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The death of cyclist Jeffrey Stevenson and my ambivalence toward bike lanes

Home Forums General Columbus Discussion The death of cyclist Jeffrey Stevenson and my ambivalence toward bike lanes

This topic contains 163 replies, has 0 voices, and was last updated by Tom Over Tom Over 6 years, 6 months ago.

Viewing 15 posts - 61 through 75 (of 169 total)
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  • #374762

    mrsgeedeck
    Participant

    Wow. I know people with DUI/OVI who hit/killed no one who have gotten stronger sentences than this. Obviously, not innocent, but kind of ridiculous to know the law thinks its worse to find a person asleep in the back of their car, keys out of ignition (honestly happened to a friend) than it is to be responsible for a hit and run.

    #374763

    cheap
    Member

    0Angle said:
    What part(s) of the article do you find hard to take seriously?

    it’s written by an attorney.

    an attorney represented the young lady,negotiating a plea deal with the prosecutor that got her 30 days for killing this kid.

    attorneys are part of the problem with the legal process,not the solution.

    #374764

    Anonymous

    What is the solution to the legal system? If someone gets killed by a hit & run driver at 3:00 in the morning, to whom should their family turn?

    #374765

    DavidF
    Participant

    cheap said:
    it’s written by an attorney.

    an attorney represented the young lady,negotiating a plea deal with the prosecutor that got her 30 days for killing this kid.

    attorneys are part of the problem with the legal process,not the solution.

    Sure, and doctors are what’s wrong with medicine.

    (insert meaningless and uninformed generalization here)

    #374766

    cheap
    Member

    DavidF said:
    Sure, and doctors are what’s wrong with medicine.

    (insert meaningless and uninformed generalization here)

    try to stay on topic instead of slinging petty attacks

    #374767

    DavidF
    Participant

    cheap said:
    try to stay on topic instead of slinging petty attacks

    Well, at least you are funny.

    #374768

    bikelawyer
    Member

    Attorneys, good attorneys on both sides of the case, make the system work. I’m not sure what happened at the sentencing hearing for Amber Fernandez. As my blog piece, cited above, points out, I represented Jeff’s mom in a civil case against Amber. I wrote the blog piece to illustrate both my response to what I see as a stupid, ridiculous sentence – a sentence that should have been far harsher than thirty days. I also wrote it as a way of exploring the motivations of those who crash into stuff and run….

    Amber’s lawyer filed a Sentencing Memorandum on her behalf. In it he makes, to me, some outrageous statements. He describes this as a “freak” accident – and claims that Amber “cooperated fully” with police… what a pile of BS… Amber didn’t “cooperate” with police until they had her matched up with the car that killed Jeff… She HAD to have known she killed him, eh? Media coverage about a hit/run on Sawmill – the road she was on – occurring right around the time she was on it – and here she was with bloodstains and DNA embedded in her windshield???

    I’m not sure what the judge was thinking here -what’s the message 30 days sends? To me it’s simple – the message to those who run into stuff is RUN BABY RUN before the cops get you… if you stick around you might get nailed for vehicular homicide, but if you run, you might just do a quick 30 days…

    Steve Magas
    The BIke Lawyer…

    DavidF said:

    #374769

    Rockmastermike
    Participant

    bikelawyer said:She HAD to have known she killed him, eh? Media coverage about a hit/run on Sawmill – the road she was on – occurring right around the time she was on it – and here she was with bloodstains and DNA embedded in her windshield???

    Indeed. For her to say she had no idea she hit someone is either the worst kind of bullshit or she was so drunk she had no business being near a car.

    On the other hand, even if it’s somehow true she ran over someone without realizing it, it shows she’s so oblivious to the world around her she should never have a drivers license. Ever.

    #374770

    cheap
    Member

    bikelawyer said:
    Attorneys, good attorneys on both sides of the case, make the system work. I’m not sure what happened at the sentencing hearing for Amber Fernandez. As my blog piece, cited above, points out, I represented Jeff’s mom in a civil case against Amber. I wrote the blog piece to illustrate both my response to what I see as a stupid, ridiculous sentence – a sentence that should have been far harsher than thirty days. I also wrote it as a way of exploring the motivations of those who crash into stuff and run….

    Amber’s lawyer filed a Sentencing Memorandum on her behalf. In it he makes, to me, some outrageous statements. He describes this as a “freak” accident – and claims that Amber “cooperated fully” with police… what a pile of BS… Amber didn’t “cooperate” with police until they had her matched up with the car that killed Jeff… She HAD to have known she killed him, eh? Media coverage about a hit/run on Sawmill – the road she was on – occurring right around the time she was on it – and here she was with bloodstains and DNA embedded in her windshield???

