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  1. #2001
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    Fuck that fucker riding on the sidewalk.

  2. #2002
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    Quote Originally Posted by ####### View Post
    Thanks! Yeah, their insurance covered the bike, helmet (even though it wasn't damaged), iPhone (that probably saved my lower back) and a days pay. I have a friend that works at Specialized look at the frame and said it looks fine, no dents or cracked welds, and he actually found the last AWOL fork on the continent in their backshop so it will ride another day.

    I had a few coworkers tell me to get a lawyer and take them to the cleaners, but didn't feel it necessarily right or justified, all things considered.
    I got hit 3.5 years ago, ICBC (provincial govt monopoly insurance company) offered me $6000 plus physio, chiro, massage (medical covered because, Canada eh). A lawyer friend said that was super lowball so i hired him. I didnt sue the driver, we negotiated a better settlement for pain and suffering and cost of future care. Finally settled 2 weeks ago, got a wad of cash and continued physio for my hand (first point of contact). The driver's insurance premium will go up but that's all he'll see. First thing I did was buy a bike.

  3. #2003
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  4. #2004
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    https://jalopnik.com/another-group-o...thi-1848000151

    A driver ran over three cyclists this past Saturday in Liberty County, Texas. The impact killed 51-year-old cyclist, Kent Wosepka, and injured two other cyclists, both women in their mid-to-late fifties. The 66-year-old driver who ran them over has not been charged with a crime, according to a report from Chron, and he was released from the scene shortly after being questioned by police.

    The man who hit the cyclists was driving a 2014 Ford Escape and according to police reports he failed to control his speed, per KTRK and Chron. Despite the failure to control his speed, the driver was neither cited nor detained.

  5. #2005
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    I don't have a problem with people who can be easily found being released pending investigation for most crimes, as long as the person is not a threat to the community. That seems to be a frequent practice--for white people. The whole ritual of handcuffing, arresting, incarcerating until a bail hearing is overused.
    Now if the guy gets off with no or minimal punishment in the end, that's a different story.

  6. #2006
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    Perhaps release him after temporarily pulling his license/impounding his weapon, err, truck?

  7. #2007
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    In Washington, the longest a person can be held after an offense, but before they are criminally charged, is 72 hours. I assume other states have a similar rule (only at Guantanamo Bay does the US think it is ok to hold someone indefinitely despite no charges filed). And for vehicular homicide cases, it normally takes way more than 72 hours to complete the investigation (blood draw must be analyzed, accident reconstruction done). So it is very normal for a person who commits vehicular homicide to be booked in jail by the police, but then released prior to the 72 hours expiring. This rule applies to every crime, even murder. If investigation can't be completed within 72 hours, but the suspect is a danger to community or risk of flight, the prosecutor can go ahead and charge (assuming they have enough evidence to establish probable cause) and continue to investigate after charging. The risk of doing this is an in custody person has a right to trial within 60 days, so a defendant could push for a fast trial before the prosecutor has all the evidence available against the defendant.

  8. #2008
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    90-year sentence tossed in 2019 Mardi Gras bicyclist deaths; A Louisiana appeal court has thrown out the 90-year prison sentence for a drunken driver who struck nine bicycle riders near a Mardi Gras parade route in 2019, killing two of them

    https://abcnews.go.com/US/wireStory/...clist-81013034

    The defendant in this case can still get a 90 year sentence, though. The appeal court just ruled that the trial court judge did not adequately state their basis for giving the exceptional sentence. The appeal court did not rule the trial court is not legally able to give the 90 year sentence. So the end result could be the same, or it could be reduced (up to the trial court judge again).

  9. #2009
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    Some good news.
    The audacity of the defendant’s lawyer’s case is absurd.

    https://www.bikelaw.com/2021/11/felo...waller-driver/
    Forum Cross Pollinator, gratuitously strident

  10. #2010
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    ^^^^ That's excellent news. Here's hoping that justice will be served.
    ride bikes, climb, ski, travel, cook, work to fund former, repeat.

  11. #2011
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    Get im.

  12. #2012
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    So what's an appropriate sentence for the 16 year old defendant?

  13. #2013
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    Texas law penalty for aggravated assault is from two to 20 years.
    Texas is well known as retributive over restorative justice, and for charging minors as adults.

    So, IMHO, Incarcerate until he’s 21.

  14. #2014
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    Quote Originally Posted by TBS View Post
    Texas law penalty for aggravated assault is from two to 20 years.
    Texas is well known as retributive over restorative justice, and for charging minors as adults.

    So, IMHO, Incarcerate until he’s 21.
    Plus lifetime requirement to only drive a Smart car or Prius.

  15. #2015
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    Quote Originally Posted by TBS View Post
    Texas is well known as retributive over restorative justice, and for charging minors as adults.
    Something tells me that's not applied fairly across racial lines.

  16. #2016
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    inpdx
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    20,177

    Fu*king Cyclists

    There really should be a requirement for people to cycle on the road before getting a driving license. It would put so much into perspective regarding the mass & speed differentials that go unnoticed in our big metal boxes.

  17. #2017
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    slc
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    Quote Originally Posted by TBS View Post
    Texas law penalty for aggravated assault is from two to 20 years.
    Texas is well known as retributive over restorative justice, and for charging minors as adults.

    So, IMHO, Incarcerate until he’s 21.
    Works for me.

