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  1. #1
    Senior Member trek2.3bike's Avatar
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    Important new law proposed in Minnesota

    We, individually and through bike clubs, should support enactment of HF68(Garofalo)/SF201(DeKruif). This proposed legislation at the Minnesota legislature is designed to eliminate the defense of "I didn't see (although I had a duty to look) the cyclist I killed before I turned." Since there is only one story, the cyclist being dead, the jury believes the driver and does not find the "GROSS negligence" required by existing criminal law. This bill requires only driving "carelessly or heedlessly" so if the driver was breaching his duty by failing to look before he or she "right hooked" the cyclist, they are careless and thus guilty. It's only a gross misdemeanor but it's a start on justice.

    https://www.revisor.mn.gov/bin/bldbi...l&session=ls87

  2. #2
    Senior Member trek2.3bike's Avatar
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    Contact them more than once. Get other cyclists to so as well.
    More is better!

    Weekly send an e-mail, make a phone call, and WRITE a short note on paper (it really impresses them).

    This week target the House Judiciary Committee.
    http://www.house.leg.state.mn.us/com...asp?comm=87014

  3. #3
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    Sounds like how negligence law should already be interpreted. Great! I hope DA's don't drop the ball and refuse to prosecute if it goes through.

  4. #4
    Senior Member trek2.3bike's Avatar
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    Quote Originally Posted by crhilton View Post
    Sounds like how negligence law should already be interpreted. Great! I hope DA's don't drop the ball and refuse to prosecute if it goes through.
    The Prosecutors have opposed it in the past. They'd rather the Jury think that manslaughter is the only available crime than give them the option of convicting on a lesser offense. So they get handed an acquittal more often than not. That lets them claim that there is "Insufficient evidence" (of the felony) to be bothered with the effort of prosecuting. After all, the vic was just a cyclist, pedestrian, child, etc.

  5. #5
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    Quote Originally Posted by trek2.3bike View Post
    The Prosecutors have opposed it in the past. They'd rather the Jury think that manslaughter is the only available crime than give them the option of convicting on a lesser offense. So they get handed an acquittal more often than not. That lets them claim that there is "Insufficient evidence" (of the felony) to be bothered with the effort of prosecuting. After all, the vic was just a cyclist, pedestrian, child, etc.
    *sigh*

  6. #6
    Senior Member trek2.3bike's Avatar
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    There is another Hearing on HF68 on Thursday at 8:15am in the House Judiciary committee. Representatives, including me, of several bicycle groups are expected to testify in favor of the bill.

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