Cycling and bicycle discussion forums. 
   Click here to join our community Log in to access your Control Panel  


Go Back   > >

Advocacy & Safety Cyclists should expect and demand safe accommodation on every public road, just as do all other users. Discuss your bicycle advocacy and safety concerns here.

User Tag List

Reply
 
Thread Tools Search this Thread
Old 11-22-08, 10:21 AM   #1
hotbike
Senior Member
Thread Starter
 
hotbike's Avatar
 
Join Date: Dec 2006
Location: Long Island, New York
Bikes: a lowrider BMX, a mountain bike, a faired recumbent, and a loaded touring bike
Posts: 2,859
Mentioned: 1 Post(s)
Tagged: 0 Thread(s)
Quoted: 4 Post(s)
Mobile County woman in bicycle crash guilty of DUI

I found this story today. The woman driving had no license on account of a previous DWI.

http://www.al.com/news/press-registe...800.xml&coll=3

Quote:
"Mobile County woman in bicycle crash guilty of DUI
Friday, November 21, 2008
By GARY McELROY
Staff Reporter
On an early August morning this summer, Jeff Conrad was gliding along on his bicycle at 17 mph, he told a Mobile judge Thursday, when his speed suddenly neared 40.

A few seconds later he had a bad case of road rash, his $500 competition racing bike was a total loss and the woman who sent him flying was standing outside her vehicle, cursing him and smelling of alcohol, he said.

During her Thursday trial before Mobile Municipal Judge Shelbonnie Hall, 31-year-old Charity Eiland acknowledged striking Conrad with her car, but denied be ing drunk or cursing the bicyclist.

Hall nonetheless found Eiland guilty of DUI in the Aug. 20 incident her second DUI conviction and sentenced the restaurant worker to 12 months in jail. Eiland was taken into custody, but was allowed to post an appeal bond.

According to Conrad and his riding companion, Joshua Payne, it was about 6 a.m. and they were just passing the Heron Lakes Country Club on Government Boulevard when Eiland's SUV pushed Payne and his bike aside and shoved Conrad and his bike ahead of her.

Neither man was seriously injured.

During questioning by city prosecutor Ed Smeltzer, they said that Eiland cursed them for riding their bikes in the roadway, telling them it was against the law. Cyclists are permitted by law to ride on most roadways, including Government Boulevard.

She then handed one of them an insurance card and tried to leave, the bikers tes tified, but they prevented it and shortly afterward police arrived.

Officers testified that they, too, smelled alcohol on her breath. Eiland failed several field sobriety tests, Hall was told, and then refused to take a breath test after she was transported to police headquarters.

She had no drivers license because it had been lifted in the wake of a 2007 DUI, according to testimony.

Defense attorney Jeff Deen questioned Conrad about what kind of safety devices he had on the bike for riding in the dark. Conrad said his bike was lit up from front to back with blinking lights and reflectors.

It may have been Eiland's own testimony that sealed her fate, however.

She said she had gotten off work the night before at a seafood restaurant and gone out drinking with friends at a Saraland bar, where she consumed six beers and a shot of liquor called a "red snapper."

She spent what was left of the night at a friend's home, she said, finishing off the evening with one more beer and getting less than three hours of sleep before heading home. That's when she hit the cyclists.

Eiland said she had nothing to drink "that morning" and "thought I did fine" on the field tests the arresting officer gave her."
hotbike is offline   Reply With Quote
Old 11-22-08, 11:08 AM   #2
ChipSeal
www.chipsea.blogspot.com
 
ChipSeal's Avatar
 
Join Date: Mar 2007
Location: South of Dallas, Texas
Bikes: Giant OCR C0 road
Posts: 1,026
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
I hope the local police have the authority to seize the vehicle that was driven by this woman. She is obviously not deterred from driving simply because she is short a driver's license!
ChipSeal is offline   Reply With Quote
Old 11-22-08, 12:14 PM   #3
Cyclaholic
CRIKEY!!!!!!!
 
Cyclaholic's Avatar
 
Join Date: May 2005
Location: Sydney, Australia
Bikes: several
Posts: 4,269
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 70 Post(s)
I'll bet she drove home after posting her bond .....

And about that bond, how is it that you're convicted and the judje sentences you to jail time yet you can post a bond and walk! WTF?

