Author: ArizonaBikeLaw

h/r Alert: dark GMC Sierra pickup truck w/large chrome wheels

abc15.com
abc15.com

Police are seeking the driver of a dark-colored GMC Sierra pickup truck w/large chrome wheels that was involved with a fatal hit and run collision 27th Ave near Bethany Home Road, Phoenix. Bicyclist  Darryl Fitzgerald Summers was killed in the crash.

51-year-old Darryl Summers dies after hit-and-run crash; police looking for dark truck: Police say Summers was following all safety protocol including wearing a helmet and reflective vest, having bike lights and reflectors, and riding with traffic. Still, he suffered life-threatening injuries and was taken to the hospital where he later died.

Continue reading “h/r Alert: dark GMC Sierra pickup truck w/large chrome wheels”

AZ Legislators finally ban (some) photo enforcement

(Photo: Mark Henle/The Republic)
(Photo: Mark Henle/The Republic)

After a decade (or more?), Arizona lawmakers have finally banned photo-enforcement; but only on roads which are part of the State Highway System. Lest you be confused, the state highway system includes not only the interstates and other “controlled-access”/ freeways, but  many miles of country highway, and also includes some what would appear to be normal city streets.

The state of arizona did used to have photo enforcement years ago on some freeways; but were removed by executive, not legislative, action.

Anyway, there are two. I mean two camera locations, in the entire state, that are affected by the ban. (I am unclear as to whether these were only speed, or red-light, or both, or just what). Continue reading “AZ Legislators finally ban (some) photo enforcement”

2 percent of rear-end crashes involve a slowly-moving lead vehicle

photo: KPHO /KTVK
photo: KPHO /KTVK. The red pickup struck the rear end of a school bus that was already stopped.

Rear-end crashes are, by far, the most common motor vehicle crash. Looking at all MV-MV (that is, motor vehicle crashes excluding single-vehicle crashes), a whopping 47% were classified as rear-end, using 2012 Arizona data. That’s almost 50,000 rear-end collisions a year, just in Arizona!

The explanations generally run to generic excuses: the driver of the striking vehicle was driving too fast for conditions, or “distraction” — which are more-or-less true by definition. Continue reading “2 percent of rear-end crashes involve a slowly-moving lead vehicle”

High-speed chase suspect also wanted in Tucson hit-run

photo: DPS
photo: DPS

3/24/2016 The urge to call every boom-boom that drivers become involved with reaches absurd proportions. This chase ended only when police intentionally caused the suspect’s vehicle to crash. This is not an accident. Yet some members of the media insist on saying things like “Thursday’s pursuit ended with a rollover accident when the suspect crossed the median, rolled his truck and then was ejected”. Sorry  tucsonnewsnow.com/KOLD-tv 13, this was no accident. #crashnotaccident.  Continue reading “High-speed chase suspect also wanted in Tucson hit-run”

Gilbert hit and run; bicyclist dead

photo: Gilbert Police
suspect photo: Gilbert Police

3/21/2016 ~ 8pm Bicyclist struck going northbound in the intersection of Queen Creek Road and Ranch House Parkway, Gilbert, AZ

The bicyclist was identified as 28 year-old  Erik Alsaker.

The driver fled the scene. Police are looking for a dark colored, small SUV or sedan w/ heavy front-end passenger side damage.

Continue reading “Gilbert hit and run; bicyclist dead”

Missing 2013 and 2014 Fatalities

A note about data sources

  • FARS. As of this writing the 2013 final is available, and 2014 is preliminary
  • Arizona Crash Facts; published yearly by ADOT in June of the following year
  • ADOT collision database sometimes called ASDM (I’ll refer to it as that, below); released yearly in June of the following year
  • News / Media reports; obviously this is very incomplete and hit-and-miss

Data from all these sources is located centrally on this google docs spreadsheet. which covers each bicyclist fatality occurring from 2009 onward.

Normally these are all in agreement, however there are multiple inconsistencies in both 2013 and 2014 that I cannot resolve. Continue reading “Missing 2013 and 2014 Fatalities”

Ahwatukee traffic fatality is apparent suicide

Source: KPHO/KTVK
Source: KPHO/KTVK

3/12/2016 7:30pm. Police describe the single-vehicle collision as an apparent suicide by the driver. 48th Street, just west of Elliot Rd, Phoenix. (that’s “Biscuit’s” yellow sign in the background)… Continue reading “Ahwatukee traffic fatality is apparent suicide”

Two peds injured on Phx sidewalk

smushed Pickup
smushed Pickup

3/3/2016 Two peds on the sidewalk were injured after two motor vehicles collided in the of 7th Ave and Jefferson. This is one of Phoenix’s many, massively wide arterial-arterial intersections where any error can easily, and often does, result in mayhem. In this case, the two pedestrians and one of the MV drivers were fortunate to escape with only non-life-threatening injuries.

