest.

Celine Mahdavi (Case #SA073459) – Victim – not named

This is the West Hollywood case, involving a young woman in a luxury SUV who made a left hook, seriously injuring a young male cyclist. Charges were filed in early February by the L.A. D.A.’s office:

1) one felony count of hit and run causing serious or permanent injury – CVC 20001(a)

2) one infraction count of a minor driving with a BAC over .01 – CVC 23136(a)

Mahdavi entered a not guilty plea to both counts on Feb. 25. A pretrial hearing is scheduled for March 22 at the Beverly Hills Courthouse.

In a case that largely went under the radar, an Orange County driver was convicted on the same day the Christopher Thompson verdict was announced in the Mandeville Canyon case. He was accused of killing a 14-year old Huntington Beach boy riding to school in the bike lane on the opposite side of the street, while texting and under the influence of prescription drugs.

Jeffrey Francis Woods (Case #08ZF0040) – victim – Danny Oates

Woods was found guilty by a jury after a 16 day trial.  He was sentenced to 6 years state prison, 3 years license revocation and ordered to pay restitution for:

1) one felony count of gross vehicular manslaughter while intoxicated – PC 191.5(a)

However, according to the OC Superior Court website, the status of this case is listed as “APPEAL.”  Woods is still in custody.

He also includes an update on one strange, non-bike-related case involving a 71-year old former state legislator who ran over a USC parking attendant after being denied entry last December because he didn’t have the proper parking permit.

Walter Karabian (Case #0EA00275)

Apparently Karabian was trying to enter a lot for which he didn’t have the appropriate parking permit, and ended up hitting the parking attendant with his car, causing some minor injuries. Sheriff responded and arrested him; he was later released on $30,000 bail.

The D.A. rejected it for felony charges and gave it to the City Attorney, but they recused themselves due to a conflict of interest, and handed it back to the D.A. for misdemeanor consideration. Turns out Karabian has a son who is currently a deputy C.A. at the Metro Traffic Court on Hill St.

A single misdemeanor count for assault with a deadly weapon – PC 245(A)(1) was filed in early January at the East Los Angeles Courthouse by the D.A’s office. A motion was filed last month to have the case removed from the initial judge, Elaine Lu, because she might be prejudiced in this case, and the case is now before Judge Henry Barela in Dept. 7. On Feb. 18, Karabian’s defense attorney entered his plea of not guilty on his behalf; this is allowed in most misdemeanor cases. There is a pretrial hearing set for March 24, 2010.

The elder Karabian is a former deputy district attorney, former State Assemblyman and current named partner of a law firm in Monterey Park.

He concludes with the current status of two recently convicted prisoners — the driver accused of the intoxicated hit-and-run death of a Mexican immigrant in Echo Park last April, and the emergency room physician sentenced to 5 years in prison for intentionally injuring two cyclists in Mandeville Canyon on July 4th, 2008.

Alejandro Hidalgo (Case #BA35559301) – Victim – Jesus Castillo

According to the Sheriff’s Inmate locator page, Hidalgo was transferred to Wasco State Prison on January 26, 2010 after pleading guilty to gross vehicular manslaughter without gross negligence – PC 191.5(b).  The two year state prison sentence he received in his plea bargain is the middle-term sentence available for this charge.

Christopher T. Thompson (Case #SA06829701) – Victim – Ron Peterson and Christian Stoehr

According to the Sheriff’s Inmate locator page, Thompson was also transferred to Wasco State Prison on January 28, 2010.

Thanks to DJ Wheels for his amazing efforts to keep us up to date on all these cases — it’s a lot of work, and very much appreciated.

On a personal note, some people have questioned why I focus on negative aspects of cycling like the cases noted above. The answer is simple. I feel there’s a need to shine a spotlight on crimes like these in order to do whatever we can to ensure that they don’t happen again. And I feel we have an obligation to the victims to make sure that justice is done and that they are not forgotten.

