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  1. #1
    Around now and then DnvrFox's Avatar
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    50+ Bicyclist Hit and Run DUI Critical Injuries Lakewood, CO

    DnvrFox - still bicycling, swimming, walking and weight lifting at 74yo is participating a bit in BFN 50+.

  2. #2
    Semper Fi, A way of life. qcpmsame's Avatar
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    At least she is in jail, must have gotten a case of the guiltys to call the police and turn her self in. Although saying she thought she had been involved in an accident tells me she was pretty drunk.

    Denver, will the Colorado laws allow the prosecutor to charge and try her with manslaughter or DUI manslaughter for this, if he should die? I hope the cyclist recovers totally, they will probably face a really long hard time getting back to anything like their life before this crime. Keep us posted on how the cyclist is doing if they cover this any longer.

    Bill
    Last edited by qcpmsame; 08-23-12 at 08:08 PM. Reason: Correct really dumb error
    "I Can Do All Things Through Christ Who Strengthens Me" Philippians 4:13

  3. #3
    Around now and then DnvrFox's Avatar
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    Quote Originally Posted by qcpmsame View Post
    At least she is in jail, must have gotten a case of the guiltys to call the police and turn her self in. Although saying she thought she had been involved in an accident tells me she was pretty drunk.

    Denver, will the Colorado laws allow the prosecutor to charge and try her with manslaughter or DUI manslaughter for this? I hope the cyclist recovers totally, they will probably face a really long hard time getting back to anything like their life before this crime. Keep us posted on how the cyclist is doing if they cover this any longer.

    Bill
    No manslaughter if he lives. I don't know about the rest of the possible charges.
    DnvrFox - still bicycling, swimming, walking and weight lifting at 74yo is participating a bit in BFN 50+.

  4. #4
    Semper Fi, A way of life. qcpmsame's Avatar
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    Sorry about that I forgot the paper said he was in critical condition for a minute, edited the reply to correct the stupid error. I hope they can at least get a DUI causing severe injuries like Florida has. This ups the sentencing options available to the courts.
    Last edited by qcpmsame; 08-23-12 at 08:12 PM.
    "I Can Do All Things Through Christ Who Strengthens Me" Philippians 4:13

  5. #5
    Around now and then DnvrFox's Avatar
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    FROM MADD

    http://www.madd.org/laws/law-overvie...e_Overview.pdf

    Approximate Jail or Prison Sentences Possible in Traffic Crash Deaths Caused by a Drunk Driver*
    Alabama
    : 1 to 10 years
    Alaska
    : 1 to 99 years
    Arizona
    : 1 to 22 years
    Arkansas
    : 5 to 20 years
    California
    : 0 to 10 years
    Colorado
    : 2 to 6 years
    Connecticut
    : 1 to 10 years
    Delaware
    : 1 to 5 years
    DC
    : 0 to 30 years
    Florida
    : 0 to 15 years
    Georgia
    : 0 to 15 years
    Hawaii
    : 0 to 10 years
    Idaho
    : 0 to 15 years
    Illinois
    : 1 to 28 years
    Indiana
    : 2 to 20 years
    Iowa
    : 1 to 25 years
    Kansas
    : 0 to 172 months
    Kentucky
    : 0 to 10 years
    Louisiana
    : 3 to 30 years
    Maine
    : 6 months to 10 years
    Maryland
    : 0 to 5 years
    Massachusetts
    : 30 days to 15 years
    Michigan
    : 0 to 20 years
    Minnesota
    : 0 to 10 years
    Mississippi
    : 5 to 25 years
    Missouri
    : 0 to 15 years
    Montana
    : 0 to 30 years
    Nebraska
    : 1 to 50 years
    Nevada
    : 2 to 25 years
    New Hampshire
    : 0 to 15 years
    New Jersey
    : 5 to 10 years
    New Mexico
    : 0 to 6 years
    New York
    : 0 to 15 years
    North Carolina
    : 15 to 480 months
    North Dakota
    : 0 to life imprisonment
    Ohio
    : 1 to 15 years
    Oklahoma
    : 0 to 1 year
    Oregon
    : 0 to 20 years
    Pennsylvania
    : 0 to 10 years
    Rhode Island
    : 5 to 20 years
    South Carolina
    : 1 to 25 years
    South Dakota
    : 0 to 15 years
    Tennessee
    : 8 to 60 years
    Texas
    : 2 to 20 years
    Utah
    : 0 to 15 years
    Vermont
    : 1 to 15 years
    Virginia
    : 1 to 20 years
    Washington
    : 31 to 177 months
    West Virginia
    : 90 days to 10 years
    Wisconsin
    : 0 to 40 years
    Wyoming
    : 0 to 20 years
    *Time is listed as approximate as an offender may be charged with other crimes which may add on to the sentence.
    Last edited by DnvrFox; 08-23-12 at 08:35 PM.
    DnvrFox - still bicycling, swimming, walking and weight lifting at 74yo is participating a bit in BFN 50+.

