Bicyclists are required under certain conditions to be “as far right as practicable”. Why would a cyclist be, or even want to be, to the left? It turns out there are many and various reasons why, and which are not only legal, but safer for the cyclist. Staying to the left can even be more convenient for other motorists, and improve traffic flow; with one such common situation described in detail here. Continue reading “Cyclists, stay to the … left?”
Police think the driver may have been impaired in this 3/12/2019 morning incident. Also, for some reason they are protecting the identity of the suspect. Maybe will be non-traffic? (for now it’s tagged). Continue reading “Driver Plows into home; may have been impaired”
Incident Feb 4, 2018 left an off-duty Tempe fire captain Kyle Brayer dead.
The defendant, Hezron Parks, has plead not guilty to a variety of charges: 3X aggravated assault, 7X endangerment, and leaving the scene, and some others. Murder charges, if any, have yet to be brought — “The defendant stated that he felt threatened and justified in grabbing his unholstered handgun” Continue reading “Road Rage, late-night bar-hopping, and guns”
Out for a Saturday morning group ride on Hardy Drive in Tempe July 2, 2016, cyclists had some sort of negative encounter with a motorist. Traffic would be light at 9AM on a Saturday morning in the dead of summer, except for the group of estimated 50 bicyclists (dispersed, not one group) and that motorist. The street here is very narrow, is traffic-calmed with ped islands and speed tables installed in a 2014/15 streetscape project, and has a speed limit of 30mph. Continue reading “This happened one day in Tempe”
Suspect Jowen Noel Moses arrested. DUI suspected. Suspect is reported to, besides the criminal acts described (aggravated assault, resisting arrest, unlawful flight, etc) have then attempted suicide in jail.
Incident occurred in the vicinity of Thomas and 48th Street; spanned Phoenix and Scottsdale.
Shooting update: Female driver shot by another female driver after a traffic collision. Injured driver collided w a 3rd car injuring 5 passengers Continue reading “ASU student dies in Tempe road-rage shooting”
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?”
Red light running, gunplay, road rage, DUI suspected, felony flight. Oh my.
Sunday 2/15/2015 ~ 9:30pm I-17 / Thunderbird Rd, Phoenix
Victim: Constance Swenson
Suspects: Dustin Sommerfield and Christina Moses Continue reading “Woman killed by red light runner”
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 see note about Harrassment statute, below
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]
Indicia of Criminality
Any incident must be considered in total; however, one or more of these actions by a driver may indicate criminal intentions, and not merely infractions. The more indications the more likely there was criminal intent. Note these indicators have little in particular to do with bicyclists, and are more-or-less the same as any road rage situation
- Repeated or prolonged horn activation
- Activating horn while stopped
- Changing lanes repeatedly
- Changing lanes to become impeded
- Failure to drive within one lane (“Straddling” lanes)
- Failure to change lanes when another lane is available
- Passing too closely
- Driving too slowly / Slowing or braking after passing
- Surging (speeding up then slowing down)
- Any Reckless or Aggressive Driving
- Causing extra noise (revving engine)
- Backing / returning to the scene of an incident
- Leaving the scene of a crash (“hit-and-run“)
This content was moved from comment on related article in-the-presence-requirement
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”
[2/19/2015; Officer Sweet plead guilty to one count of disorderly conduct. Sentenced to probation Mar 26, the judge said “Probably the greatest loss for [Sweet] is the loss of being on the police department and that he’ll never be a police officer again in the state of Arizona” ]
Road rage really does make some people do wacky stuff.
Oiy: an older gentleman (age? maybe 60?) and his neighbor were on their way to Monday morning Mass when they got into a road rage incident with the driver of van. The driver of the van, as things turn out, is an on-duty Phoenix Police officer transporting some prisoners in an unmarked van. Anyway, the police officer ended up pulling his gun; and he, the police officer, has since been arrested on suspicion of aggravated assault. This is a huge charge so it will be interesting to see how that turns out.
A couple of interesting points; the case apparently involves surveillance video (it would make sense the van has that) — this will be interesting video to watch.
The police officer after the “stop” drove off. The occupants of the other vehicle immediately made a police report — this is key to not let road-bullies slide, whoever they are.
The arrested police officer was 51-year-old Jeremy Sweet. In the other car were former state legislator “Ruiz and his passenger, fellow churchgoer Monica Rivera”.