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Streetsblog plans a fundraiser next month honoring winners of this year’s Streetsie awards. A Sacramento cyclist is killed when he “somehow” gets caught beneath a bus; yeah, like that sort of thing just happens. Three thousand riders take part in a soggy Colnago Gran Fondo in San Diego. A great manifesto on feminist cycling. Trek thinks you might confuse their bikes with their with an unrelated winery. Denver prepares to kick off what they call the nation’s first city-wide bike share program, and uses stimulus funds to close gaps in their bikeway system — and they place sharrows on medium to high volume streets, rather than quiet streets where they aren’t needed. Can private businesses cut the locks of bikes parked in the public right-of-way? 1936 sounds a lot like 2010, at least as far as bikes are concerned. Eight months of riding culminates with a final leg from Guadalajara to Playa Real; the photos alone are worth a look. Cyclelicious covers the prologue of this year’s Paris – Nice race, Boom gets off to a good start while Team Sky’s Henderson takes the first stage. The Scheck brothers may leave Saxo Bank to form their own team — and take Cancellara with them. After being denied a chance to take it, a 10-year old girl with cerebral Palsy passes Britain’s Bikeability test. The first of new bike superhighways sponsored by London’s mayor don’t exactly get glowing reviews. Did Germany send the Hitler Youth as to pre-war Britain as “spyclists?” Evidently, British cycling engineers don’t ride bike routes before they select them, either. Looking at the Japanese love affair with electric bikes. A new Dutch system paces cyclists at the correct speed to avoid red lights.

Finally, L.A’s Downtown News reports on the efforts of bike messengers to fight back again bike thieves, including the infamous — and now confirmed — report of stripping two teenaged alleged rim thieves to their underwear and donating their clothes to a homeless shelter.

Hot dry links for a cold wet day

Forecast says it’s going to be too wet to ride Saturday. So grab your beverage of choice and limber up your link-clicking finger.

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The hit-and-run epidemic continues, this time claiming the life of a 13-year old pedestrian in Brentwood. Deepest sympathies to her family and loved ones.

How many hit-and-runs before we say enough?

Update: Despite day-long reports that the driver had fled the scene and a police search for the missing Mercedes that killed the girl, followed by reports that two vehicles had been involved and only one had stopped and waited until the victim was taken away and then left without giving a statement to police, the LAPD now says it was all a big mistake.

According to the latest version of events, both drivers stopped at the scene and waited until the victim was taken away by ambulance, then apparently left without taking to police.

Odd that no one at the scene seemed to be aware of the presence of a vehicle that had just killed someone; you’d think someone might have noticed that. And also odd that, despite saying the victim was “grazed” by the mirror of the first car, which knocked her off balance and into the path of the second vehicle, resulting in her death, the LAPD does not consider that striking someone.

Evidently, a car must smack full on into someone before it’s even considered a collision.

No wonder we don’t feel safe out there.

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In a case reminiscent of the Mandeville Canyon case, an Oregon man is charged with intentionally driving into a cyclist last January. And in a state that has a three-foot passing law but fails to enforce it, a 57-year old Arizona cyclist struggles for her life after being struck by a passing garbage truck, despite riding on the “far right side of the road.”

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If the weather holds off — or you’re willing to risk it anyway — there may still be time to make Chinatown’s Firecracker 10k run/walk and bike ride, with rides of 20 and 42 miles, a bike valet courtesy of the Los Angeles County Bicycle Coalition, and door prizes from the LACBC, Jones Biycles II and Flying Pigeon.

And a party that goes on all weekend.

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Will Campbell goes to City Hall; when it’s raining Saturday, he may content himself with photos of the people he passed on the beachfront bikeway yesterday. The Salt Lake Tribune surprisingly endorses Utah’s proposed Idaho Stop law. The mayor of Columbus, Ohio, wants to turn the town into Bike City, USA, while Forth Worth’s mayor says car-centric planning was a mistake. Being for bikes and transit isn’t the same as being anti-car. Illinois considers three pro-bike measures, including an anti-harassment bill and an education campaign. 500 people turn out for a hearing on Austin’s first bike boulevard; despite loud opposition, over 300 were there to support it. Miami expands its bike safety PSA campaign — something desperately needed here in L.A. Longing for the recent past, when cycle teams had simple names and were sponsored by brothels. Bike sharing comes to Mumbai. A few simple pointers for your next long distance tour; like through Eurasia, for instance. A former railway is converted to a bike trail in Portsmouth, UK. The fiancé of a British soldier serving in Afghanistan will ride across the battlefields of Europe to honor the troops and raise money for charity. If you’re not doing anything on Monday, there a great sounding family ride that kicks off at 8 am — in Fiji. A group of Formula 1 engineers build what may be the world’s most expensive bike; $33,600 stripped, $40,000 fully loaded.

