Jennifer Buntz, President of the Duke City Wheelmen Foundation (DCWF), penned this (so to speak) to the BikeABQ, the Albuquerque bicycling listserve. Worth posting here, so here it is with my blessings:
Traffic Safety
"In the complicated world of bicycles and motor vehicles sharing the same
streets and highways, things usually go right, but sometimes they can go wrong.
When they do go wrong,
DCWF along with the
New Mexico Motorcycle Rights Organization have been working to strengthen the penalties that can be imposed
on offenders.
We will again be working with Rep. Miera on a "vehicle
neutral" piece of legislation that would up the penalty options for a "Careless
Driver" (as defined in NM State law) who causes the death or great bodily harm
of another road user.
The morass of "Careless" vs. "Reckless" driving
and when "Homicide by Vehicle" can be charged is described at
DukeCityWheelmen.org
It is confusing at first, mostly because it just
doesn't make any sense that a death (or great bodily harm) can be punished so
lightly. I have talked to several people from the District Attorney's office
and the office of the NM Attorney General about the situation. They all tell me
the same thing, that currently other charges (and the associated stiffer penalty
options) are not applicable to the most common type of circumstances that
surround crashes that claim the lives of cyclists (or motorcyclists or
pedestrians for that matter).
In 1993 a driver was charged with
involuntary manslaughter for the crash that she caused (the person who died was
a passenger in the car at the time). Although convicted, the conviction was
ultimately overturned because NM law specifies deaths in traffic crashes be
charged under the "Homicide by Vehicle" statute. This in turn requires the
charge can only be brought under the circumstances of "Reckless Driving" or
"Driving Under the Influence."
State v. Yarborough, 1996 NMSC 068, 21, 122 N.M. 596, 930
P.2d 131 - Which determined in part that merely careless driving cannot form
basis for involuntary manslaughter conviction, which requires showing of
criminal negligence.
We saw in the trial of Miranda Pacheco
for the death of cyclist David Anderson how difficult it is for the prosecution
to convince a jury "beyond a reasonable doubt" that the circumstances actually
meet those required for the actions to be deemed "Reckless Driving." In this
case, although Ms. Pacheco was charged with "Homicide by Vehicle, Reckless" the
jury convicted only on the "Careless Driving" alternative
charge.
Alternatively, the driver who killed cyclist Matt Trujillo,
Memori Hardwick, was charged with (and plead guilty to) "Homicide by Vehicle,
Driving Under the Influence" and was sentenced under the much harsher penalties
allowed.
Please take the time to educate yourself about this issue.
For the law to change, we will need everyone who feels incensed by the
situation to write to their State Representative, Senator and to our
Governor.
No law or safety device will ever take the place of driving your bicycle with
safety ALWAYS in the front of your mind. Same goes for time you spend driving a
motorized vehicle too. Or when you are walking your dog for that matter. Any
time we are on the road we need to think for ourselves and the other road users
out there. We need to obey the
rules of the
road as we are most predictable when we do.
Wave at motorists to get
their attention, to acknowledge when they do the right thing and to let them you
know they are there. This simple action can go a long way towards giving you
hassle free, pleasant rides and keep you safer all at the same
time!"
Thanks
Jennifer Buntz
President, Duke City Wheelmen
Foundation