I hope the cyclists hit her hard for damages.
__________________
There are 10 types of people in the world - the ones that can count in base 2, the ones that can't count in base 2, and the ones that didn't expect this to be in base 3.
Cyclaholic is offline   Reply With Quote
Old 11-22-08, 12:24 PM   #4
mike
Senior Member
 
mike's Avatar
 
Join Date: Jul 2000
Location: Snowy midwest
Bikes:
Posts: 5,392
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Wow, a year in jail. That's a long time in jail. A lot of life is going to leave her behind in that year she is taken out of society.

Can you imagine how drunk you have to be to hit a bicyclist? Even if the bicyclists are going slower than traffic, that is like hitting a parked car. hic.

Good thing the bicyclists weren't killed and were well-enough to stop her from driving and to call the police.

The great irony of it is that Ms. Charity Eiland (the drunk driver) is the one who should have been on the bicycle rather than in a car.

Wouldn't it be an unusual and cool thing if victim Jeff Conrad met Ms. Eiland upon her exit from jail and gave her a bicycle and some lessons on bicycle commuting.


This is what the drunk-driving, car/bicycle crasher looks like:

mike is offline   Reply With Quote
Old 11-22-08, 01:42 PM   #5
uke
it's easy if you let it.
 
uke's Avatar
 
Join Date: Jul 2008
Location: indoors and out.
Bikes:
Posts: 4,124
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by mike View Post
The great irony of it is that Ms. Charity Eiland (the drunk driver) is the one who should have been on the bicycle rather than in a car.
This is what I thought the article was about; that someone already cycling due to a DUI was involved in a bike crash.
uke is offline   Reply With Quote
Old 11-22-08, 02:46 PM   #6
mike
Senior Member
 
mike's Avatar
 
Join Date: Jul 2000
Location: Snowy midwest
Bikes:
Posts: 5,392
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by uke View Post
This is what I thought the article was about; that someone already cycling due to a DUI was involved in a bike crash.
I suppose a drunk bicyclist hit by a sober motorist would be a twist, but I am sure that has happened before too.
mike is offline   Reply With Quote
Old 11-22-08, 03:03 PM   #7
tomg
Senior Member
 
Join Date: Aug 2002
Location: south jersey
Bikes:
Posts: 1,206
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
why was there no at site sobriety check? was there ability to offer?
by her refusing at police station, she confirmed guilt! refuse to test, you're dwi.
thanks for report, glad you could!
t
tomg is offline   Reply With Quote
Old 11-22-08, 05:16 PM   #8
dobber
Perineal Pressurized
 
dobber's Avatar
 
Join Date: Oct 2003
Location: In Ebritated
Bikes:
Posts: 6,557
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by tomg View Post
why was there no at site sobriety check? was there ability to offer?
by her refusing at police station, she confirmed guilt! refuse to test, you're dwi.
thanks for report, glad you could!
t

From the article

Eiland failed several field sobriety tests
dobber is offline   Reply With Quote
Old 11-22-08, 05:26 PM   #9
alpacalypse
Senior Member
 
Join Date: Jan 2008
Bikes:
Posts: 284
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by tomg View Post
why was there no at site sobriety check? was there ability to offer?
by her refusing at police station, she confirmed guilt! refuse to test, you're dwi.
thanks for report, glad you could!
t
I'm not sure, but I think that's untrue. You can refuse a breathalyzer test under the 5th amendment; you just can't get back into the car.
alpacalypse is offline   Reply With Quote
Old 11-22-08, 05:53 PM   #10
bcubed
Senior Member
 
Join Date: May 2008
Bikes:
Posts: 78
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
You can refuse a breathalyzer test under the 5th amendment; you just can't get back into the car.
No. Called "Implied consent," you agreed to it in writing when you got your license. Basically, you agreed to submit to testing--usually blood, breath, or urine--when asked, and if you DON'T submit, then you are punished as if you'd had the highest BAC% punishable at the time of the arrest.

An interesting question would be--as bicyclists are unlicensed and thus agreed to no implied consent--could a bicyclist refuse a BAC test?
bcubed is offline   Reply With Quote
Old 11-23-08, 05:42 PM   #11
JoeyBike
20+mph Commuter
 
JoeyBike's Avatar
 
Join Date: Jul 2007
Location: New Orleans, LA USA
Bikes: Surly LHT, and 3 others
Posts: 5,424
Mentioned: 2 Post(s)
Tagged: 0 Thread(s)
Quoted: 136 Post(s)
12 months in the clink! Awesome.