Finally, a great quote from the Director of Cycling South Africa, who won’t let his own children ride on the country’s roads:

It’s important to remember that cyclists are just as entitled to their space on the road as motorists, or donkey carts for that matter…. But this is telling: motorists bitch about cyclists riding abreast yet the cyclists who are killed are usually riding alone.

Fatal hit-and-run in San Bernardino

A 19-year old cyclist was killed last night, and his brother critically injured, in a hit-and-run collision on 40th Street near Acre Lane in San Bernardino.

According to the Times, Joseph Meeks was sharing a bike with his younger brother when they cut across the roadway and were struck by a white 2000 or older Pontiac or Chrysler car, which should have front-end damage in the license plate area and possibly the windshield. Witnesses say the driver made no attempt to stop; KABC Channel 7 reports that Meeks’ friends watched as he died in the street.

Anyone with information about this crime — and yes, a hit-and-run resulting in death or serious injury is a felony — should call the San Bernardino Police Department Traffic Division at 909/385-5735.

How many more people have to die before we do something about the hit-an-run epidemic in California?

Update: The Inland Valley Daily Bulletin reports that the younger victim was Meeks’ 15-year old stepbrother, who suffered critical head injuries, as well as other blunt force trauma; witnesses report he was conscious but having a hard time breathing after the collision.

They were apparently on their way home after buying some snacks at a nearby liquor store when they were struck by a car traveling east on 40th street at approximately 40 mph, throwing them about 60 to 80 feet; the driver fled the scene without stopping.

Yet another cyclist killed in a hit-and-run

According to KABC Channel 7, a cyclist was killed in a hit-and-run collision in Compton this morning at the intersection of Dwight Avenue and Compton Boulevard.

The rider, described as a Hispanic man in his 30s, was riding north on Dwight when he was struck by a minivan driving east on Compton. Surveillance video shows the driver pull over, get out to look at the victim, then get back in his car and flee the scene.

The vehicle is described as a 1990s Ford van, possibly an Aerostar van, colored silver or gray. Anyone who may have information regarding this incient is asked to contact the Compton Sheriff’s Station, 310/605-6500.

Note: I selected the Channel 7 report because it offered a little better coverage than some of the other reports available online. It’s a very sad commentary when the hit-and-run murder of a bike rider is only worth 5 sentences from the local paper.

Update: The Times increased their coverage today, adding an additional sentence for a total of 6. But they did embed coverage from KTLA.

According to KTLA, the victim was Ovidio Morales, a 40-year old father of five who worked hard to send money back home to his family in Guatemala. He was crossing Compton in the crosswalk with the green light, when a driver who witnesses say was talking on a cell phone went through the red light, striking Morales and dragging him several feet.

The suspect is described as a very tall African American man, possibly around 7 feet tall.


Unfinished business: Alejandro Hidalgo & Dr. Christopher Thompson sentencing

Jesus Castillo, a 44-year old day laborer from Sonora, Mexico, was riding his bike — his only form of transportation — on Glendale Boulevard in the early hours of Sunday, April 19th last year.  As he rode south, he was struck and killed by a car driven by Alejandro Hidalgo, who fled the scene in his Mitsubishi Gallant.

Fortunately, a witness was able to take down the license number, and police were able to take Hidalgo into custody less than two hours later, as well as tracking down a passenger in his car who indicated that Hidalgo had been driving under the influence.

According to recently married cyclist/attorney DJ Wheels, last November the District Attorney had offered Hidalgo a plea bargain that included prison time for the three charges he faced. Since he hadn’t received an update from the D.A.’s office, he decided to look into the case, and discovered that Hidalgo is scheduled for sentencing on Wednesday.