  6. #6
    Semper Fi, A way of life. qcpmsame's Avatar
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    Interesting spread in the possible sentences across the states. Florida has seen a sharp increase in the length of DUI manslaughter convictions of late. Several cases in our judicial district have seen the accused held on very high bonds or denied a bond all together. Our two counties have had a long string of high profile cases long this vein. The judges here are handing down some long sentences.

    I cannot stomach any drinking and driving or other actions under any influence or distractions. Too many innocent people are getting killed or maimed for life by DUI drivers. We have a case of a young girl hitting and severely injuring a bicyclist and leaving the scene. Very convoluted facts here, she got away with no DUI charge at first. Later toxicology reports and the Highway Patrol reconstructing her line of actions that night and then charging her. But not before she was arrested for another DUI a few weeks ago.

    Thanks for the research on the state possible sentences Denver, food for thought.

    Bill
    "I Can Do All Things Through Christ Who Strengthens Me" Philippians 4:13

  7. #7
    Senior Member Bikey Mikey's Avatar
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    OMG!!!! 0-1 year in Oklahoma! Was that a typo?

  8. #8
    Around now and then DnvrFox's Avatar
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    Quote Originally Posted by qcpmsame View Post
    Sorry about that I forgot the paper said he was in critical condition for a minute, edited the reply to correct the stupid error. I hope they can at least get a DUI causing severe injuries like Florida has. This ups the sentencing options available to the courts.
    It is now manslaughter - he died.
    DnvrFox - still bicycling, swimming, walking and weight lifting at 74yo is participating a bit in BFN 50+.

  9. #9
    feros ferio John E's Avatar
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    This scenario is what terrifies me most when cycling. Distracted drivers may be an even bigger problem, because they are more numerous than the drunks. I hope she gets a judge who is willing to throw the book at her.
    "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
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  10. #10
    Semper Fi, A way of life. qcpmsame's Avatar
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    My prayers for his family and friends, thanks for the update Denver, so sad to read of another death in the cycling community.

    Bill
    Last edited by qcpmsame; 08-26-12 at 06:21 AM.
    "I Can Do All Things Through Christ Who Strengthens Me" Philippians 4:13

  11. #11
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    Quote Originally Posted by John E View Post
    This scenario is what terrifies me most when cycling. Distracted drivers may be an even bigger problem, because they are more numerous than the drunks. I hope she gets a judge who is willing to throw the book at her.
    Maybe. A distracted driver is usually only distracted for part of his/her drive. An intoxicated motorists is intoxicated for the whole thing, so we have to correct for the total time of distraction versus the relative number of phone-holders versus drunk/drugged folks. Where I live, the phone holders appear to be about 10% of all motorists and I would guess they are distracted about 10% of their drive (although it could be higher), which would be equivalent to 1% of all motorists being distracted. Sadly, the NHSA has estimated that after 10:00 P.M., 16% of all motorists are intoxicated (half on marijuana). Of course we also have the motorists who are both distracted and intoxicated.

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