5/23/2020 Morning, eastbound Happy Valley Rd near 91st St. An SUV driver “drifted over the fog line” and killed a bicyclist, 48 y.o. Miodrag Milovanovic.
The road in this area appears to be one lane in each direction; the exact spot wasn’t listed. Some areas have a landscaped median with very wide shoulders, other nearby areas have some uneven shoulders.
Bicyclist dies after being struck by SUV in Scottsdale on Saturday
… Milovanovic was riding eastbound on the shoulder of Happy Valley Road when an SUV, also heading eastbound, “drifted over the fog line” and struck him, said Sgt. Ben Hoster, a Scottsdale Police Department spokesperson… Impairment was determined not to be a factor in the incident, police said… This is an ongoing investigation.
Once all more serious criminal matters are ruled out; Scottsdale police should be aware the driver should be charged with 28-672 according to their statement “drifted over the fog line”. A driver who fails to keep proper lane resulting in death/serious injury is liable for that charge.
I mention this because Scottsdale has a history of not bringing this charge, for example Sean (Shawn?) McCarty was killed in Scottsdale when a driver drifted over the stripe and killed him. The driver was only cited for a civil traffic ticket and fined $420, no 28-672 charge was brought. 28-672 is NOT a serious crime, rather, it gives a judge the option of bringing meaningful corrective action to the driver’s dangerous behaviors including license suspension and even (theoretically) some jail time.
I did get a copy of the crash report (the crash form) was unable to get the police’s departmental report as of early October; I will receive it once the detectives “release” it — that it’s s still not available months after the incident indicates police have suspicion of criminal activity by the driver. The crash form indicates the driver’s license was suspended at the time. In addition to the charge mentioned above, 28-672 a misdemeanor, depending on why his license was suspended it becomes a felony (follow the link to 28-675), a class 4 or 3 felony depending on the reason for the suspension.
It was reported on ?? at clippedin.bike that Scottsdale Police are recommending a felony charge and refer to “causing death by use of a vehicle”, which presumably refers to a 28-675 charge; and notes that this will (unlike a 28-672 charge) need to come from Maricopa County Attorney’s Office.
The incident is not showing in ADOT’s crash database as of 7/1 but that’s not unusual in the case of a fatal investigation.
Ordered a copy of Scottsdale DR #20-08897 [had to call to get it though it was no problem, normally the file number in adot database is their DR number] on 9/24. Not sure if it’s available yet or not
The full crash report (ACR) reveals no surprises other than the narrative mentioning the driver’s license was suspended; which was not mentioned in the initial news coverage.
Driver: Failed to Maintain Proper Lane
Bicyclist: No Improper