According to Wheels,

I decided to request a copy of the docket today at the clerk’s office.  I learned that on November 12, 2009, the district attorney requested that count 1 for gross vehicular manslaughter while intoxicated (Penal Code 191.5a) be changed to vehicular manslaughter while intoxicated without gross negligence (Penal Code 191.5b).

Hidalgo then changed his not guilty plea to no contest on this particular count.  Judge Craig Richman entered his conviction under 191.5b, a felony, and ordered him to return for sentencing on January 6, 2010 in Dept. 35 at 8:30 am.

There were still two counts of drunk driving on the original complaint, but the minutes do not state whether those were vacated as part of the plea bargain.

It should be noted that 191.5a requires a state prison term of 4, 6 or 10 years. On the other hand, 191.5b, requires imprisonment for 16 months, 2 or 4 years.

We’ll have to see what sentence the judge imposes. But even four years seems like a relative slap on the wrist for killing another human being, simply because someone felt compelled to get behind the wheel after having a few too many — or maybe merely capable of making it home in that condition — then running away and leaving a man to die in the street.

Meanwhile, Dr. Christopher Thompson is scheduled for sentencing at 8:30 am this Friday at the Airport Courthouse, after being convicted on five felony counts for intentionally injuring two cyclists in Mandeville Canyon on July 4th, 2008.

And in another tragic case, a ghost bike was installed for Robert Painter, the cyclist killed by yet another hit-and-run driver in North Hollywood last month.

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A reminder that it’s not just cyclists who are vulnerable to hit-and-run drivers. Will notes upcoming rides, including his rapidly growing, Five Seven Eight Presidents Ride. Biking through the snow in Cambridge, Mass. Advice on sharing the road from a cycling instructor in my old home town. New York remembers cyclists and pedestrians killed last year. Yes, that really is an impressive bike rack. How people who don’t live in SoCal keep warm on winter rides. Where are Singapore cyclists supposed to ride when there’s no good place for Singapore cyclists? 2,500 Aussie cyclists ride to raise safety awareness. A road raging driver in the UK beats a cyclist after a near collision. Finally, yet another Facebook page for people who love to see cyclists get hurt; evidently, the well of human compassion online doesn’t run very deep.

Update on tragedy: North Hollywood hit-and-run victim dies

According to the LAPD, the cyclist injured early this month in a North Hollywood hit-and-run has died.

And the driver who left his broken body laying in the street as he fled the scene is now wanted for murder.

In an assault that reportedly left an experienced police detective outraged, Robert Painter was struck by a dark green or black Jeep Grand Cherokee at approximately 5:10 pm on December 2nd, while riding his bike in the crosswalk where Archwood Street crossed Laurel Canyon Boulevard. According to the LAPD, the impact “launched Painter off his bike into the air,” resulting in severe injuries; the suspect immediately fled without rendering aid.

Paramedics transported painter, a Canadian citizen living in North Hollywood, to a local hospital, where he died from his injuries this past Saturday, December 12 — 10 days after he was struck.

From the LAPD blog:

The driver of the car is described as a male Hispanic 30 to 35 years old with dark hair and dark clothes.  There was also a female passenger who was described as possibly wearing a red coat.  The suspect’s car is said to have collision damage on the front end of the driver’s side.  The suspect’s car was last seen entering an Arco gas station at the intersection of Laurel Canyon Boulevard and Van Owen Street a block north of where the collision occurred.

Anyone with information about the incident is encouraged to contact Valley Traffic Division Detectives Doug Larkin at (818) 644-8036 or Detective William Bustos at 818-644-8020.  During off-hours, calls may be directed to a 24-hour, toll-free number at1-877-LAPD-24-7 (527-3247).  Callers may also text “Crimes” with a cell phone or log on to www.lapdonline.org and click on Web tips. When using a cell phone, all messages should begin with “LAPD.”  Tipsters may remain anonymous.

The cycling community has tens of thousands more eyes on the street than the police, so keep an eye open when you ride. If you see a vehicle that matches the description, don’t try to stop it; call the police and let them do their job.

