It’s like a war zone out there…

Walk in the crosswalk; get hit with flying debris from a red-light-runner? Seriously, how often does this happen? (note to self — check ASDM for 2013, whenever that becomes available, and see if the peds show up in the collision — my guess is no but i really don’t know what the story is)

azcentral.com: …At about 9a.m. Sunday (3/10/2013), Kaylynn Ruth Kayanie, 25, was driving west on Broadway “at a high rate of speed” when she ran a red light and struck another vehicle that was traveling south on Priest Drive… The driver of the southbound vehicle, a 45-year-old woman, was ejected and taken to the hospital with life-threatening injuries…  Two pedestrians who were in the crosswalk heading south on Priest at the time of the collision were hit by flying debris and taken to the hospital, where they were treated for cuts and bruises and released the same day, she said. Impairment does appear to be a factor in that case and investigators are awaiting drug-test results

The same story notes that the suspected impaired driver Veronica Muckerman made a bad left, killing a motorcyclist Elsa Tovar last week; was apparently driving without a license, due to being revoked in 2011 for another dui.

Standin’ on the corner

Woman standing on the sidewalk at an intersection gets hit by a red light runner. Seriously, how often does this happen?

By Chris Cole
The Arizona Republic-12 News Breaking News Team
Tue Feb 26, 2013 2:50 PM
A woman holding a child while standing on a street corner was hit by a car in Glendale Tuesday following a vehicle collision, authorities said. The driver of a car heading west on Camelback Road ran a red light and struck another car going north on 75th Avenue. The first car then hit a woman, who was standing on a corner holding a child, before driving into a canal, said Sgt. Brent Coombs, a spokesman for the Glendale Police Department. …more

 

Seriously, how often does this happen?

[ There was an Oct 2015 Court of Appeals ruling against Nissley ]

[ THE OUTCOME: Nissley trial began mid-August and was in Day 14 as of 9/13/2012 “Chester Flaxmayer is sworn and testifies” Case minutes. Some news coverage on the trial: Man using diabetes defense in trial; Man in pedestrian’s death was on meth, prosecutor says
The EIGHTEEN DAY trial wrapped up on 9/20/2012 (sounds mighty expensive!) The trial lawyer was Lawrence Kazan,   the lawyer whom AZRepublic columnist Laurie Roberts refers to as “the Valley’s go-to attorney for bad drivers – the ones who can afford him, that is”.
Verdict: guilty of manslaugther and several other ancillary charges. The jury also found aggravating factors for all the charges; one of them being he “used a dangerous instrument, his car, in the commission of a crime”.  Paradise Valley man who claimed diabetes in fatal crash guilty. ]


It’s an usually warm early November afternoon. You’re strolling down a lovely sidewalk in Paradise Valley, AZ when suddenly, BAM, you’re dead.

(see more and other Are Cars Dangerous? stories).

Head-on collision in Paradise Valley leaves pedestrian dead
by Lauren Worthington – Nov. 3, 2010 11:40 AM
The Arizona Republic

A pedestrian is dead and five people are in the hospital after a head-on collision in Paradise Valley. The pedestrian has been identified as [plastic surgeon and ‘top doc’]]Richard Pavese, 62, of Phoenix, police said Wednesday. About 5:45 p.m. Tuesday, Patrick Nissley, 25, of Paradise Valley was traveling north in the southbound lane of Invergordon Road near East Vista Drive when he struck the corner of a 2003 Lincoln Town Car. Nissley’s car, a white 2009 BMW, glanced off the Lincoln Town Car and drove over the sidewalk, hitting and killing a pedestrian, Paradise Valley police spokesman Alan Laitsch said. The driver of the Lincoln Town Car, Craig Lesman, 42, of Phoenix, and his passengers — a 61-year-old man and two women, ages 62 and 70 — were transported to Scottsdale Healthcare Osborn Medical Center and St. Joseph’s Hospital and Medical Center with non-life-threatening injuries. Nissley was transported to an area hospital in serious condition. The cause of the accident is under investigation. Continue reading “Seriously, how often does this happen?”