  18. #2018
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    Quote Originally Posted by altasnob View Post
    So what's an appropriate sentence for the 16 year old defendant?
    It's really hard to say, but what is certain in this case is that it wasn't just a harmless mistake. The kid intended to, at least, mortally frighten the cyclists. A slap on the wrist is not appropriate.

    Imagine if he were a POC doing some kind of stupid swerving and the victims were white girls walking to their sorority. Does anyone think such a perpetrator would ever see the outside of a jail cell in TX (if the responding popo didn't just kill him on sight)?

    I guess that what I hope will happen is that it will be a nationally famous case and that awareness will be raised. Some kind of serious financial penalty for the parents (teachers of the coal roll and passers-on of the disregard for the lives of other road users) is definitely in order. The kid def needs to spend some time in jail, but throwing away the key doesn't accomplish anything for society.
    ride bikes, climb, ski, travel, cook, work to fund former, repeat.

  19. #2019
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    Quote Originally Posted by climberevan View Post
    It's really hard to say, but what is certain in this case is that it wasn't just a harmless mistake. The kid intended to, at least, mortally frighten the cyclists. A slap on the wrist is not appropriate.

    Imagine if he were a POC doing some kind of stupid swerving and the victims were white girls walking to their sorority. Does anyone think such a perpetrator would ever see the outside of a jail cell in TX (if the responding popo didn't just kill him on sight)?

    I guess that what I hope will happen is that it will be a nationally famous case and that awareness will be raised. Some kind of serious financial penalty for the parents (teachers of the coal roll and passers-on of the disregard for the lives of other road users) is definitely in order. The kid def needs to spend some time in jail, but throwing away the key doesn't accomplish anything for society.
    Agreed on all points.

  20. #2020
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    Aug 2020
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    Quote Originally Posted by climberevan View Post
    It's really hard to say, but what is certain in this case is that it wasn't just a harmless mistake. The kid intended to, at least, mortally frighten the cyclists. A slap on the wrist is not appropriate.

    Imagine if he were a POC doing some kind of stupid swerving and the victims were white girls walking to their sorority. Does anyone think such a perpetrator would ever see the outside of a jail cell in TX (if the responding popo didn't just kill him on sight)?

    I guess that what I hope will happen is that it will be a nationally famous case and that awareness will be raised. Some kind of serious financial penalty for the parents (teachers of the coal roll and passers-on of the disregard for the lives of other road users) is definitely in order. The kid def needs to spend some time in jail, but throwing away the key doesn't accomplish anything for society.
    Well, it would send a loud message to the other assholes on the road that think it’s fun to fuck with pedestrians and bicyclists that they can face very real, life altering consequences for permanently altering someone else’s life.

    Frankly I think a) the kid does some jail time b) he pays everyone’s costs, even if it takes him the rest of his life to make payments on it, c) community service after release from jail primarily focused on driver education and d) I’m serious, he doesn’t get to own a truck and has to drive some small, low power vehicle.

  21. #2021
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    I don't think it's necessary to compare his situation to a hypothetical POC doing the same thing to determine a sentence to answer the question of what should punishment look like. If the facts are clear and he was menacing innocent people and killed / injured them due to a severe lack of judgement, it still doesn't make me favor jail time for minors just because in this case I am a cycling advocate.

    It doesn't seem unconstitutional though to give him pretty stiff community service for many years. Also, he should not be able to drive a car for what, maybe ten years? I also don't think he should be able to own a gun for the same period of time for the same lack of judgment. There should be separate charges for the parents though imo because he is under their care. Why did they let him drive a souped up car unattended? By obviously condoning or encouraging his behavior they are at fault to some degree, financially for sure, but maybe one of them should see the inside of a clink.
    j'ai des grands instants de lucididididididididi

  22. #2022
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    Quote Originally Posted by rideit View Post
    Some good news.
    The audacity of the defendant’s lawyer’s case is absurd.

    https://www.bikelaw.com/2021/11/felo...waller-driver/

    Really? I couldn't find the defense attorney's statements ["The defendant's lawyer's case"] in your link. Just analysis from an opposing law firm representing one or more of the bicyclists.

    How the can you call the defense "Audacious" and "Absurd" when you haven't heard a word of it? God damn.
    Last edited by highangle; 11-09-2021 at 09:51 AM.

  23. #2023
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    Feb 2008
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    2,591
    Quote Originally Posted by old_newguy View Post
    Well, it would send a loud message to the other assholes on the road that think it’s fun to fuck with pedestrians and bicyclists that they can face very real, life altering consequences for permanently altering someone else’s life.

    Frankly I think a) the kid does some jail time b) he pays everyone’s costs, even if it takes him the rest of his life to make payments on it, c) community service after release from jail primarily focused on driver education and d) I’m serious, he doesn’t get to own a truck and has to drive some small, low power vehicle.
    I think he shouldn't be allowed to hold a driver's license for 5-10 years after getting out of jail.

  24. #2024
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    Ok, mr. indignant, I’m going off the article, obviously.
    Do you agree that the 17 year old was ‘inexperienced’ , and it was simply an accident, when he actively was rolling coal in a modified vehicle?

    Because that is absurd.
    Forum Cross Pollinator, gratuitously strident

  25. #2025
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    Oct 2004
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    If I understand correctly there was an adult (21+?) passenger in the truck.
    You can bet he, and the parents, are gonna get the shit beat out them in civil court once this is over. Doubtful their insurance will cover the claims for six badly injured people.

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