And let’s put this son-of-a-bitch behind bars where he belongs.

Santa Clarita hit-and-run killer was high on meth, coke, grass and booze; now faces trial

After Marco Valencia plowed into a group of cyclists on Bouquet Canyon Road last July, he wanted a Sheriff’s Deputy to kill him.

The local Santa Clarita Valley newspaper quotes L.A. County Sheriff’s Deputy Jeffrey Burrow as testifying that “He told me to shoot him, that his life was over.”

Unfortunately for the riders he hit, the request came a little too late.

By the time Valencia was apprehended after a short chase, Joseph Novotny already lay dead or dying and four other cyclists were injured, two seriously.

L.A. County Deputy District Attorney John Allen Ramseyer accused Valencia of exhibiting a “willful, wanton disregard for human life.” According to Ramseyer, he had a blood alcohol level of .18 — over twice the legal limit of .08 — as well as methamphetamine, cocaine and marijuana in his system at the time of his arrest.

Despite being under age at the time of his arrest, Valencia already had two prior DUI convictions when he appeared before Superior Court Judge Harvey Giss at the San Fernando Courthouse on Thursday. According to the Signal, Giss determined that there was enough evidence to try Valencia on “13 criminal counts, including murder, gross vehicular manslaughter while intoxicated, hit-and-run and several DUI charges.”

Giss set bail at $1.3 million, with Valencia’s next court appearance scheduled for Christmas Eve.

Somehow, I don’t think he’ll find anything good in his stocking this year — or for the next few decades, for that matter.

And Novotny’s family will have an empty seat at their holiday table this year.

And every year that follows.

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A reminder that cyclists aren’t the only vulnerable street users at risk from hit-and-run drivers. Miguel Penayo tried to escape from the scene of a traffic collision in Bell last night after apparently feeling threatened by a group of men, driving directly at them and striking one man. He then struck and killed another man who was leaving a Starbucks — an innocent victim who had nothing to do with the preceding incident — dragging his body beneath the car for “some distance,” according to L.A. County Sheriff’s Department.

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For all you Dutch bike and cargo bike fans, Flying Pigeon will soon stock Nihola Cigar Cargo Bikes. Streetsblog offers a bike-focused calendar for the upcoming week. The new plan for the Whittier Narrows calls for more bikeways and bike friendly streets. Stunt cyclist Danny Makaskill demonstrates the skills you need to navigate rush hour traffic in Los Angeles. Charleston, SC looks to calm the conflict between cyclists and drivers. The New York Times magazine endorses the bicycle highway. Missouri considers building a hanging bike bridge over the Mississippi River. Philadelphia cyclists declare victory over the city’s first experiment with a road diet. Among the reasons not to bike to work, you could die — of course, the same argument could be made for not getting out of bed in the morning. Cheap helmets help, but fit matters, too. With the rise in cycling, expect bad press to get worse before it gets better. A UK “thug” is sentenced for killing a man in an argument over borrowing his bike. Apparently, drunk cycling is legal in New Zealand, but I wouldn’t count on it. Philippines cyclists ride for women’s rights. A Brit TV host had his “willy cut ‘half off’” in a childhood biking accident. The rash of bike thefts spreads to Oxford — yet somehow, becomes a reason to crack down on reckless riders. After 75 years, the debate over UK bike lanes goes on…and on…and on… Finally, an OP piece in car-centric L.A.’s leading paper calls on Angelenos to change their thinking and not view streets as exclusively for cars; it didn’t take long for the usual sniping about “traffic laws are for cyclists, too,” to start. Or for someone to suggest it’s all a commie plot.

Bike counts, toy rides, another near-fatal OC hit-and-run

Let’s get the bad news out of the way first.

Donald Murphy of Irvine was critically injured in yet another hit-and-run around 6 am Wednesday while riding in the northbound bike lane on Jamboree Road near the intersection with Ford Road in Irvine. According to police, a driver indentified as Patricia Ann Izquieta entered the bike lane he was riding in while making an “unsafe turning maneuver,” striking him and leaving a 300-yard pattern of debris.