Vision Zero anyone? There are over 100,000 MV crashes per year in Arizona, resulting in many thousands of incapacitating injuries, and nearly 1,000 fatalities; victims are drivers, passengers, pedestrians and bicyclists. Each year… and the trend recently is up.

Continue reading “Two peds injured on Phx sidewalk”

Multiple Pima Co fatality; Driver arrested

laCanadaPimaCoFatalDui
photo: Kelly Presnell / Arizona Daily Star

Thursday 3/3/2016 mid-day. A Driver crashed into  a “large group” (the news report said ~ 15) of cyclists who were stopped at a traffic signal, and standing in a BL, nonetheless. At the time of this writing two are dead, and several more injured. The driver was arrested on DUI charges and was taken into custody. North La Cañada Drive and West Overton/Hardy Road, which is in Pima County, and is being investigated by the Pima County Sheriff’s Office.

bicycletucson.com has updated information; the identity of the suspect and the two fatality victims has been released:

(suspect) Brian Lynch, 28, struck five members of the group. Clare Rhodes, 72, died at the scene and Kenneth Vieira, 68, died at the hospital. The other cyclists were transported to the hospital where one cyclist remains in critical condition.

 

Continue reading “Multiple Pima Co fatality; Driver arrested”

Arizona’s “Truth in Sentencing” Law

Sentencing Reference Material

Criminal Code Sentencing Provisions; currently 2017-2018

If that link goes dead, there’s a landing page at azcourts.gov for the sentencing material.

Sentencing is fairly intricate; With felony crimes the primary determinant being whether or not the crime is sentenced as “dangerous” vs. “non-dangerous”; this apparently is determined on a case-by-case basis; and non-dangerous crimes are all probation-eligible (meaning can be no prison time; even for serious offenses)

References; here are the general rules, there are many other sub-categories with special rules for offenses e.g. involving children, or drugs:

  • §13-707 misdemeanor jail sentence
  • §13-802 misdemeanor fines
  • §13-702 felony prison / non-dangerous offenses (all probationable) / non-repetitive
  • §13-704 felony prison / dangerous offenses (not probationable) / first offenders
  • §13-801 & §13-803 felony fines

Also note that, unlike a civil judgement, criminal restitution is not dischargable through bankruptcy.

§13-708. Involves sentencing for crimes committed when out on release for earlier felony crimes, see e.g. case of Frank Kitko.

Class 1?

The felony rules above, like 702/4, as well as the reference guide only cover class 2 through 6. What about class 1?

(In Arizona’s homicide world, Neg Hom is a class 4, Manslaughter is class 2, and 1st AND 2nd Degree Murder is class 1.)

13-710 Sentence for second degree murder
1st degree murder is: 13-1105
Sentence of death or life imprisonment 13-751.

Apparently 1st and 2nd degree murder are the only Felony Class 1 crimes.

Vehicular Assault / Vehicular Homicide

References to homicide / assault:

Jury Instructions

As a reference document: The State Bar of Arizona publishes a lengthy document — Revised Arizona Jury Instruction (Criminal) currently in its 4th Ed 2018, direct link

And contains amongst the instructions useful references to relevant case law.

Arizona’s “Truth in Sentencing” Law

I feel like I’ve looked this up before…
Arizona passed a major overhaul to the state’s sentencing code (Senate Bill 1049, Chapter 255, 1993 laws) in the 1993 legislative session. Annoyingly, the online lookup azleg.gov doesn’t go back before 1997, so at the moment I don’t have access to the bill itself. (need to look it up thru library). Continue reading “Arizona’s “Truth in Sentencing” Law”

Wrong-way driver sentenced to 14 years in death of Phoenix fire dispatcher

photo: Arizona Dept of Public Safety
Stock photo of aftermath of head-on freeway collision. They all look more-or-less the same, so there’s no real need to have one for any particular crash. photo: Arizona Dept of Public Safety

The driver in one of the headon freeway collisions was sentenced in a plea deal to 14 years in prison. Stephen Martin plea guilty to 2nd degree murder for causing the Jan 2015 death of Phoenix dispatcher Megan Lange.  Continue reading “Wrong-way driver sentenced to 14 years in death of Phoenix fire dispatcher”

Total VMT and fatalities are up

Figure1-492x328

[mid/late 2016 NSC estimates for fatalities are up big-time over 2015]

As a follow on to last week’s story about how Arizona 2015 traffic fatalities are up by at least 15% …

Preliminary data prepared by the NSC shows traffic fatalities nationally are expected to be up 10% (though an AP story says 8%) . And FHWA preliminary data shows total VMT (Vehicle Miles Traveled) will increase to 3.1T miles, compared with 3T in 2014; (so perhaps a 3.5% increase). Continue reading “Total VMT and fatalities are up”