With the prevalence of dash cams, go pros, and smart phones, these sorts of videos have become more and more common, e.g. here’s another one from Oregon in 2015, Police credit cyclist’s video in careless driving citation: Continue reading ‘In the presence’ Requirement?
Holly Nicole Solomon was finally sentenced for aggravated assault yesterday for running her (at the time) husband over with her car soon after learning he didn’t vote in the 2012 presidential election. … see the rest here …
Arizona has no such crime, nor do we have a vehicular homicide statue. You’ve either assaulted someone or not; if you use a vehicle in an assault, you will be charged with aggravated assault, a serious felony. These cases far more commonly involve impaired drivers — an impaired driver who causes a crash w/injury are routinely charged with aggravated assault; e.g. the driver in the pedicab incident (sentenced to 4 years in prison). However from time to time, there are drivers who are just plain angry over something or other.
There’s a mis-conception that assault, §13-1203 requires causing actual physical injury; but that is not the case, merely “Intentionally placing another person in reasonable apprehension of imminent physical injury” creates the crime of assault. And aggravated assault §13-1204 is just an assault committed with some listed factor; in cases involving a motor vehicle: “If the person uses a deadly weapon or dangerous instrument”, or if the victim is seriously injured regardless of how.
[ Also see §13-1201, and §13-1202 which are the crimes of “Endangerment”, and “Threatening or intimidating”, respectively. These all sort of play together, note the statute numbering: 1201,2,3,4 ]. They are in rough-order of escalating seriousness:
- §13-1201 Endangerment
- §13-1202 Threatening or intimidating
- §13-1203 Assault
- §13-1204 Aggravated Assault
Also, in case you were wondering:
28-3304. Mandatory revocation of license; definition
A. In addition to the grounds for mandatory revocation provided.. the department shall immediately revoke the license of a driver…
1. A homicide or aggravated assault resulting from the operation of a motor vehicle. [effectively this causes a 3 year revocation per 28-3315E1]
Arizona has a criminal harassment law, it doesn’t appear to be particularly applicable to motorists who harass others on the road:
§13-2921 Harassment; classification; definition
E.g. would or could unwanted and otherwise illegal repeated horn-blowing or screaming qualify as “with intent to harass (by) … causes(ing) a communication…”?
In the context of bicyclists, see CA Attorney Seth Davidson’s article Report Card, where he stresses the need, neigh duty, to report such behaviors, which are nothing more or less than using a dangerous instrument to commit a crime.
Some Arizona Cases of Drivers Charged Criminally in Arizona
Here are the curious cases of Theresa Depiero and Holly Solomon Continue reading Vehicular Assault
[UPDATED 1/14/2014: according to tucsonvelo.com the driver was sentenced to 7 days in county on an apparent plea-deal that drops most of the charges. There is a civil suit working in Pima County court]
This one is so weird, i don’t want to lose track of it…. It’s been almost 7 months, what’s the deal? From tucsonvelo.com:
“One cyclist with the Jamis-Hagnes Berman cycling team was sent to the hospital and several others were injured during an assault by a Tucson motorist on Friday ( ~ 2/22/2013 ) morning around 11 a.m., according to a team rider … A Pima County Court record search identifies the (suspect) as Rodney Owen Kinkade Jr., 57. The court record lists it as an assault occurring on Friday and matches the crime map case number”
If you haven’t yet seen the actual video of the incident, it’s really remarkable.
Kudos to the Colorado Highway Patrol (and the prosecutors) for actually investigating; and bringing the driver to justice.
According to the Daily Camera, driver “James Ernst pleaded guilty to two counts of harassment — a Class 3 misdemeanor — and two counts of improper use of a horn — a traffic offense”, and received 12 months probation, including a court-ordered anger management class. Continue reading Driver convicted in Colorado horn-honking incident
This is one of those sorts of stories you hear but just can’t quite believe until you see the youtube video.
The cop gets indicted. And later on fired/resigned. Pogan fired (or resigned or whatever. the good news is he is no longer in law enforcement). Continue reading Some cops REALLY don’t like critical mass
[This article about the 2009 Doctor-criminal in LA, has become a repository of these flagrant, intentional acts, with the advent of omnipresent video recording, these incidents which at one time would have just been he-said-she-said types to things and brushed off, are becoming more frequently heard about; jump down]
In a highly unusual incident, Physician Christopher Thomas Thompson was convicted on all charges in a Los Angeles court, including multiple felonies of intentionally causing a crash that seriously injured two bicyclist. Continue reading Motorist Doctor Convicted on all counts