That’s three football fields of bike parts strewn along the roadway from the bicycle trapped under her car as she fled the scene.

Izquieta was stopped by police a few blocks later with damage to the windshield and front undercarriage of her car, and is being held in Orange County Jail on $50,000 bond. Police reports indicate that she was not on a cell phone and alcohol does not appear to be a factor.

Witnesses said Murphy was wearing a helmet and riding in a safe and legal manner when struck. A passing driver stopped to give CPR along with one of his riding partners

Murphy was transported to Western Medical Center ­– Santa Ana. The Orange County Register quotes Lt. Rob Morton of the Newport Beach Police as saying “He’s in pretty bad shape.”

Update: Today’s OC Register reports that Murphy died at Western Medical Center on Thursday; there was no comment from the family. My deepest condolences to his family and loved ones.

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The LACBC finally has preliminary results from the city’s first bike count.

What I find interesting is that only 12% of the riders were female — less than the number of children counted — while 54% of riders weren’t wearing a helmet, 38% were on the sidewalk, and 6% were riding the wrong way.

They also offer an LACBC-centric report on Wednesday’s semi-bike-only Transportation Committee meeting.

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There’s no shortage of big hearts in biking community.

But I never fail to be impressed by gull rescuer and stray dog wrangler Will Campbell — although his odd attachment to ‘Bama football does make me wonder sometimes. So I wasn’t surprised to learn that the Midnight Ridazz All-City Toy Ride was his idea, though he gives much of the credit for organizing the first ride to Ridazz co-founder Roadblock.

The ride kicks off tonight — appropriately enough on the first night of Channukah — from various points throughout the city, converging on the Plaza Gazebo on Olvera Street around 10 pm. Riders are asked to bring an unwrapped toy valued at $5 to $25 dollars for free admission to the after party; toys will be donated to the East L.A. Women’s Center.

Click here or visit the Ridazz website for more information.

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Recently I included a link to the excellent Bike San Diego website, for a story about a cyclist who was ticketed for passing a short row of stopped vehicles on the left, even though that is not prohibited under California law.

The judge upheld the ticket, convicting Andrew Woolley for violating CVC 21202, despite the fact that his actions were explicitly allowed under the statute. According to the judge, the exceptions allowed under 21202 did not apply, since the speed limit on the road is 35 mph, which he determined was the normal speed of traffic — even though 21202 specifically refers to the speed of traffic “moving in the same direction at that time.”

Writing on Bob Mioske’s website, Rick Bernardi offers a great examination of exactly why the judge was in error, while noting that it sometimes doesn’t make any difference if the law is on your side. And contrasts it with a Utah case, in which a cyclist was cited for doing exactly what the judge in the Woolley case said he should have done.

So let me see if I’ve got this right. You can’t pass on the right, and you can’t pass on the left. Or maybe you’re required to break the law one way in Utah, and another in California. Or the judge is allowed to misapply the law one way in one state, and another in the other.

Damned if you do, damned if you don’t.

You can read the full transcript of the Woolley case here, and see the opening brief to his appeal here.

And buy a copy of Catch 22 — which seems to be the new judicial standard — here.

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Last week’s Ballona Creek Gateway opening included an announcement of the planned Mar Vista Greenway. Lance commits to two more years. Traffic author Tom Vanderbilt suggests that cyclists should consider the Adopt a Highway model for bike lane maintenance. Cycling fashion dilemma: to wear a day-glo vest or not? Denver re-writes its bike laws to conform with the new state laws; Tucson Bike Lawyer notes that it’s now legal to ride to a bike rack on the sidewalk. The police can’t — or won’t — keep cars out of NYC bike lanes, but maybe a bunch of clowns will. New York’s DIY bike lanes have already been painted over; the alleged artists reportedly will plead not guilty. UPS is making some holiday deliveries by bike. Austin struggles to find consensus on the city’s first bike boulevard. A Utah cyclist is under arrest for groping another rider. London’s Evening Standard reports work has begun on “Mayor Boris Johnson’s cycle-hire scheme;” no bias there, huh? An Indian student is murdered by his friends after buying a new bike. Some friends. Finally, it’s 13 degrees in Chicago, and cyclists are still riding — even if that means riding on studded bike tires.

