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Many, many thanks to the ridazz who showed up and made their voices heard, big time.
Did the cops resolve to do anything about the hit-and-run lady who was let go? Are they going to go get her sorry ass?
Those are some nice words. Sorry, but I'll believe it when I see it. Why should it take 30 days for them to start getting their officers educated on... the law? It's already in the CVC and the LAMC.
And how can they use "ignorance of cyclists' rights" as an excuse for not prosecuting a motorist who hits someone, something, ANYthing, and drives away? How can they?
The Chief of police and his #2 were at the transportation committee to listen to, address the concerns of cyclists.
I don't know if you caught this story yesterday but the official story from Ed's Lawyers is that LAPD recommended the case to be prosecuted to the CA and the DA who both refused.
Separate from that, the Chief & his #2 stroked us very hard. They listened and promised to do a lot of things. Its now up to us to pay attention and hold them accountable to their promises and whether those actions have any real effect on conditions for cyclists.
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Stilline showed up later in the meeeting, after the chief had left and was invited to speak by Ed Rosenthol. (Stilline had missed all the acknowledgment of greivences, platitudes and promises that Chief Beck made before he had to leave.)
Stilline SPIT FIRE at them. They murrmered, tried to get points in, mention that already addressed some for the points etc. Stilline was having none of it and unloaded a belligerent verbal smack-down. He then bailed out before the meeting concluded.
I greeted Assistant Cheif Paysinger after the meeting and he expressed is regret that Stilline had not been there for the entire meeting to hear all the great things they were going to do.
I told him, maybe it was for the better, because most people out there don't know about their promises and that Stilline's anger represents the feelings of many people in the community.
All in all I think it was a great meeting.
By the end the Transportation Committee had voted to look into fixing the Hit-and-Run laws (which they admittedly have a limited power to affect) and make a motion before the City Council to take such an action. With the assistant Cheif seeming to nod in agreement that this would be a positive step.
Everybody there pretty much agreed with our contention that Hit and Run laws are curved toward dealing with Car v. Car incidents and are insurrection for protecting all other types of road users.
i'll note that i some how let my spellchecker pick "insurrection" instead of "insufficient"
"Everybody there pretty much agreed with our contention that Hit and Run laws are curved toward dealing with Car v. Car incidents and are insufficient for protecting all other types of road users."
Alright, I'm glad all those promises were made. I'm sure they're groundbreaking and all. I reserve the right to be skeptical until I see cops on the streets, doing their jobs, in real life.
Hit and run is illegal no matter what you hit. I was a juror on a felony hit-and-run case and the prosecution was very thorough in describing what a hit-and-run was. What about the law do they think they have to revise to make it "more applicable" to non-motor vehicles? I don't understand. You hit someone with your car. You leave. Felony. Book 'em. Done.
Addendum:
I see in the Ed Magos case specifically that the DA and CA are at fault. More people to be pissed at. Doesn't mean I'm gonna stop wagging my finger at LAPD, just that I have to wag it in more directions now.
OK here is how it breaks down.
I'm no my way out so i don't have time for links and references but this is what my "research" has yielded sorry for lacking the exact specifics.
1) I believe the metric of "serious bodily injury" that they use to prosecute H&Rs is broken bones, serious disability, and death.
2) (i'm not positive about this) but I believe the metric used to dertime if a felonious level of property destruction is over $2,000 (not sure what teh exact level is but it is probably above the value of most bikes.
3) the standards for trying somebody of a hit and run usually involves, getting the license plate and seeing their face. 2 things that are really hard to do for downed pedestrians and cyclists.
4) Most cars are insured, in many cases their private insurance will do its own investigation to find a hit and run driver to reclaim their own costs.
These are all circumstances that mean that "equal" application of the law is not a "fair" application of the law.
Think about how gnarly a car accident has to be for somebody to break a bone. Think about how bad a cyclist can get hurt and how much damage can be done to their bike without breaking a bone.
Pretty much the only real investigations/ prosecutions/ conviction we have seen are hit and runs where somebody dies.
seriosuly, look over all teh hit and run threads and you will see this is the case.
As suspect as we have a right to be of the police and the CA & DA I think its folly to assume that they don't procecute thsese things because they "hate cyclists".
They are applying the law equally but our conditions are not equal, our circumstances are not equal, our level of suffering is not equal.
We need "more equal" (ie fair) prosecution of the law in teh short term.
But in the long term WE NEED A NEW HIT AND RUN LAWS THAT TREATS HIT AND RUNS AGAINST VUNERABLE ROAD USERS DIFFERENT THAT IT TREATS PEOPLE IN CARS.
trickmilla responding to a comment by outerspace
02.26.10 - 11:37 am
The case I served on was H&R but there was less than $2k in damage, the suspect's face was not identified (I don't know how you could ever identify the face of a suspect who is fleeing away from you), and there was no bodily injury. Are these standards are new?
I agree with you on all the points you're making. Having the law explicitly protect cyclists (and pedestrians, skateboarders, whatever... hell, even pets and property) is totally necessary.
I don't think it's folly to believe that the CA and DA are at least slightly mentally retarded to think that it makes any sense whatsoever to consider cycling accidents in the same light as motor vehicle accidents. I might be misinterpreting the role of the CA and DA, but I always imagined if they are going to hold so lofty a title as CA or DA, then it's their job to make these kinds of important distinctions properly, instead of just seeing "cyclist downed by silver SUV" and round-filing it because the medical bills didn't peak past a certain dollar value. You don't think if it was their own son / brother / father / friend, that the case would magically get prosecuted?
I don't know anything about your case, but if you look at teh hit and run archives you will find time and again that cases get drop because of lack of id. In Jen Diamond's case the city counil proposed a $25,000 reward for a witness that could id the driver. I;m not sure if it was ever approved but the bottom line is, no face id and teh case was droopped by the DA.
The case we recently saw in B.Hills was the same thing. I have heard this story over and over again. MANY hit and runs in L.A. never get prosecuted or properly investigated because of "lack of resources" that lack of resources forces them to "pick their battles" offensive crimes, that they have a good chance of winning.
Physical Harm and Property Damage are weighed against the strength of evidence against the defendant.
Right now the deck is stacked against cyclists in terms of the vicim being able to chase down the car that hit them, recording the plate, seeing the face, having a witness riding with them, etc.
On the other hand some of the other metrics that are used to determine the seriousness of the crime are based on property a standard for severe injury ie broken bones, that is based on ideas about car v. car accidents.
I know of a lot of people who have been fucked up by a car missed work, needed medical care, had long term pain, and never broke a bone.
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Ridazz Roulette!
The Chief of police and his #2 were at the transportation committee to listen to, address the concerns of cyclists.
"From their lips to god's ears!"