Another driver jumps curb in Phoenx; sends ped to the hospital

Seriously? Seriously how often does this happen? — apparently with alarming regularity. In June a man was killed as he stepped foot outside the front door of a Sun City CVS by an out-of-control driver. Rene Karlin was killed last August while jogging in her Ahwatukee neighborhood when a driver jumped the curb. Drivers routinely mount the curb nearby my neighborhood after losing control and knocking down walls. Randy and Doris Bjerken were both killed walking on a Scottsdale sidewalk  in May of last year as an SUV jumps the curb and wipes them out. In November of 2010, gifted plastic-surgeon and “top-doc” Richard Parvese was killed while walking on the sidewalk near his home in Paradise Valley…. I could go on. This is just a roundup of a handful of egregious incidents from the past year or two, and just the ones i know about; I’m sure there are many more, just around the Phoenix area.

From AZcentral 8/12/2012:

A 32-year-old man was hospitalized Sunday [8/12/2012] morning after being struck by an impaired driver. David Kerhoulas, 25, was booked into the Maricopa County Fourth Avenue Jail for Aggravated Assault and Endangerment, about 10:20 a.m., Sunday. Sgt. Trent Crump, a spokesman for the Phoenix Police Department, said Kerhoulas hit a man after driving over a curb and onto a sidewalk, near the 11000 block of North 7th Street, at about 7 a.m. He also nearly hit another pedestrian, Crump said. It is unknown how the driver was impaired. “The actual drug will be determined by blood or alcohol testing which can take some time,” Crump said. The investigation is ongoing.

 

Do all Crashes “Count”?

sigh. File this under seriously how often does this happen, and ‘are cars dangerous’?

A man steps out the front door of his local CVS and gets mowed down on the sidewalk. Dead. One of the news reports said police believe the un-named female driver mixed up the gas and brake pedals. oops.

69-year-old man hit, killed by car in Sun City CVS parking lot

by Jane Lednovich – Jun. 27, 2012 10:07 AM The Arizona Republic-12 News Breaking News Team

A 69-year-old man was pronounced dead after he was struck by a car Wednesday morning in Sun City, a Sheriff’s Office official said.
The four-door sedan was making a U-turn in the parking lot of a CVS pharmacy near 107th Avenue and Bell Road about 8 a.m., authorities said.
The car drove onto the curb in front of the store and ran over the man, pinning him under the front wheel of the car, Maricopa County Sheriff’s spokesman Sgt. Brandon Jones said.
The sedan hit a parked car after striking the man, Jones said. Firefighters used airbags to lift the sedan and get the man out, but paramedics were unable to revive him, Jones said.
Witnesses told authorities the man was unresponsive while he was trapped under the car. It is unclear how long he was trapped. The CVS store is closed while officials investigate the scene, Jones said.

yourwestvalley.com has a picture showing the silver car that struck the ped at rest on the sidewalk; along with a red car that was also struck.

SUN CITY, AZ (CBS5) – A man has been killed after he was hit by a car while walking out a CVS pharmacy in Sun City, according to authorities. Sgt. Brandon Jones with the Maricopa County Sheriff’s Office said preliminary reports are that a woman driving a tan vehicle was heading eastbound in the parking lot Wednesday morning when she decided to make a U-Turn and accidentally hit the gas instead of the brakes, causing the car to accelerate. The vehicle ran over a 69-year-old man and hit a red car parked in the lot. Jones said officers found the man trapped under the tan vehicle about 20 feet from the front doors of the CVS. Once the man was pulled from under the vehicle, he was pronounced dead. The driver of the red car was not hurt. Jones said the driver of the tan vehicle has not been charged at this point. Investigators said they do not believe alcohol or drugs were a factor.

Reporting Motor Vehicle crashes

There are a bunch of rules about when traffic crashes must be reported. This bears on how collision and injuries get measured and reported for statistical purposes.

Arizona Statutes

There are statutes that spell out, at a minimum, what all law enforcement agencies in Arizona must report on, reports must be filed with “the Department” (i.e. ADOT). ADOT then collates and tablulates this data — see adot-traffic-collision-database. Somehow or other ADOT forwards this the feds for national statistical purposes, for example, in the case of fatalities see FARS.