Identifying the real dangerous vehicles on the road

These days, bike licensing seems to rear its ugly head every time the topic of cycling comes up.

Not among cyclists, of course.

But with those members of the four-wheeled, non-riding set who consider cyclists a dangerous menace on the roads. And demand some way to identify scofflaws, so they can be ticketed and prosecuted for the harm they cause to all those law-abiding drivers, who evidently live in constant fear of us.

And yet, according to a report from the National Highway Traffic Safety Administration, 698 cyclists were killed in traffic accidents nationwide in 2007 — 109 of those in California; the overwhelming majority of those were killed in collisions with motor vehicles.

At the same time, over 40,000 drivers and their passengers were killed in motor vehicle accidents. While no statistics on the subject seem to be available, I suspect the number of those killed by cyclists was somewhere in the neighborhood of zero, give or take.

Talk about blaming the victim.

I was thinking about that because of an email I received the other day. A reader, who asked not to be identified, wrote that he had been the victim of yet another hit-and-run while riding over the weekend.

A Hummer had crossed over into the bike lane he was riding in, striking him with its mirror as it drove with two wheels in the lane. Fortunately, he was able to maintain control and wasn’t seriously injured, even though incidents like that can be extremely dangerous, frequently resulting in serious injuries.

Or worse.

The problem came when he attempted to identify the vehicle so he could report it to the police. Only to discover that, just like all those scofflaw cyclists, the SUV had no license plates of any kind – even though California law clearly requires license plates on both the front and rear of most cars, trucks and SUVs.

The difference being, not only is a Hummer capable of causing serious injury or death, this one had just struck a cyclist and fled the scene.

Of course, this isn’t the first time something like this has happened. Last April’s infamous Hummer Incident began when an SUV without plates struck a cyclist on a group ride, and the other riders blocked the truck to keep it from leaving, since they had no other way of identifying the driver to the police.

And we all know how that ended.

(For those who don’t, after threatening the cyclists, the driver drove over the bikes blocking his way, continuing until the police stopped him with a bike still lodged under his vehicle. The investigating officer concluded the cyclist was at fault and let the driver go without so much as a warning — then told the cyclists if he had been driving the Hummer, he might have used a gun instead of just driving over their bikes.)

And that’s the problem.

You don’t have to ride, walk or drive these city streets very long to notice that, despite the law, more than a few of the vehicles sharing the road with you have no identifying license plates, front or rear. And more that a few of those seem to be high-end Hummers, Navigators and Escalades.

And it’s not just a problem for cyclists. As my correspondent said in his email,

Its an issue for anyone on the road who wants a little insurance against hit-and-runs, but obviously its a bit more urgent for riders.

We need to be able to identify the dangerous drivers if we’re going to be safe on the road.

And we can’t do that if the laws requiring the display of license plates on the vehicles that actually need them isn’t enforced.

………

Once again, bikes are shut out of the Festival of Lights after opening night. Damien is looking for volunteers to help judge the annual Streetsie Awards. The Eastside Bike Club invites riders — or Ridazz — to join them for the Lincoln Heights Christmas Parade this weekend. A San Diego cyclist gets a ticket for observing CVC21202. Missouri’s Tracy Wilkins is in awe of the Fat Cyclist; evidently, Johan Bruyneel is, too. New York joins the long list of states — not including California — considering a three-foot passing law. Hampshire cyclists are stopped by the police and given hi-viz vests. The perfect gift for cyclists who take the lane. Who was the rocket scientist who put Edinburgh’s new tram tracks parallel to the bikeway? No sentence yet for the Auckland driver who ran down four cyclists. Denmark and Holland are the Galapagos Islands of bicycle culture. Finally, the Orange County Register says it’s time to stop killing cyclists. Or getting killed, for that matter.

An open letter CD5 Council Member Koretz and the Transportation Committee

Council Member Paul Koretz
200 N. Spring Street, Rm 440
Los Angeles, California 90012

Dear Council Member Koretz,

During your race for the Los Angeles City Council, I submitted a series of questions about bicycling issues to your campaign; in your response, you voiced support for bicyclists and for improving bicycle infrastructure in Los Angeles, as well as the need to reform the law in order to better protect cyclists.