$500 competition racing bike? Did they miss a zero? The editor/proofreader probably thought a $5000 bike was a typo and changed it to $500.

"his $500 competition racing bike was a total loss"
JoeyBike is offline   Reply With Quote
Old 11-23-08, 06:27 PM   #12
John E
feros ferio
 
John E's Avatar
 
Join Date: Jul 2000
Location: www.ci.encinitas.ca.us
Bikes: 1959 Capo; 1980 Peugeot PKN-10; 1981 Bianchi; 1988 Schwinn KOM-10;
Posts: 17,046
Mentioned: 3 Post(s)
Tagged: 0 Thread(s)
Quoted: 62 Post(s)
12 months in jail is a good start, but it is not a stiff enough penalty, given that she was already driving on a suspended (revoked?) license. When she gets out on parole in 8 months, she'll probably get right behind the wheel.
__________________
"Early to bed, early to rise. Work like hell, and advertise." -- George Stahlman
Capo [dschaw'-poe]: 1959 Modell Campagnolo, S/N 40324; 1960 Sieger, S/N 42624
Peugeot: 1970 UO-8, S/N 0010468
Bianchi: 1981 Campione d'Italia, S/N 1.M9914
Schwinn: 1988 Project KOM-10, S/N F804069
John E is offline   Reply With Quote
Old 11-23-08, 08:11 PM   #13
Registered
Junior Member
 
Join Date: Oct 2008
Bikes:
Posts: 20
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
A 60" tall Oompa-Loopa
Registered is offline   Reply With Quote
Old 11-24-08, 10:08 AM   #14
Chris516
24-Speed Machine
 
Chris516's Avatar
 
Join Date: Jul 2004
Location: Wash. Grove, MD
Bikes: 2003 Specialized Allez 24-Speed Road Bike
Posts: 6,054
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by hotbike View Post
I found this story today. The woman driving had no license on account of a previous DWI.

http://www.al.com/news/press-registe...800.xml&coll=3

Quote:
"Mobile County woman in bicycle crash guilty of DUI
Friday, November 21, 2008
By GARY McELROY
Staff Reporter
On an early August morning this summer, Jeff Conrad was gliding along on his bicycle at 17 mph, he told a Mobile judge Thursday, when his speed suddenly neared 40.

A few seconds later he had a bad case of road rash, his $500 competition racing bike was a total loss and the woman who sent him flying was standing outside her vehicle, cursing him and smelling of alcohol, he said.

During her Thursday trial before Mobile Municipal Judge Shelbonnie Hall, 31-year-old Charity Eiland acknowledged striking Conrad with her car, but denied be ing drunk or cursing the bicyclist.

Hall nonetheless found Eiland guilty of DUI in the Aug. 20 incident her second DUI conviction and sentenced the restaurant worker to 12 months in jail. Eiland was taken into custody, but was allowed to post an appeal bond.

According to Conrad and his riding companion, Joshua Payne, it was about 6 a.m. and they were just passing the Heron Lakes Country Club on Government Boulevard when Eiland's SUV pushed Payne and his bike aside and shoved Conrad and his bike ahead of her.

Neither man was seriously injured.

During questioning by city prosecutor Ed Smeltzer, they said that Eiland cursed them for riding their bikes in the roadway, telling them it was against the law. Cyclists are permitted by law to ride on most roadways, including Government Boulevard.

She then handed one of them an insurance card and tried to leave, the bikers tes tified, but they prevented it and shortly afterward police arrived.

Officers testified that they, too, smelled alcohol on her breath. Eiland failed several field sobriety tests, Hall was told, and then refused to take a breath test after she was transported to police headquarters.

She had no drivers license because it had been lifted in the wake of a 2007 DUI, according to testimony.

Defense attorney Jeff Deen questioned Conrad about what kind of safety devices he had on the bike for riding in the dark. Conrad said his bike was lit up from front to back with blinking lights and reflectors.

It may have been Eiland's own testimony that sealed her fate, however.

She said she had gotten off work the night before at a seafood restaurant and gone out drinking with friends at a Saraland bar, where she consumed six beers and a shot of liquor called a "red snapper."

She spent what was left of the night at a friend's home, she said, finishing off the evening with one more beer and getting less than three hours of sleep before heading home. That's when she hit the cyclists.

Eiland said she had nothing to drink "that morning" and "thought I did fine" on the field tests the arresting officer gave her."
I am so glad, that she will be off the road for an extended period of time.