ARS §28-667 Written accident report; definition says that any “law enforcement officer or public employee who, in the regular course of duty, investigates a motor vehicle accident resulting in bodily injury, death or damage to the property of any person in excess of one thousand dollars or the issuance of a citation shall complete a written report of the accident” (667A) and that the agency employing the officer  “Shall immediately forward a copy of the report to the department of transportation for its use” (667C5). Continue reading “Do all Crashes “Count”?”

Loop wall down, loop wall down!

12/29/2011: A wrapped (i couldn’t quite read what it said?) pickup pulling a trailer apparently lost control and (of course) drove over the sidewalk and knocked down a wall on the Warner-Elliot loop near Nambe Street. Here is the ahwatukee.com story; following their pattern, police didn’t identify the driver saying only he was a man in this 60s.

This is less than a mile away from the site where a driver lost control and iced a jogger, Rene Karlin, on the sidewalk back in August. Whatever happened to that investigation of the un-named driver? Why is the driver un-named? Nobody bothers to report. Nor did police bother to release the name of the elderly driver who drove into Lakewood’s fountain last year.

For some more wall knockings down see here, very popular pass-time.

In other news, I usually consider residential streets pretty calm and serene, and they usually are — then there was this parked car that got whacked on Desert Broom Way just two-door away from my house on (i guess the early morning hours of) 12/28/2011… It got hit really hard, though it’s not apparent from this pic, besides the obvious side-swipe damage, the rear wheel was pushed way ahead and the tire flattened; this car is going to need a LOT of work to get it right.

And while I’m on the subject, here’s a pic of a car I discovered abandoned a couple of weeks ago that had run off of Ray Road, crossed the sidewalk, and landed in the bushes. It must have been going pretty fast becasue jumping the curb flattened all of its tires. Sheesh. I imagine it was stolen.

 

Newer Wall-down story from early 2013

This was on Kachina in Ahwatukee/Phoenix. Their neighborhood is hoping to get speed bumps added as of early March, see slowdownonkachina.org
KPHO5 story: Feb 25, 2013 Teens crash into block wall in Ahwatukee; Police are investigating after three high schoolers who allegedly spent the morning drinking off campus plowed a car through a block wall in an Ahwatukee neighborhood… Wagner told us the driver was arrested at the scene for DUI but none of the teens were hurt.

Another Ray Road Wreck in Ahwatukee

Westbound, single-vehicle, presumably one or more fatalities occurred Sept 24, 2011 early morning hours. The vehicle was apparently going way too fast, lost control and smashed into some trees in the median. I didn’t see any skids. The palm tree got decapitated, and a smaller tree was snapped off (you can see the original trees in the google maps streetview, below). The picture barely shows the twisted wreckage. The cops were keeping people way way way away. To the extent one wonders what was trying to be hidden? I was told I “can’t” take a picture. Weird. Continue reading “Another Ray Road Wreck in Ahwatukee”

Woman dies after being hit by car on Ahwatukee sidewalk

file this under Are Cars Dangerous? and Seriously, how often does this happen? .

A jogger, later identified as 56 year-old Rene Karlin, was killed while jogging on the sidewalk near my home in Ahwatukee (city of Phoenix). Continue reading “Woman dies after being hit by car on Ahwatukee sidewalk”

Couple killed while walking on sidewalk

From the never-ending Are Cars Dangerous? and Seriously, how often does this happen? files:

[Final result, seemingly inexplicably, the driver was never charged with any crime, and never issued and citation in connection with the incident]

Randy and Doris Bjerken, of Palmer, Alaska were in town visiting Randy’s dad… out for a stroll at 10AM on Mother’s Day when. BAM! An SUV jumps the curb and wipes them out.

Police say the driver, Andrew Whalen, 23, fell asleep during the May 8 incident and are recommending neg hom charges. Continue reading “Couple killed while walking on sidewalk”

Are Cars Dangerous?