In light of this Wednesday’s Transportation Committee meeting focusing on bicycling issues, I would like to take this opportunity to remind you of your support, and call your attention to a few of the items on the agenda:

1) Proposed bicycle anti-harassment ordinance

As you may be aware, cyclists throughout the U.S. face daily harassment simply for exercising their right to ride in a safe and legal manner. Virtually any experienced rider can tell you stories of being yelled at or honked at by motorists, passed in an unsafe manner, having things thrown at them or being forced off the roadway — or in extreme cases, intentionally struck by a motor vehicle.

A number of states, including Massachusetts, Louisiana and Colorado, have recently passed laws to address this problem, as have a handful of cities, including Austin, Texas and Columbia, Missouri. While a similar law should be passed on a statewide level, there is much the city can and should do to address this problem.

Article 1 of the Cyclist’s Bill of Rights — which you endorsed — says cyclists have the right to travel safely and free of fear. Therefore, I strongly urge you to support the proposed anti-harassment ordinance, and encourage you to take an active interest in its drafting to ensure a law that is both effective and enforceable to protect the rights and safety of bicyclists.

2) Report from LAPD on bicycle incidents and conflicts between bicyclists and motorists

Many local cyclists have long felt that we don’t receive adequate support from the LAPD. There have been numerous reports of police officers misinterpreting or misapplying existing laws, as well as reports of apparent bias in investigating incidents between bicyclists and motorists; Chief Beck has recently agreed to create a working group to look into these complaints.

Again, this problem is not limited to the City of Los Angeles. Municipalities throughout California and across the nation have struggled with the same problem, which appears to be a result of inadequate training rather than active discrimination against cyclists. In my experience, most officers want to do the right thing, but may lack the training in bicycle law and bike accident investigation necessary to evaluate the situation, interpret the evidence and make qualified decisions.

Fortunately, this is easily rectified. MassBike, in conjunction with the National Highway Traffic Safety Administration, has developed a simple two-hour program intended to serve as a national template for training police officers in bike law, available as a free download or on CD for just $15; this program could be easily modified to reflect local and state regulations. The International Police Mountain Bike Association offers detailed articles on how to investigate accidents involving bicycles, also available as a free download.

Article 3 of the Cyclists’ Bill of Rights says that cyclists have the right to the full support of educated law enforcement. I urge you to hold the LAPD to their commitment to report back to the Council, accurately and in detail, and encourage the department to improve training for both new and existing officers.

3) Support changes in state law to curtail hit-and-run drivers

Finally, I would like to bring up one item that isn’t on the agenda for Wednesday’s meeting, but perhaps should be.

This year alone, three local cyclists have been killed by hit-and-run drivers; in each instance, the driver was also suspected of driving under the influence. Just last week, two cyclists were critically injured in collisions in which the driver fled the scene.

As you pointed out in your responses, the problem is that penalties for hit-and-run under state law are far too low:

I also believe that penalties for hit-and-run drivers need to be substantially increased and enforced. It’s a serious crime and the penalties need to be much stiffer for offenders.  I strongly believe that our current system lets drunk drivers off the hook too easily.

Under existing law, it is actually to the driver’s benefit to flee the scene of an accident if he or she has been drinking, as the penalties for drunk driving far outweigh the penalties for hit-and-run. This has to change.

As a member of the City Council and a former member of the state legislature, I strongly encourage you to introduce a motion putting the Transportation Committee and the full L.A. City Council on record as supporting an increase in the mandatory penalties for hit and run, including automatic loss of license and/or forfeiture of the vehicle involved. In addition, I urge you to use your influence with the legislature to get such legislation passed into law.

This meeting is your opportunity put your words in support of cycling into action. And for you, and the other members of the Transportation Committee, to help make the streets of this city safer and fairer, not just for bicyclists, but for everyone who drives, walks or rides in Los Angeles.

Sincerely,

Ted Rogers
Bikinginla.com