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Old 01-15-14, 02:41 PM   #1
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Seven days in jail for intentionally hitting two cyclists to ground and leaving scene

http://tucsonvelo.com/news/driver-hi...ays-jail/18135

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Tyler Wren and Todd Herriot were riding at the front of the pack when according to reports and court documents, Kinkade drove next to the group, began cursing at them and telling them to get off the road. After yelling at the cyclists he struck Herriott who crashed into Wren causing them both to fall.

In one court document, Kinkade and his attorney argued the cyclists were riding outside the shoulder and more than two abreast when he struck the cyclists.

Kinkade said he heard a thump on his car and saw the cyclists on the ground in his rearview mirror, but didn’t think they were seriously hurt so he didn’t stop."
There is still the civil case.
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Old 01-15-14, 03:00 PM   #2
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Is there a three foot law in AZ?
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Old 01-15-14, 03:04 PM   #3
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Intentionally hitting someone with a car and only 7 days in jail. Wow, makes me glad to be living in a country that understands how trivial it is to have someone intentionally (or recklessly) attack someone with a vehicle.
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Old 01-15-14, 03:56 PM   #4
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Is there a three foot law in AZ?
yes

http://www.azleg.state.az.us/FormatD...28&DocType=ARS

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28-735. Overtaking bicycles; civil penalties
A. When overtaking and passing a bicycle proceeding in the same direction, a person driving a motor vehicle shall exercise due care by leaving a safe distance between the motor vehicle and the bicycle of not less than three feet until the motor vehicle is safely past the overtaken bicycle.
B. If a person violates this section and the violation results in a collision causing:
1. Serious physical injury as defined in section 13-105 to another person, the violator is subject to a civil penalty of up to five hundred dollars.
2. Death to another person, the violator is subject to a civil penalty of up to one thousand dollars.
C. Subsection B of this section does not apply to a bicyclist who is injured in a vehicular traffic lane when a designated bicycle lane or path is present and passable.
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Old 01-15-14, 04:44 PM   #5
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is there a law in any state requiring motorists to have a brain or even a conscience?
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Old 01-15-14, 05:13 PM   #6
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What about, refusing to render aid?
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Old 01-15-14, 07:03 PM   #7
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is there a law in any state requiring motorists to have a brain or even a conscience?

Most places will test your eyesight, but I'm afraid to say that this is as far as it seems to go...
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Old 01-15-14, 07:33 PM   #8
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What about, refusing to render aid?
This isn't France. Most (if not all) states have no "must render aid" laws.
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Old 01-15-14, 07:35 PM   #9
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Intentionally hitting someone with a car and only 7 days in jail. Wow, makes me glad to be living in a country that understands how trivial it is to have someone intentionally (or recklessly) attack someone with a vehicle.
Most judges consider the extend of the injury when sentencing for assault. The fact that any jail time was given at least shows that it was accepted as a criminal assault vs. an accident. Consider a half loaf as better than none.
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Old 01-16-14, 08:23 AM   #10
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I now recall reading about this incident, and how the support vehicle driver and the team photographer were able to help track down the offending motorist. Another big +1 for cameras.
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Old 01-16-14, 08:26 AM   #11
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We see this over and over again! While I am not a big fan of law suits for big money, I hope these cyclist get satisfaction in civil court. These days criminal courts come up with laughable decisions like in this case.

That judge should be removed from the bench!!!!
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Old 01-16-14, 08:38 AM   #12
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Pondering this some reminds me that the justice system alway whines about the back log of cases. If like in this case the criminal court had redered a just verdict, there would be no need for a follow up civil case. In this deal it would cut the court system work load in half.
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Old 01-16-14, 08:41 AM   #13
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One thing thats sadly ironic about all of these rabid, anti-cyclist, direct action situations is, supposedly we hold them up from doing their very important duties or reaching their very important destinations, but they can always slow down and take as much time as necessary to tell us thats what we are doing. Very strange.
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Old 01-16-14, 09:14 AM   #14
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"I saw them fall, but they didn't look seriously injured, so I kept going."

