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


Go Back   > >

Fifty Plus (50+) Share the victories, challenges, successes and special concerns of bicyclists 50 and older. Especially useful for those entering or reentering bicycling.

User Tag List

Reply
 
Thread Tools Search this Thread
Old 08-23-12, 06:15 PM   #1
DnvrFox
Banned.
Thread Starter
 
DnvrFox's Avatar
 
Join Date: Aug 2001
Bikes:
Posts: 20,916
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
50+ Bicyclist Hit and Run DUI Critical Injuries Lakewood, CO

http://www.denverpost.com/news/ci_21...-involving-car
DnvrFox is offline   Reply With Quote
Old 08-23-12, 07:40 PM   #2
qcpmsame 
USMC, 1975-1977
 
qcpmsame's Avatar
 
Join Date: Jan 2008
Location: Pensacola, Florida
Bikes: '12 CAAD 10 Ultegra, '78 Medici Pro Strada
Posts: 9,438
Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Quoted: 88 Post(s)
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
__________________
"I did not choose to have Parkinson's Disease, I choose to not allow it to control my life." Davis Phinney

I Can Do All Things Through Christ Who Strengthens Me. Philippians 4:13 NIV

Last edited by qcpmsame; 08-23-12 at 08:08 PM. Reason: Correct really dumb error
qcpmsame is offline   Reply With Quote
Old 08-23-12, 07:58 PM   #3
DnvrFox
Banned.
Thread Starter
 
DnvrFox's Avatar
 
Join Date: Aug 2001
Bikes:
Posts: 20,916
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
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 is offline   Reply With Quote
Old 08-23-12, 08:09 PM   #4
qcpmsame 
USMC, 1975-1977
 
qcpmsame's Avatar
 
Join Date: Jan 2008
Location: Pensacola, Florida
Bikes: '12 CAAD 10 Ultegra, '78 Medici Pro Strada
Posts: 9,438
Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Quoted: 88 Post(s)
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.
__________________
"I did not choose to have Parkinson's Disease, I choose to not allow it to control my life." Davis Phinney

I Can Do All Things Through Christ Who Strengthens Me. Philippians 4:13 NIV

Last edited by qcpmsame; 08-23-12 at 08:12 PM.
qcpmsame is offline   Reply With Quote
Old 08-23-12, 08:31 PM   #5
DnvrFox
Banned.
Thread Starter
 
DnvrFox's Avatar
 
Join Date: Aug 2001
Bikes:
Posts: 20,916
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
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 is offline   Reply With Quote
Old 08-24-12, 06:08 AM   #6
qcpmsame 
USMC, 1975-1977
 
qcpmsame's Avatar
 
Join Date: Jan 2008
Location: Pensacola, Florida
Bikes: '12 CAAD 10 Ultegra, '78 Medici Pro Strada
Posts: 9,438
Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Quoted: 88 Post(s)
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 did not choose to have Parkinson's Disease, I choose to not allow it to control my life." Davis Phinney

I Can Do All Things Through Christ Who Strengthens Me. Philippians 4:13 NIV
qcpmsame is offline   Reply With Quote
Old 08-24-12, 07:40 AM   #7
Bikey Mikey
Senior Member
 
Bikey Mikey's Avatar
 
Join Date: Oct 2011
Location: Newport News, VA USA
Bikes: Diamondback Edgewood LX; Giant Defy 1
Posts: 3,325
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
OMG!!!! 0-1 year in Oklahoma! Was that a typo?
Bikey Mikey is offline   Reply With Quote
Old 08-25-12, 11:08 AM   #8
DnvrFox
Banned.
Thread Starter
 
DnvrFox's Avatar
 
Join Date: Aug 2001
Bikes:
Posts: 20,916
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
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 is offline   Reply With Quote
Old 08-25-12, 11:18 AM   #9
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: 17,163
Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Quoted: 101 Post(s)
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
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 08-25-12, 11:31 AM   #10
qcpmsame 
USMC, 1975-1977
 
qcpmsame's Avatar
 
Join Date: Jan 2008
Location: Pensacola, Florida
Bikes: '12 CAAD 10 Ultegra, '78 Medici Pro Strada
Posts: 9,438
Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Quoted: 88 Post(s)
My prayers for his family and friends, thanks for the update Denver, so sad to read of another death in the cycling community.

Bill
__________________
"I did not choose to have Parkinson's Disease, I choose to not allow it to control my life." Davis Phinney

I Can Do All Things Through Christ Who Strengthens Me. Philippians 4:13 NIV

Last edited by qcpmsame; 08-26-12 at 06:21 AM.
qcpmsame is offline   Reply With Quote
Old 08-25-12, 06:29 PM   #11
TheHen
Senior Member
 
Join Date: Jul 2010
Bikes:
Posts: 790
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
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.
TheHen 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 12:31 AM.