Not sure on the best way to advocate as a group. I am also not sure how seriously the d.a. office would take comments/opinions from people who were not there. If witnesses who were riding with this person, and the injured person himself provided facts to the d.a. office, photos, statements, etc. supporting the charge, I don’t know why they wouldn’t charge it.
I am a huge fan of riding with cameras. I ride with helmet cam and rear facing fly six. Video proof=swift justice. Clay From: Grant Foster [mailto:[email protected]] Sent: Wednesday, June 10, 2015 1:44 PM To: Clayton Griessmeyer Cc: Michael Rewey; bikies-danenet.org Subject: Re: [Bikies] Dump truck 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] <mailto:[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] <mailto:[email protected]> ] On Behalf Of Grant Foster Sent: Wednesday, June 10, 2015 12:40 PM To: Michael Rewey Cc: bikies-danenet.org <http://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] <mailto:[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] <mailto:[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- <http://www.channel3000.com/news/med-flight-responds-to-dump-truck-bicyclist-collision/33483812> collision/33483812 _______________________________________________ Bikies mailing list [email protected] <mailto:[email protected]> http://lists.danenet.org/listinfo.cgi/bikies-danenet.org _______________________________________________ Bikies mailing list [email protected] <mailto:[email protected]> http://lists.danenet.org/listinfo.cgi/bikies-danenet.org
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