Superhuman-sized objects moving at superhuman speeds are dangerous. Inherently. But who bears this danger? Motorist liability insurance is one supposed motivator; in theory motorists are supposed to bear the cost of the risks they are inflicting on others, but has many limitations (see e.g. The Disneyland Model). In reality this risk-spreading ends up socializing the costs of driving — paid for by others, subsidized, also called an externality. Thus we get more driving, because it is artificially cheap, and more traffic death and destruction.

It is worth pointing out to nervous cyclists that the large majority of traffic death and destruction is done by drivers of automobiles to other motorists (see, e.g. the chart here). This is to be expected, of course, since the large majority of traffic is motoring.

Here are a couple of  recent, local incidents… out of control “accidents” all —

Girl critically injured, was standing on the sidewalk, May 6, 2011: Deette Lynn Perry, 54, was arrested Friday after she was discharged from the hospital, where she had been admitted following the May 6 incident, Sgt. Steve Martos of the Phoenix Police Department said. Perry was in a 2004 Nissan Altima near Thomas Road and 23rd Avenue when she drove onto the sidewalk and struck a 17-year-old girl, Martos said. Police suspect Perry was impaired by drugs, Martos said. The girl suffered a fractured pelvis and severe head injuries, Martos said.

Another:

Tourist killed at Phoenix intersection The Arizona Republic, Glen Creno – Aug. 19, 2010

An Australian tourist crossing a Phoenix street was killed late Tuesday when a sport-utility vehicle slammed into him, authorities said Wednesday…The SUV was moving so fast the victim was dismembered by the impact. Witnesses told police the vehicle apparently ran a red light…Ramzy Khalil, 29, of New South Wales, Continue reading “Are Cars Dangerous?”

Driver cited in death of baby in stroller

There was a particularly horrifying crash in September  where a 7-month old baby was killed instantly while being pushed in a stroller ON THE SIDEWALK passing in front of a private driveway. The infant’s mother and brother escaped serious harm by leaping out of the way. Phoenix police announced almost immediately (My, that was a fast investigation! the crash occurred 9/14/2009, the media reported that outcome 9/16/2009) that there would be no criminal charges recommended. “Police said, Macias (the driver) did not see Clayda Lozoya, 27, walking down the sidewalk with her 4-year-old and 7-month-old children in a stroller. The SUV ran over the stroller and killed the baby instantly” [kpho]. “The investigation reveals Ms. Macias may have looked left before entering Northern Avenue to go east and not see the family approaching from the east,” Holmes’ news release indicated. ” [abc15]

In any event, the Arizona Republic reports (I guess the final police report?) in a Valley and State brief (not online? see below), that the driver was cited for two traffic infractions: failure to yield, and too-dark window tints. In the report, police (strangely) fault the mother of the victim for walking in front of the vehicle without making “eye contact” with the driver — now, remember police have also said the driver’s windows were illegally dark. hmmm. And remember, the victim was on a sidewalk, passing in front of a private driveway. It sounds to me like the Phoenix Police have invented a new duty — now it is the victim’s duty to ensure eye contact has been made, before making any sort of movement, regardless of right-of-way (the pedestrian has complete right-of-way at a driveway)? This is nonsense. This report is sounding like a tort lawyer. And, with all due respect to tort lawyers, is this really the sort of thing that should be in a police report? In my opinion, police reports should stick to application of THE LAW. Such “creative” interpretations in police reports frequently cause problems for cyclists.

On the other hand, the Police’s press release (reproduced below) was quite strong, admonishing drivers to look both ways — but of course, talk is cheap.

In case there is any confusion about what a driver is supposed to do at a driveway:  §28-856 “The driver shall… Yield the right-of-way to any pedestrian as necessary to avoid collision”. (nothing about “eye contact” here).

For the curious, the window tinting statute is  §28-959.01. I get the impression that this is one of those laws that generally only ever gets invoked after-the-fact.

The driver is, understandably, devastated over the incident. But from a punishment perspective, if the driver pleads or if found responsible for these infractions, she is facing a few hundred dollars in fines, and a couple of points on her license.

