Un-charged hit and run

This is an old incident from April 2012 — I’m posting it here just to reorganize things… This is a SUV  vs. ped (the ped happened to have been walking a bicycle) in crosswalk initially investigated as hit-and-run since the driver, well, hit and then ran. For whatever reason Chandler Police decided that was fine, but oddly never cited her for what had to have been a moving violation.

In what might be more interesting from a legal perspective is the concept that the crime of hit-and-run does not require the perpetrator to be aware of the crash; state of mind is not an element of the crime, the state need only prove that an accident happened and that the defendant was driving at the time and was involved. The hit and run laws states only that any driver “involved” must comply: “The driver of a vehicle involved in an accident resulting in injury to or death…”. How things might play with a jury is, as always, a consideration for the prosecutor; and one might imagine she uses her prosecutorial discretion to not bring any charges when the suspect seems to have plausible story of not knowing. I don’t think that’s anything like what happened in this case; this appears the police simply decided not to pursue it (to move forward, the police would need to refer it to county prosecutors, since it’s a felony 2/3).

Woman runs over ped in crosswalk; Chandler police say they “might” ticket her — or maybe not since it was “truly” and accident.
There are (marked) crosswalks at all crossings of that intersection, and the curbs by the way have a h-u-g-e radius http://g.co/maps/5vp2m:

Man run over by 69-year-old woman in Chandler
by Philip Haldiman – Apr. 28, 2012 10:07 PM

A man was run over in Chandler by a woman who continued driving and later made a stop to go shopping, officials said.

Sgt. Joe Favazzo, a Chandler Police spokesman, said a 69-year-old woman stopped at a light at the intersection of Chandler Boulevard and Price Road late Saturday afternoon.

Police said the woman unknowingly ran over a man, 18, who got off his bike to push it across the street.

“The SUV stopped at Chandler Boulevard to make a right hand turn onto Price,” Favazzo said. “She looks to the left, not paying attention to the right. And he gets swept under the car, and she thinks she hit the curb and continues on, running over the man with her back tires.”

The woman continued driving down the street and parked at a Famous Footwear shoe store, where she went in to go shopping.

“She had no idea she just ran a person over,” he said.

The man was taken to the hospital with a broken clavicle.

“He had non-life threatening injuries, but he did have tire prints over his abdomen,” he said.

Favazzo said officials are leaning toward not filing criminal charges against the woman.

“It’s hard to say what they will do. She might be given a citation,” he said. “This was really and truly an accident. It was a tragic event, and a good reminder to look both ways and always be vigilant.”

Officials did not release the names of the driver or the victim.

http://www.azcentral.com/community/chandler/articles/2012/04/28/20120428chandler-woman-hits-man-car.html

per city of chandler, the driver’s name is Sandra Venier and according to City’s court websitethere have been nothing filed (not even a citation) against her as of this writing(5/9/2010)
Date: Fri, 4 May 2012 12:13:07 -0700
From: Seth.Tyler@chandleraz.gov
Subject: Re: Question from Website

Driver’s name is Sandra Venier

To: joseph.favazzo@chandleraz.govseth.tyler@chandleraz.gov,
patrick.ormerod@chandleraz.gov
Date: 05/04/2012 11:00 AM
Subject: Question from Website

Attorney Lance Entrekin wrote about the incident in his column “Legal Matters” that appeared in the Arizona Republic local section on 5/9/2010 (i can’t find online).


In what appears to be the final disposition, the driver was cited for a technical problem with her driver’s license; and NO MOVING VIOLATIONS were filed:

http://www.chandleraz.gov/cjis/courtcasesearch/ case 12-C-3735041
Plea guilty or resp, sent imposed & find pd or def imprisond
28-3840 A person who operates a motor vehicle in violation of a driver license restriction is guilty of a class 2 misdemeanor.

It appears (failing the hit-and-run charge) that she made a bad turn (or illegal right-on-red) and should have been cited for that in addition to 28-672 (if the driver caused a “serious injury”)

One thought on “Un-charged hit and run”

  1. It’s really unfortunate that Arizona has no way to delicense drivers who demonstrate like this beyond a reasonable doubt that they are incapable of safely operating a motor vehicle.

Comments are closed.