Her 2007 DUI must have been pretty severe, for her license to get yanked since, this was only her second conviction and, it was yanked on her first conviction.

Check List:
1. headlight and tail-light, 2. rearview mirror, 3. reflective vest, 4. Brakes! make sure the brakes work on the bicycle! , 5. a horn and bell. , 6. Stop, look, and listen, when coming to an intersection. LOOk both ways before crossing the street. , 7. Right Size? is the bicycle the right size for the rider? , 8. Wear a helmet.

On the checklist the OP has at the bottom of his message, I don't do #'s 2 and, 5.

I don't do #2 because, it is easier for me to use my peripheral vision to look at the traffic behind me, by making a quick turn of my head.

I don't do #5 because, the traffic won't hear it and, pedestrians will get scared by it. My alternative is a loud(I know it is rude, but it works) 'AHEM!!'.
Chris516 is offline   Reply With Quote
Old 11-25-08, 08:42 AM   #15
mike
Senior Member
 
mike's Avatar
 
Join Date: Jul 2000
Location: Snowy midwest
Bikes:
Posts: 5,392
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by John E View Post
12 months in jail is a good start, but it is not a stiff enough penalty, given that she was already driving on a suspended (revoked?) license. When she gets out on parole in 8 months, she'll probably get right behind the wheel.
12 months might not seem like a lot, but in these parts you can sell heroin to school kids an even commit murder and not get as much as 12 months (no exaggeration).

I have never been to prison, but I have visited one and I wouldn't want to spend an afternoon in one, much less a year. Yeesh!

Sadly, though, history suggests that a DUI offender released from prison will go right back to the booze/drug. I know a guy who spend almost four months in jail for an alchohol related automobile accident. He was drunk within 1.5 hours of his release. Apparently, it is difficult to comprehend the power of addiction.
mike is offline   Reply With Quote
Old 11-25-08, 09:53 AM   #16
Feldman
Senior Member
 
Join Date: Feb 2002
Bikes:
Posts: 863
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by John E View Post
12 months in jail is a good start, but it is not a stiff enough penalty, given that she was already driving on a suspended (revoked?) license. When she gets out on parole in 8 months, she'll probably get right behind the wheel.
Time for a "Clockwork Orange" solution--some kind of implanted electronic chip that could induce grand mal siezures if the critter ever tries to drive a car again.
Remember, boys and girls, DRUNK DRIVERS ARE NOT PEOPLE.
Feldman is offline   Reply With Quote
Old 11-25-08, 03:38 PM   #17
rbrian
Senior Member
 
rbrian's Avatar
 
Join Date: Oct 2008
Location: Aberdeen, Scotland
Bikes: '07 Brompton S6L; '10 Brompton M6R
Posts: 482
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by Feldman View Post
DRUNK DRIVERS ARE NOT PEOPLE.
That's precisely the kind of thinking that lets them do it again, and again and again. Drunk drivers ARE people, they need to be TREATED, EDUCATED, need to recognise that cyclists are people, that other people are people, that we all have the same rights and responsibilities.
rbrian is offline   Reply With Quote
Old 11-25-08, 08:34 PM   #18
Dchiefransom
Senior Member
 
Dchiefransom's Avatar
 
Join Date: Jan 2003
Location: Newark, CA. San Francisco Bay Area
Bikes:
Posts: 6,201
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 5 Post(s)
The Oakland, Ca PD ran a sting, I think last week. They staged in traffic court, then when people that had their licenses yanked drove away from the parking lot, they seized their cars and ticketed them. Don't know if they were actually arrested.
__________________
Silver Eagle Pilot
Dchiefransom is offline   Reply With Quote
Old 11-26-08, 09:37 AM   #19
Feldman
Senior Member
 
Join Date: Feb 2002
Bikes:
Posts: 863
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by Dchiefransom View Post
The Oakland, Ca PD ran a sting, I think last week. They staged in traffic court, then when people that had their licenses yanked drove away from the parking lot, they seized their cars and ticketed them. Don't know if they were actually arrested.
That's great--caught 'em red handed.
Feldman is offline   Reply With Quote
Old 11-26-08, 09:23 PM   #20
gcottay
Senior Member
 
gcottay's Avatar
 
Join Date: Jul 2007
Location: Green Valley AZ
Bikes: Trice Q; Volae Century; TT 3.4
Posts: 3,772
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by Cyclaholic View Post
And about that bond, how is it that you're convicted and the judje sentences you to jail time yet you can post a bond and walk! WTF?
She was allowed to post an appeal bond.
gcottay is offline   Reply With Quote
Old 11-27-08, 03:39 AM   #21
Spire
山馬鹿
 
