Heyyyy i want one of em bike lane closed Signs! :D
Ninja biker09.1.10 - 1:35 pm
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HA! That's a story I'll have to tell at some point.
Thanks for the post Roadblock.
Alex Thompson responding to a
comment by Ninja biker
09.1.10 - 1:40 pm
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I'm liking the Life before License campaign. Hit and Run drivers who kill should lose their license FOREVER. That seems like something that could pass in legislation....
Roadblock responding to a
comment by Alex Thompson
09.1.10 - 1:42 pm
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Thanks
and twittering it as lindsey lohan hehehe
Ninja biker responding to a
comment by Foldie
09.2.10 - 1:33 pm
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intro to the survey states: "Hit and run which only damages property is a misdemeanor. Hit and run which injures or kills someone is a felony."
this is not totally correct.... as I understand it, the law is known as a wobbler law it can go either felony or misdemeanor depending on the extent of injury. hit and run with results in "great bodily injury" typically indicated by the breaking of bones is a felony. hit and run that results in injury like soft tissue damage typically a misdemeanor.
Roadblock09.2.10 - 2:32 pm
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The text of the law reads "injury" - no qualification. The possible prison terms and fines bump up in the case that the injury is "permanent, serious injury" as defined as:
(d) As used in this section, "permanent, serious injury" means the loss or permanent impairment of function of a bodily member or organ.
To me it looks like it's felony hit and run if someone is injured, and you can upgrade the punishment if the injury is greater.
CVC 20001
CVC 20002
Alex Thompson responding to a
comment by Roadblock
09.2.10 - 7:03 pm
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I found out the hard way that the CA wobbles oN whether the injury causes broken bones. Soft tissue injury with No broken bones = misdemeanor. injury including broken bones and permanent damage = felony.
In other words not all injuries qualify for felony at least that's how it is in practice... I'd like to see that wobbled threshold of broken bones lowered somehow, not sure what the criteria would be...
Roadblock responding to a
comment by Alex Thompson
09.2.10 - 10:40 pm
reply
Actually it's not even the CA that gets to wobble. The cases are directed to either the DA (who handles felonies) and the CA (who handles misdemeanors) by the detective on the case. A point I've raised at city council before was that all hit and run cases should be sent direct to the DA to reject, so that this elected official could be accountable for rejecting cases to the CA. As it is, I don't think there's a way to track cases that get passed on. The detectives are making that decision instead. I think that's part of the problem. Detectives shouldn't be doing the work of lawyers and elected attornies....
Roadblock09.2.10 - 10:49 pm
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Is the question where's the next Life Before License meeting?
I think Sunday Sept. 12 1-3 PM
Hollywood Adventist Church - classroom
1711 North Van Ness Avenue
Hollywood, CA 90028
But check Bikeside via email at contact@bikesidela.org to confirm (their calendar doesn't seem to post it)
champagne responding to a
comment by Ninja biker
09.7.10 - 8:04 pm
reply
This phenomenon is not unique to hit & run cases. Due to the volume of cases in Los Angeles, many many wobblers are prosecuted as misdemeanors that would most likely be filed as felonies if someone were to commit them in a neighboring county. There are all types of serious offenses that get misdemeanor treatment in Los Angeles: domestic violence, assault with a deadly weapon, grand theft, various types of identity theft + fraud, DUI with injuries etc. It also relates to the ongoing debate re. throwing too many people into prison. If all the hit & run cases were brought before the DA for the reject rubber stamp, not much would change.
cascandal responding to a
comment by Roadblock
09.7.10 - 8:55 pm
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That might deter some people, but ask any cop in LA what perecentage of the drivers on the road either have a suspended license or no license at all and you will soon realize that a massive chunk of the drivers on the road couldn't care less about having their license suspended for life.
cascandal responding to a
comment by Roadblock
09.7.10 - 8:58 pm
reply
If the DA is rejecting cases, rather than having the investigating detective determine the fate of a case, then at the very least it is possible to collect data on number of cases rejected potentially assign a "soft on crime" label to an elected official based on that number.
Roadblock responding to a
comment by cascandal
09.7.10 - 9:17 pm
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You sure do have a point. Then the next logical step would be mandatory jail time and confiscation of the vehicle if you are caught driving with hnr suspended license.
Roadblock responding to a
comment by cascandal
09.7.10 - 10:07 pm
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Years ago during the bike boom in the 70's there was plan for a elevated bike path
over the 405 connecting Westwood to Brentwood.
Due to funding a compromise was made that allowed cyclist to go through the
VA hospital grounds and VA cemetary.
Things have changed and that no longer seems to be honored.
The exit at Sepulveda is closed at random times but the exit at Ohio is usually open.
You can avoid the Wilshire frwy ramps by going through the VA via Ohio street.
Dedicated81809.7.10 - 10:39 pm
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Two of the main reasons that drivers hit & then run are:
a) they are drunk or
b) they have no license.
If they are under the influence of alcohol or drugs they figure that they have a chance at avoiding a DUI and even if they do get caught later on the penalties for hit & run aren't usually as serious as the penalties for DUI.
The unlicensed driver issue opens up the immigration debate can of worms. As we all know, there are millions of illegal aliens in LA. They have to get to work just like everyone else. If you are here illegally, you can't get a CA drivers license. If you don't have a license, insurance is an issue too. If you are in this category and you have an accident, you are in fear of arrest, deportation etc. so you figure you better split.
cascandal responding to a
comment by Roadblock
09.8.10 - 7:19 am
reply
Another problem is that the "tough on crime" pendulum seems to be swinging in the other direction at the moment. After years of tough sentencing laws, the jails & prisons are bursting at the seams and we just can't afford to lock people up any more. The LA County Jail is the prime example. In order to relieve overcrowding, people are released after serving a tiny fraction of their sentences. The amount of time people actually do is anyone's guess since the sheriff changes it up from day to day. In some cases someone sentenced to LA County Jail actually goes in the front door and out the back on the same day.
cascandal responding to a
comment by Roadblock
09.8.10 - 7:22 am
reply
@ Roadblock, btw I'm not trying to be a Debbie Downer. As a cyclist and citizen I'm as furious as the next person at the way some drivers literally get away with murder. I'm just pointing out some of the obstacles we face as well as some of the forces at work in the various bureaucracies that deal with this issue.
cascandal responding to a
comment by Roadblock
09.8.10 - 7:29 am
reply
Dedicated,
Aware of all of that - was actually at a meeting with Waxman's district director Lisa Pinto where this was discussed . . . but no progress was made. Keep in mind Ohio is .46 miles to the south, and thus cyclists will attempt the 405/VA crossing.
Next vlog hopefully today.
Alex Thompson responding to a
comment by Dedicated818
09.8.10 - 10:47 am
reply
Not trippin at all this stuff needs to all be discussed and hashed out. Every possible outcome and reality should be Forecast. I appreciate the feedback. Perhaps it would make sense to study the situation / laws in areas where hit and run incidents are low (wherever that is)
Roadblock responding to a
comment by cascandal
09.8.10 - 10:58 am
reply
Your VLOG should feature P-HULK. Force P-HULK to do situps on camera, at least 20 seconds worth.
Or, at least a random punchline from E-HULK.
jericho1ne responding to a
comment by Alex Thompson
09.8.10 - 11:27 am
reply
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Ridazz Roulette!
