Category Archives: carlaw

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

Driver arrested in quintuple(!) fatality — excessive speed and red-light-running alledged

A driver was arrested on suspicion of five counts of manslaughter (see homicide categories) and 3 aggravated assaults. What makes this unusual is the absence of suspicion of DUI. We shall see what the prosecutor does with it. This is a tantalizing comment: “data recorded when the truck’s airbags deployed substantiated detectives’ findings that Myers was driving at ‘an excessive speed,’ “. Data recorder? We (the public) often hear that these sorts of crashes are tragedies but not crimes — because the prosecutor claims that they can’t prove anything. Continue reading Driver arrested in quintuple(!) fatality — excessive speed and red-light-running alledged

Double Jeopardy and Flawed Logic

ARS §28-1592 specifies the time limit for bringing a civil traffic violation. Sort of like the “statute of limitations” for traffic tickets. The normal limit is 60/90 days, but for alleged violations when there is a wreck and investigation the limit is 180 days, and extends to a full year if a fatality is involved.

The rub is that police (cities? jurisdictions?) won’t issue complaints for a traffic violation if there is any sort of ongoing investigation, an incipient neg hom/manslaughter charge for example… and these things do seem like they can drag on forever. They appear to do this in an overabundance of caution — claiming “double jeopardy” issues. As far as I can tell there can be no double jeopardy between civil and criminal.

The end result is that drivers who would clearly be found responsible for a traffic infraction frequently end up getting off scot free; when the criminal case falls through for whatever reason. See e.g. Kandas. Or sometimes it is just an oversight on the part of police. It seems clear that the driver responsible for the Eades fatality could have / should have been cited for §28-701 “failure to control”.

Talk about getting away with murder…

Yet police didn’t confiscate her driver’s license. Had this been a DUI case, Sgt. Joel Tranter told me, they would have taken it and notified the state Motor Vehicle Division so it could administratively suspend Gilbert’s license. But police don’t pursue DUI charges in manslaughter cases, for fear of jeopardizing the more serious charges.

“The (administrative suspension) law does not apply to homicide or aggravated assault cases because those are criminal,” Tranter explained. “They aren’t traffic investigations.”

In other words, if you drive drunk, you lose your license. But if you drive drunk and kill someone, you can keep driving.

Hentoff [the victim’s family’s attorney] calls the police department’s interpretation of the law “absolutely flawed logic.”

Driver in DUI-death case still at the wheel, Laurie Roberts, The Arizona Republic. Aug. 25, 2007

We’ve heard this double jeopardy business before from the police department, Continue reading Double Jeopardy and Flawed Logic

Off duty uninsured DPS officer

UPDATE2, Feb 24, 2009: Aguilera was found guilty at trial. Sentencing is scheduled for April 24. Here is a wild picture of the wreck — the motorcycle is impaled upright in the grill of Aguilera’s car… was speed a factor?

UPDATE1: The Aguilera case is going to trial. You can see the wheels of justice slowly grinding via the superior court’s website.The crash occurred May 2007; it’s now Feb 2009. It appears that the case being brought was solely due to the alchohol content (which fits the pattern — in the mind of the county attorney’s office there is never any criminal culpability outside the context of alcohol ).

In October 2007, news reports said Aguilera had a 0.057 BAC four hours after the crash. He was indicted on aggravated assault (and not DUI). The assault charges are far more serious:

Thomas said Tuesday said he believes the aggravated assault charges will stick, and even if Aguilera’s blood alcohol level would have been above the legal limit, Thomas said his office likely wouldn’t have asked for charges of a misdemeanor DUI.


Interesting points:An off-duty DPS officer, in his uninsured vehicle is accused of causing the wreck. This case is moving pretty quickly — the crash occurred May 4th 2007, 2 months ago. The link to DUI is hinted at, but results still not in (not unusual) — if other cases are any guide, the DUI status of Aguilera will determine whether or not criminal charges (aggravated assault?) are brought.

Continue reading Off duty uninsured DPS officer

Actual time served

The story Statistics prove Hilton is getting a raw deal  shows the seamy underbelly of American penal system. Because convicted car-criminals aren’t considered dangerous, they usually end up serving absurdly short amount of time — even for a serious offense like driving without a license while on probation for DUI! Hilton eventually served the full 23 days — but we are told that the “normal” amount of time actually served for similarly situated (but non-celebrity) individuals is 4 days. With FOUR TIMES the number of folks being killed on the highways as by “old fashioned” murderers (roughly 40,000 versus 10,000 per year in the US) perhaps it is time to rethink the notion of who is more dangerous.

The Los Angeles Times analysed two million jail releases and identified 1,500 cases since July 2002 that involved defendants arrested for drink driving and then sentenced to jail after violating their probation by driving without a licence.
Around 60 per cent left jail after four days…

Continue reading Actual time served