Sacramento Criminal Defense Lawyer Blog

Two trials from southern California this month highlight the dangers of bicycle riding on California's crowded roads and the consequences for motorists who injure or kill bicyclists.

One incident, from 2008, involved Christopher Thompson, a doctor from the wealthy Los Angeles enclave of Brentwood. While driving to work on Mandeville Canyon Road, Thompson apparently became angry at a group of bicyclists, pulled his car ahead of them and then slammed on his breaks, causing serious injuries to two of the riders. Thompson claimed that the cyclists were making it hard for him to pass and making obscene gestures toward him, and he was stopping merely to get a photograph as evidence. The jury nonetheless found him guilty of assault with a deadly weapon and mayhem, and the judge sentenced him to five years in prison.

The other incident, from 2009 in San Diego County, involved a man who was driving his BMW in a bike lane and hit and killed a cyclist. Since the driver claimed to have never seen the cyclist and wasn't under the influence of drugs or alcohol, he was found to be merely negligent, meaning he was inattentive and careless rather than reckless or willfully hurtful. His conviction of misdemeanor manslaughter comes with three years probation, fines of $700, and mandated community service of 100 hours.

Both cases draw attention to the need for more bike lanes throughout the state and improved education of drivers of the need to share the road with cyclists. Bicyclists must also be aware of the need to obey all traffic laws. As California's roads become more congested, and more people take to riding their bikes to improve their health and save on transportation costs, we have to figure out how these two modes of transportation can coexist.

"Los Angeles Doctor Gets 5 Years For Injuring Cyclists," Los Angeles Times, January 9, 2010

"Criminal Penalties Limited When Cars Hit Cyclists," North County Times, January 16, 2010

The new year brings a slew of new laws for Californians, more than 800 in fact. In addition to SB 598, which we profiled in our January 4 post, these new laws include:

SB 159 and SB 240 - require California motorists to slow down and, if possible, move to a lane away from emergency personnel, CalTrans workers, and tow truck drivers.

AB 576 - defines cities and counties as victims of graffiti, allowing them to seek restitution from taggers.

AB 962 - requires sellers of ammunition to keep a record of sales and ask for identification from purchasers.

AB 58 - defines participation in a sports betting pool (like an office might organize for the Super Bowl) as an infraction, as long as the pool is for less than $2500 (previous law categorized this as a misdemeanor or felony).

And finally our favorite (though it doesn't deal with criminal law), AB 606, which creates the California Blueberry Commission to "carry out programs of education, promotion, marketing, and research relating to blueberries." Believe it or not, the text of this law is over 7000 words! The Blueberry Commission is estimated to cost $1.2 million, paid for by the blueberry industry.

This Friday, December 18, the Sacramento Police Department will conduct a sobriety and drivers license checkpoint in south Sacramento, while CHP will have one in Rancho Cordova. These are the first of at least eight traffic screenings that law enforcement in the Sacramento region plans over the next two weeks.

Sacramento drivers are receiving particular scrutiny because of data showing that Sacramento ranks at the top of U.S. cities larger than a population of 250,000 in terms of injuries and fatalities caused by alcohol-related traffic accidents.

We strongly advise everyone to not drive after consuming alcohol or ingesting narcotics. The risk of injury to yourself and others is real, and the legal consequences can be severe. Moreover, California law enforcement conducts more DUI checkpoints than any other state and that number is only going to increase throughout 2010, dubbed by public safety agencies as the "Year of the Checkpoint." With district attorney's offices and courts pushing for harsher and harsher penalties for drunk drivers, you are well served to do whatever it takes to keep yourself and family and friends from driving while intoxicated. See our December 11 and August 18 posts for more information.

If you or someone you know is cited for a DUI, get experienced and knowledgeable legal representation. Contact the Law Office of Nancy King if you have any questions.

Sobriety and Drivers License CheckPoint Notification, Sacramento Police Department

CHP to conduct DUI checkpoint on Friday in Sacramento County, Sacramento Bee, December 16, 2009

More checkpoints bolster statewide, Sacramento DUI push, Sacramento Bee, December 17, 2009

With the holidays approaching and many people taking to the roads to visit family and friends, we thought it a good time to provide some highway safety data from Traffic: Why We Drive The Way We Do (And What It Says About Us), by Tom Vanderbilt. If you haven't read Traffic, get a copy and read it this weekend as you stay inside to avoid the rain. It's a tremendously interesting book that uses clear, accessible language to explain research on all aspects of life affected by motor vehicles and roads, including why it's best to form a single line when traffic merges from one lane down to two, the astonishing extent to which people are unaware of what's going on around them as they drive, and why roundabouts are safer than traffic signals.

The part of the book we'll focus on concerns the risk factors that contribute to traffic accidents.

• Speed: People in an accident at 50 miles per hour are fifteen times more likely to die than they are at 25 miles per hour
• Alcohol: Alcohol slows reflexes and diminishes the brain's ability to evaluate risk
• Gender: Men are more likely across all age groups to be involved in auto accidents
• Age: Teenagers are involved in more crashes because they lack experience behind the wheel, underestimate risk, and engage in activities that distract their attention, like talking on a cell phone
• Rural, non-interstate roads: The rate at which accidents occur is higher on country roads than it is on city streets

Interestingly, when analyzing accidents by profession, doctors are among the most accident-prone, perhaps because they tend to rush to and from work and can be fatigued after a long shift. Firefighters and pilots are toward the bottom of the risk list, perhaps because they are attuned to safety and their jobs give them skills that make them better drivers.

So as you enjoy time with family and go to end of the year parties, take it slow and be safe while on the roads. A little caution and some common sense can prevent injury, avoid entanglement with law enforcement, and make for a happy holiday season.

Tom Vanderilt's blog: How We Drive