Category Archives: bikelaw

Mejia guilty of neg hom and hit-and-run in death of Walmsley

This is remarkable only in that the county attorney sought negligent homicide charges…

From an earlier azcentral story “On May 2, 2007, Mejia was arrested after deputies obtained a search warrant and gathered evidence from a Ford F-350 pickup truck linked to the hit-and-run suspect” .  The article doesn’t mention any allegations of evidence tampering(?).

Arizona Superior Court Docket CR2007-006287,  All case minutes. Here’s the Warrant to search the large 2007 pickup truck involved. Sentencing Minute from 6/17/2008 — I guess fairly standard, the charges are deemed “non-dangerous” and thus you can get a light sentence the negligent homicide is an F4 (class 4 felony; smaller number are more serious). One oddity was the hit-and-run was listed as an F3, whereas it should have been an F2 (because the defendant clearly caused the collision by driving on the wrong side of the road).

There are a lot of case minutes, including a request to be released early from probation, and numerous requests to revoke probation; finally in the 4/18/2014 minute “Defendant admits violation of probation for condition 1” (whatever that is, i can’t find it in the sentencing minute). It doesn’t seem like anything bad happened.

Mejia TR-200701627 speeding 2/28/2007 in Avondale Muni; dismissed w/driving school; a couple of months before he caused the fatal crash.

These cases from 2013/14 seem to have something only to do with the original case’s restituation, not a new criminal beef:  CR2013-462094 and CR2014-110154

 

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Avondale man gets 3 years in cyclist’s hit-run death
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Arizona Republic, The (Phoenix, AZ)-June 20, 2008
Author: Brent Whiting, The Arizona Republic

An 18-year-old Avondale man has been sentenced to three years in prison for killing a cyclist in a hit-and-run traffic crash.

Victor Manuel Mejia, who pleaded guilty to charges of negligent homicide and leaving the scene of a serious injury accident, also was placed on a five-year probationary term.

The sentence was handed down last Friday in Maricopa County Superior Court after relatives of Mejia and the victim, Bob Walmsley, were offered a chance to address the judge.

Walmsley, 65, of Sun City West, was killed April 9, 2007, while he and other cyclists were pedaling on 99th Avenue in the Southwest Valley, south of Interstate 10 near Southern Avenue.

He was hit by the driver of a pickup truck who was traveling north on 99th Avenue and was trying to pass another vehicle. The driver fled after striking Walmsley, according to sheriff’s investigators.

On May 2, 2007, Mejia was arrested after deputies obtained a search warrant and gathered evidence from a Ford F-350 pickup truck linked to the hit-and-run suspect.

Walmsley, a cycling enthusiast, moved to Arizona in 2000 after retiring in California as an engineer and computer programmer.

Applicability Statutes — why are there two?

How do the rules of the road apply to bicyclists?

28-812 Applicability of traffic laws to bicycle riders

Here is the general rule that applies to all “persons riding a bicycle”. The first order of business is the ascertain for sure whether or not the thing you’re riding is actually a bicycle by legal definition, so check out the definition of bicycle at §28-101(6), for example bicycles can have 3 wheels (go figure), and also one of the  wheels must be at least 16 inches in diameter.

Continue reading Applicability Statutes — why are there two?

BUI — Bicycling Under the Influence

PLEASE HELP ME UNDERSTANDemail me or leave a comment as to your interest in the subject… I am not a lawyer, I am not soliciting business, just wondering why all the interest in this subject???

It goes without saying that mixing bicycling and drinking is extremely dangerous — there I said it after all — but what about the law? Bicyclists in Arizona are subject to DUI law, Continue reading BUI — Bicycling Under the Influence

Cleapor Fatality — Mesa police stonewall

The stonewall has broken, and a flood of details that implicate the cyclist as being at fault in the collision have been released in an AZ Republic article published October 13, 2007. Why it took until now, weeks after Mesa police declared there would be no citations issued is baffling. Mesa police spokesman Detective Chris Arvayo could have (and in my opinion, should have) either released these explanations sooner, or simply stated the investigation was ongoing. He either said, or left the impression that the case was closed without saying why. Continue reading Cleapor Fatality — Mesa police stonewall

Moped and Motorized Bicycles in Arizona

[for an update involving troubles in Tempe, see Is your motorized bicycle a play vehicle?]

Every now and then an unusual story involving bicycles, in this case motorized bicycles, and a point of law comes along. Surely, this is one of those cases. It revolves around a relatively new law enacted last year, that defines a whole new category: motorized bicycles. See HB2796, 2nd Regular legislature (2006). Continue reading Moped and Motorized Bicycles in Arizona

Insurance Considerations

Bicycling & the LawI’m reading Bob Mionske’s excellent book Bicycling & the Law (available from velogear), here is what I distilled out of the section on car insurance and liability systems as it relates to Arizona.

Arizona operates on the traditional “tort liability” system. By comparison, the three other systems used in decreasing order of popularity are: no fault, hybrid, and choice. Continue reading Insurance Considerations