Spire's Avatar
 
Join Date: Feb 2002
Location: Fuchu, Tokyo, Japan
Bikes: TREK 1000 and a junk bike with a basket on the front to go to the shops.
Posts: 1,398
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
12 months is a pretty pathetic sentence IMHO
__________________
http://www.cyclistsroadmap.com/eng/ - Cyclists' road map. Checkout which roads are good for cycling and rate roads in your area.
Spire is offline   Reply With Quote
Old 11-28-08, 04:46 AM   #22
Carusoswi
Senior Member
 
Join Date: Jun 2005
Bikes:
Posts: 1,180
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by bcubed View Post
No. Called "Implied consent," you agreed to it in writing when you got your license. Basically, you agreed to submit to testing--usually blood, breath, or urine--when asked, and if you DON'T submit, then you are punished as if you'd had the highest BAC% punishable at the time of the arrest.

An interesting question would be--as bicyclists are unlicensed and thus agreed to no implied consent--could a bicyclist refuse a BAC test?
I'm certain laws vary from state to state on this question, but, in states where BUI is on the books as a punishable offense and implied consent is also in effect, then, a cyclist with a drivers license would probably be found to have breached that implied consent provision. Note that implied consent, where it exists, is related to your driver's license, not the license that comes with the vehicle registration.

I would assume the situation would be less clear if the cyclist was not a licensed driver (having never held a license), since he/she would never have signed anything to document implied consent.


It would be interesting (and probably quite expensive) to see such a case work its way through the legal system. I've read online accounts of at least one case where a cyclist whose driving privileges had been suspended due to DUI fought a subsequent BUI charge in court. As I recall, the case ended with a plea agreement to a lesser charge.

Personally, I would advocate for some sort of ignition interlock on all vehicles, but that solution would kill the DUI industry as we know it, and there are plenty who don't want that to happen.

Caruso
Carusoswi is offline   Reply With Quote
Old 11-28-08, 02:34 PM   #23
tatfiend 
Gear Hub fan
 
Join Date: Nov 2008
Location: Reno, NV
Bikes: Civia Hyland Rohloff, Swobo Dixon, Colnago, Univega
Posts: 2,830
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Even 35 years ago in Germany a first DUI was good fo 1 year loss of license, a fine of one months pay and 90 days in jail or doing community service I was told when visiting there. And that was w/o hitting anyone/anything. Much worse if involved in an accident.

As far as I am concerned a DUI with injury or death to a person should be attempted murder or Murder 1. The driver made the decision to drink and drive. To me that is tantamount to premeditation in commiting the crime.
tatfiend is offline   Reply With Quote
Old 12-05-08, 09:48 PM   #24
rotharpunc
BEHOLD! THE MANTICORE!
 
rotharpunc's Avatar
 
Join Date: Sep 2008
Location: 54914
Bikes:
Posts: 1,797
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by tatfiend View Post
As far as I am concerned a DUI with injury or death to a person should be attempted murder or Murder 1. The driver made the decision to drink and drive. To me that is tantamount to premeditation in commiting the crime.
Its called manslaughter. To be murder or attempted murder, you have to go out with the INTENT to kill, not just know the possibility is there. Most charges in common law systems are based on intent.

Quote:
Originally Posted by Carusoswi View Post
Personally, I would advocate for some sort of ignition interlock on all vehicles, but that solution would kill the DUI industry as we know it, and there are plenty who don't want that to happen.
Caruso
I think it would be better if it was mandatory if a person got 5+ years of using interlock upon their first DWI or something to that effect. Why should someone like myself, who's never had so much as a sip of alcohol in their 25 years of life, deal with the bother and expense of this? What we really need is more education and better driver's ed. I think when I did driver's ed. the instructor spent about 5 minutes on drunk/impaired driving. It has been repeatedly proven, since psychology has been a known discipline, that negative reinforcement does not work anyhow. Plus, all a drunk would have to do is get someone else to blow into it. Happens all the time.


Quote:
Originally Posted by mike View Post
12 months might not seem like a lot, but in these parts you can sell heroin to school kids an even commit murder and not get as much as 12 months (no exaggeration).
no offense, but where do you live? that's certainly not how things are done in WI
rotharpunc is offline   Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -6. The time now is 09:30 AM.