So how is he not convicted of hit-and-run again?
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Old 01-16-14, 09:23 AM   #15
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FYI, this is the guy's website, he sells guitar pickups when he's not running into bicyclists: http://www.skatterbranepickups.com/
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Old 01-16-14, 09:42 AM   #16
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One thing thats sadly ironic about all of these rabid, anti-cyclist, direct action situations is, supposedly we hold them up from doing their very important duties or reaching their very important destinations, but they can always slow down and take as much time as necessary to tell us thats what we are doing. Very strange.

...or drive around a residential block, then slow down beside you and then give you a long verbal lashing, very strange indeed......
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Old 01-16-14, 11:00 AM   #17
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What about, refusing to render aid?
There is only 1 state where there is a requirement to render aid and that one is written in a way easily skirted in this case.

Hit and run is a different matter.
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Old 01-16-14, 11:04 AM   #18
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Intentionally hitting someone with a car and only 7 days in jail. Wow, makes me glad to be living in a country that understands how trivial it is to have someone intentionally (or recklessly) attack someone with a vehicle.
Except the article DOES NOT say he hit them intentionally and there is nothing in the article that indicates it was intentional.

That all comes from the title of this thread.
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Old 01-16-14, 11:25 AM   #19
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Except the article DOES NOT say he hit them intentionally and there is nothing in the article that indicates it was intentional.

That all comes from the title of this thread.
He heard them thump... I suppose against his car (supposition on my part) but if true, then likely his is at least in violation of the three foot law.
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Old 01-16-14, 11:35 AM   #20
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Except the article DOES NOT say he hit them intentionally and there is nothing in the article that indicates it was intentional.

That all comes from the title of this thread.
Technically this is true. He did however intentionally yell obscenities at the cyclists while knowingly driving hazardously close to them and intended or not swerved/merged into them - the cyclists say it was a sudden swerve.

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Originally Posted by one of the cyclists
“All of a sudden this guy comes by screaming obscenities,” Jacques-Maynes said. ”He was really close and then just continued to merge into the shoulder where we were. The guys in front of me were able to make a quick maneuver and avoid him. The guys on the front really had no chance and they got plowed into.”

http://velonews.competitor.com/2013/...and-run_275971
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Old 01-16-14, 11:47 AM   #21
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I now recall reading about this incident, and how the support vehicle driver and the team photographer were able to help track down the offending motorist. Another big +1 for cameras.
Forget cameras, I'm having a support vehicle and photographer follow me around from now on.
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Old 01-16-14, 01:03 PM   #22
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Pretty poor really given that it was aggravated assault. Here's the definition, this incident seems to me to fit the definition perfectly:

(from http://legal-dictionary.thefreedictionary.com/)
A person is guilty of aggravated assault if he or she attempts to cause serious bodily injury to another or causes such injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; or attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon.
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Old 01-16-14, 01:45 PM   #23
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.
.
.
...wasn't there, don't know the details. Seems to rise very close to the level required for vigilante justice. Just sayin'.
Getting offed by some guy in a car because I was out riding a bike is not the way I want to shuffle off this mortal coil.
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Old 01-16-14, 01:46 PM   #24
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Originally Posted by noisebeam View Post
Technically this is true. He did however intentionally yell obscenities at the cyclists while knowingly driving hazardously close to them and intended or not swerved/merged into them - the cyclists say it was a sudden swerve.


http://velonews.competitor.com/2013/...and-run_275971
It is not technically true, it is true. No evidence of intent. I totally agree he was reckless. If I were handling the case I would have seriously investigated to possibility of getting a win on "gross and willful". But I'm not sure that was winnable.

EDIT: I'd also check what he yelled very carefully. Profanity and saying they do not belong on the road while disturbing are not actionable (or at least not for much). But it there was any direct threat...

Last edited by Keith99; 01-16-14 at 01:52 PM.
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Old 01-16-14, 02:19 PM   #25
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Belligerent yelling, profanities, aggressive demeanor, and aggressive threatening driving are all evidence of intent. Evidently not enough for the prosecutor, but it is still evidence that the assault was intentional.
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