As noted above, police almost immediately dismissed any notion of criminal charges (e.g. Negligent Homicide). There is another far less serious law which makes it a crime (albeit a very minor crime) to kill a pedestrian, but it only applies when in a crosswalk. This seems to be yet another shortcoming of 28-672 see Crime and Punishment.

This sad sad sad story, and some of the Phoenix Police’s response reminds me of  a quote from Mr. Burn of The Simpsons:  “Beep Beep out of my way I’m a motorist” Wiggum “that some nice reckless driving Mr. B”

By the way, the outcome on public access shows up as something I don’t understand — normally the outcome would be either guilty/responsibile, or not responsible, or dismissed, or somesuch… what this about bail forfeited?

Case Number: M-0741-4090176

YIELD TO PED REQ FROM ALLEY/DRIVEWAY 11/24/2009 BAIL/DEPOSIT GIVEN/FORFEITED

IMPROPER TINTING OF WINDOWS 11/24/2009 BAIL/DEPOSIT GIVEN/FORFEITED

By the way, this crash shows the dramatic shortcoming of 28-672 “causing death or serious injury by moving violation”. The driver was plainly at fault, and plainly committed a moving violation, but because that particular violation isn’t on the list of infractions that triggers 28-672, nothing more serious than the ticket for failing to yield could be brought.


Driver in fatal crash was cited

The Arizona Republic, Dec 11, 2009, p. B2

PHOENIX — A woman whose SUV rolled over and crushed a 7-month-old boy outside a school in September was cited for two misdemeanor [ed’s note: this is incorrect — these infractions are strictly civil] traffic citations, records show.

Leticia Macias, 41, received the citations for failure to yield and for having improperly tinted windows on her 2007 GMC Yukon the day she struck and killed the baby at a busy parking lot at Westwind Middle School Academy near 20th and Northern Avenues.

The baby’s mother “never made eye contact with the driver prior to walking in front of the the vehicle” of the baby as she prepared to pull onto Northern Avenue on Sept. 16 after dropping her own child at school, according to a police report release this week. (ed’s note: there’s something wrong with the wording, e.g. “of the baby” makes no sense, and “as she prepared” obviously must mean the driver, who isn’t “the baby’s mother”).

A Phoenix police spokesman said Macias was never criminally charged. The baby’s mother, Clayda Lozoya, 26, was pushing the stroller and walking with her 3-year-old son at the time of the accident. The baby, Roman Mata, was pronounced dead at the scene as parents and children arrived at the campus around 8 a.m.


Phoenix Police Press Release at time of crash:

 

Infant in stroller killed by SUV leaving school parking lot

Information Provided by the Police Department

officers at scene in front of a school Tragedy struck at a private school near 19th Avenue and Northern this morning when a 7-month-old infant was struck and killed by an SUV. The infant, a boy, was being pushed in a stroller by his mother who was also walking with her 4-year-old son.

An SUV being driven by a 41-year-old woman who had just dropped off her child was pulling out of the Westwind Preparatory Academy parking lot and struck the stroller. The infant’s mother and brother were able to get out of the way, but were taken to a nearby hospital to be checked. The driver of the SUV remained at the scene; police were investigating and it was not known if she would face charges. “This is one of the calls you never get used to,” said Phoenix Fire Captain Hugh Chase. “We all have kids.”

PIO James Holmes at scenePhoenix police Public Information Officer James Holmes stated from the scene, “It is imperative that motor vehicle operators remember they are required to yield to not only vehicular traffic when exiting a private drive, but pedestrian traffic as well. Way too often a driver who intends to make a right turn will look left to ensure the way is clear, but not right. This endangers all pedestrian traffic which may be approaching from the right. We have to be careful.”


Ped Seriously injured by Driver at driveway

 

In echos of the stroller death, years later May of 2018 Pedestrian seriously injured following crash in Phoenix it seems that someone was walking on the sidewalk near 15th ave and fillmore in what appears to be a residential neighborhood when a driver ran over him while turning into a driveway. (a driveway is part of the sidewalk)

 …a man who was driving down a dark street overnight didn’t see the victim on the sidewalk.
That’s when the driver hit the pedestrian as he pulled into his driveway… Impairment is suspected with respect to the pedestrian’s actions, according to Phoenix police.

