Thanks for the detailed explanation, Clay. Do you have an opinion on the best way for citizens or groups to advocate for justice in a case like this? Is it by sharing their opinions with the DA and asking for criminal charges to be brought?
On Wed, Jun 10, 2015 at 1:29 PM, Clayton Griessmeyer < [email protected]> wrote: > Grant, > > > > Police have discretion and can issue a citation or not issue a citation. > Citation means fine only and no possibility of jail. Regarding a criminal > charge (possibility of jail), like you mention, [346.62(3)], that can arise > in various ways. Sometimes the police recommend certain charges to the > local d.a. The d.a. looks over the reports and decides whether to file a > criminal case alleging the crime the officer recommends, a different > charge(s) the prosecutor feels is appropriate, or no charges. Police > cannot charge someone with a crime, they can only ask the d.a. to do it. > However, if the police don’t recommend criminal charges, the d.a. can file > criminal charges anyway. For example, even though in this case it appears > that the police only cited the driver, a d.a. could file criminal charges > if they felt it was appropriate. Finally, Wisconsin law allows judges to > bring a criminal complaint under certain circumstances even if the d.a. > refuses to bring charges. > > > > If a d.a. filed criminal charges based on 346.62(3) they would have to > prove beyond a reasonable doubt: > > > > 1. Driver operated a vehicle on a highway > > 2. The driver operated vehicle in a manner constituting criminal > negligence. Criminal negligence means > > a. driver’s operation of vehicle created risk of death or great bodily > harm; > > b. Risk of death or great bodily harm was unreasonable and substantial and > > c. driver should have been aware that his or her operation of a vehicle > created unreasonable and substantial risk of death or great bodily harm. > > 3. The driver’s criminal negligence caused the bodily harm to the > bicyclist. This requires that the drivers conduct was a substantial factor > in producing bodily harm. Bodily harm means physical pain or injury, > illness, or any impairment of physical condition. > > > > My personal view is that oftentimes police consider these things > “accidents” and figure if a driver was not either texting, drunk, or > intentionally injuring the bicyclist that the will just give them a > ticket. Sometimes there is also a lack of knowledge of the law and > apparent bias against bicyclists in my opinion. > > > > Clay > > > > *From:* Bikies [mailto:[email protected]] *On Behalf Of *Grant > Foster > *Sent:* Wednesday, June 10, 2015 12:40 PM > *To:* Michael Rewey > *Cc:* bikies-danenet.org > *Subject:* Re: [Bikies] Dump truck > > > > Does anyone on this listserv have better insight into normal citation > practices for traffic collisions? I'm (naively) surprised that this > incident resulted in a citation for *unsafe passing of a > bicyclist--346.075* (penalty of $20-200 for the first offense). Why isn't > this *negligent operation of a vehicle causing bodily harm--346.62 (3)* > (penalty of $300-2,000 and 30-365 days in county jail)? I don't have any > details other than what was published in the article and am not saying the > driver is guilty, but it seems like the laws and penalties are designed to > address different consequences of bad actions. A ticket for $20-200 seems > appropriate if someone is caught passing with less than 3', but doesn't > cause any harm (like the proactive enforcement happening in Chattanooga > http://www.timesfreepress.com/news/local/story/2015/jun/07/3-feet-or-else/308339/). > But if this negligent behavior (passing a cyclist with less than 3' of > clearance) results in the loss of property or causes harm or death, isn't > the intent to have a greater penalty? I'm not a big fan of incarceration > and would prefer penalties that restrict driving privelages and require > additional training, but $20-200 for running someone off the road (whether > on a bike or in a MV) and landing them in the hospital doesn't quite > compute. Does the same practice occur for MV vs. MV collisions? > > > > Grant > > > > On Wed, Jun 10, 2015 at 12:27 PM, Michael Rewey <[email protected]> > wrote: > > Mr. Skindrud never had a lick of sense no matter what side of the aisle he > sat on. I feel what > he did was stupid, but not intentional. > > > > On 10 Jun 2015 at 11:45, ivar moi wrote: > > Sue the truck outof him. > > > > On Wednesday, June 10, 2015 12:06 AM, William Hauda <[email protected]> > wrote: > > > Give some people the keys to a dump truck and they'll try to kill > you. I don't believe all Republicans hate bicyclists, but this guy, > while he may or not be be an exception, is reflecting a prevailing > attitude amongst legislators antagonistic to bicycling. > > http://www.channel3000.com/news/med-flight-responds-to-dump-truck-bicyclist- > collision/33483812 > _______________________________________________ > Bikies mailing list > [email protected] > http://lists.danenet.org/listinfo.cgi/bikies-danenet.org > > > > > _______________________________________________ > Bikies mailing list > [email protected] > http://lists.danenet.org/listinfo.cgi/bikies-danenet.org > > >
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