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Kill a cyclist, do 30 days

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Kill a cyclist, do 30 days

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Old 06-03-10, 07:06 PM
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Kill a cyclist, do 30 days

https://www.registerguard.com/csp/cms...a-creswell.csp


Four months ago a northbound motorist was passing a cyclist at night on a two lane highway. In spite of the fact that Oregon law clearly states that a cyclist must have "room to fall" (figure 7 feet) when being passed on a roadway with a speed limit over 35 mph and no bike lane, this motorist was not cited. Just as this motorist was passing the cyclist, a southbound motorist, in an absolutely brilliant move, decided to pass another southbound car. The two illegal passers met in the night, nearly head on. Sadly, the cyclist was obliterated in the ensuing shrapnel barrage. As usual, the motorists who killed the cyclist were given even less than slaps on the wrist, see the link above.

There have been a number of other fatal car crashes in the Eugene area over the past year, and, if the deceased were in cars, the person at fault generally gets prison time of 5-10 years. (I'll dig up the links later). Just as in the deep south in the early 20th century when a black person was murdered there were no consequences for the white killers, in America today when a cyclist is killed, there are no consequences for the motorized killers.
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Old 06-03-10, 07:22 PM
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https://special.registerguard.com/csp...0-41/story.csp

https://special.registerguard.com/csp...6-41/story.csp

Here's a couple of other fatal wrecks in the area. The prison time is always measured in years when the victim is in a car.
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Old 06-03-10, 08:35 PM
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in the case of the cyclist getting killed, it was a plea bargain with no hint of alcohol involved. If this goes to trial, it defendant probably walks in a jury trial, thus why the prosecutor and the defense took the deal.

The other two cases you cite involve alcohol and it's much easier to get a felony manslaughter to stick in court when DWI is involved.

Not trying to minimalize the death of the cyclist, it's horrible it happened, but just trying to give you an opinion on how a jury would see it. They would see it as a sad accident but not a criminal act if the defense lawyer is awake.
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Old 06-03-10, 08:58 PM
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I agree, you can't compare drunken idiots with regular idiots. Judges and juries hate drunk drivers.
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Old 06-03-10, 10:02 PM
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There are many other examples that don't involve alcohol where the only difference is whether the dead folks were in a motor vehicle or not. Last month a bale of hay fell off a truck and killed someone in a car. The hay-bale driver is looking at 3 1/2 years.

This whole thing is not new. Fifteen years ago there were two wrecks on the same road near/in Davis, CA. In one, the truck driver/killer approached a bike at an intersection, when the light turned green he right-hooked the cyclist (got her with three axles), checked to see if anyone was looking (didn't see the witnesses) and drove away. The cops found him cleaning her guts off his undercarriage. He even denied having been where the killing happened. He got probation. Six months later a truck driver with doubles was making an illegal pass on the right of a car that was stopped to make a left turn. He hit his brakes, slightly jack-knifed and killed the elderly couple. He stopped, called 911 and eventually found himself doing something like 5 years in prison. These were both sober, commercial drivers. In fact, the one that killed the cyclist was an illegal immigrant, which might be why he got probation instead of nothing.
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Old 06-03-10, 10:27 PM
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Reading stuff in advocacy really pisses me off sometimes.
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