By “pedestrian’s actions” i don’t know if they mean the pedestrian lept in front of the moving car, regardless… If it’s too dark for a driver to see, then the driver must slow down; stopping if necessary, and has complete responsibility for ensuring the sidewalk is clear before crossing it. Even if it’s “his” driveway.

Mionske: Can’t we do better?

In Bob Mionske’s Nov 20th column, Can’t we do better?, he asks “What do you think can be done about cyclist safety?”…

2007 Fatals by type

This may sound trite but, to improve cyclist’s safety I think the best thing to do is focus on improving traffic safety.  I know it’s easy to read yet another apparent case of a negligent motorist hurting/killing a cyclist, getting off scot free and then feeling that “the system” is stacked against cyclists. But this loses sight of the fact that the problem isn’t limited to cyclists as victims, all categories of motorist’s victims, including other motorists, are treated just as shabbily. Cyclists’ fatalities represent less than 2% of the 41,059 traffic deaths (NHTSA 2007 Traffic Safety Annual Assessment – Highlights)

There are other, far larger, constituencies who are also subject to these same injustices; pedestrians, motorcycle operators, and the largest of all; passengers and innocent drivers. These groups — which includes just about everybody — are all victims of negligent drivers.

So the key, in my view, to tightening up laws which would actually punish negligent drivers is to broaden to appeal beyond the tiny community of active bicyclists to involve as many of these other groups as possible.

So without this becoming a laundry list — consider for example victim Lance Adams who was killed in Mesa, AZ April 2005 WHILE WALKING ON THE SIDEWALK… no criminal charges(prosecutor says “no likelihood of conviction”), no citations. Matthew Hayes Peterson said he blacked out, causing his vehicle to jump the curb. The young man who killed Lance had a previous speeding violation, and somewhat incredulously was ticketed for speeding again on Dec 14 (90mph! in a 65. As of story Feb 1, the outcome of that ticket was still pending).Prosecutors won’t seek criminal charges against a 21-year-old driver who ran over a Mountain View High School student last year, saying there isn’t enough evidence to prove he was impaired.


DRIVER WON’T BE CHARGED IN STUDENT DEATH

Jim Walsh. Arizona Republic.  Jan 31, 2006.

Lance Adams, 15, was walking home from school on a sidewalk April 11 when he was struck and killed by an SUV driven by Matthew Hayes Peterson.

Mesa police sought manslaughter charges in late December after obtaining long-delayed test results from the Arizona Department of Public Safety’s crime lab on drugs found in Peterson’s system.

But Krystal Garza, a spokeswoman for Maricopa County Attorney Andrew Thomas, said in a statement that the case was sent back recently to Mesa police.

“Based on the information submitted to date, we don’t believe there is a reasonable likelihood of conviction,” Garza wrote. “One factor in this decision was there were no signs of impairment that could be tied to any substance, legal or illegal, in the suspect’s system.”

Peterson told police after the collision that he blacked out before his 2000 Toyota RAV4 jumped a curb in the 1400 block of North Lindsay Road and struck Adams.

The lab tests measured the amount of marijuana metabolite found in Peterson’s system, along with two prescription drugs identified by police as propoxyphene, a narcotic pain reliever and zolpidem, a sleeping medication.

[oddly, they listed the chemical names. The two prescription drugs found in Peterson’s system are commonly known by their brand names; Darvon, and Ambien. One wonders if Peterson had a prescription? What about the warnings, did Peterson heed them?]

Heed the warnings?

Ambien/zolpidem Warnings : “Patients should be cautioned against engaging in hazardous occupations requiring complete mental alertness or motor coordination such as operating machinery or driving a motor vehicle after ingesting the drug, including potential impairment of the performance of such activities that may occur the day following ingestion of Ambien”

Darvon/Propoxyphene Warnings: … may impair the mental and/or physical abilities required for the performance of potentially hazardous tasks, such as driving a car…”

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”