    I’m not sure what the judge was thinking here -what’s the message 30 days sends? To me it’s simple – the message to those who run into stuff is RUN BABY RUN before the cops get you… if you stick around you might get nailed for vehicular homicide, but if you run, you might just do a quick 30 days…

    Steve Magas
    The BIke Lawyer…

    something does not jive here.
    that prosecutor should have contacted the family of the victim,and asks them what sentence they recommend.
    you represent the family of the victim,what did you tell the prosecutor?

    #374771

    bikelawyer
    Member

    Nobody asked me.

    Had they asked, I would have requested a significant sentence. As her lawyer argues, there are many factors which drive sentencing – here, we have an act that led to the death of a human being. The ONLY reason that death could not be fully and completely investigated is that the driver broke the law and left the scene – you are required to stop anytime there is a crash -doesn’t matter if you hit a person or a mailbox – for property damage crashes, the owner of the mailbox, or telephone pole, or car, is entitled to a report and to get to your insurance. If you hit a person… well… SOCIETY is entitled to have the matter investigated and, if the facts warrant, to have the driver charged with a serious crime – Amber avoided that investigation by failing to report the crash immediately… indeed, failing to report it at ANY time.

    There has been one death on TOSRV, the Mother’s Day ride from Columbus to Portsmouth and back. Sara Bender hit Dr. Crowley in the rain on Route 23, then left him there. She went home, but returned in another vehicle and talked to OSHP troopers investigating the crash. She was charged with a felony leaving the scene, but the jury convicted her of a misdemeanor. She got SIXTY days on the misdemeanor – she came back and told the cops what she thought happened [“I hit a sign”].

    Here, even if you accept that she did not IMMEDIATELY know she hit a human being, at some point very soon after that – 12 hours or less would be my guess – she had to come to the realization that she was the one who killed Jeff. So that would have been May 22-23, 2010 – she was indicted in July 2011, 14 months later – over 400 days later – I would like to know when it was that she was so “cooperative” with police as her lawyer argued. Was it before or after they filed a motion to keep the evidence of Jeff’s DNA on her windshield out of evidence. I would like to know what she told her insurance company about what happened that night. I would like to know what she told the body shop. I would like to know what she told her co-workers when they talked about crash at work. I would like to know when the police first contacted her, and what she told them.

    When did her “PTSD” get fired up? I suspect she WAS “stressed” – from hiding out, from being afraid that folks would figure out that she killed Jeff, from worrying about going to prison, from being charged with felonies…

    Hit/run cases are an epidemic. A significant sentence would have sent a strong message – Stick Around or you’ll go to jail. 30 Days also sends a very significant message – RUN BABY RUN…

    cheap said:
    something does not jive here.
    that prosecutor should have contacted the family of the victim,and asks them what sentence they recommend.
    you represent the family of the victim,what did you tell the prosecutor?

    #374772

    dahopper
    Participant

    It has been my thinking for years that driving in Columbus is especially bad, and then when one throws in bikes it is even worse (and I actively support bike lanes and lobbied for them in our neighborhood). But, what to do about bad driving in C-bus, I’m not sure — I don’t know if it is the fault of watered down driver’s ed classes (from what I’ve heard they aren’t as rigorous as they used to be), the fault of employers who regardless of traffic conditions expect their employees to be able to take a half an-hour lunch and drive sanely, or just ignorant drivers in-general, but driving in C-bus is deplorable. AND, it seems to get worse in the suburbs – were supposedly the education standards are high, and the “urban rush” less intense. Dublin drivers are notoriously insane!

    #374773

    Alex Silbajoris
    Participant

    You don’t want to be on Avery Road during the lunch rush.

    #374774

    cheap
    Member

    dahopper said:
    It has been my thinking for years that driving in Columbus is especially bad, and then when one throws in bikes it is even worse (and I actively support bike lanes and lobbied for them in our neighborhood). But, what to do about bad driving in C-bus, I’m not sure — I don’t know if it is the fault of watered down driver’s ed classes (from what I’ve heard they aren’t as rigorous as they used to be), the fault of employers who regardless of traffic conditions expect their employees to be able to take a half an-hour lunch and drive sanely, or just ignorant drivers in-general, but driving in C-bus is deplorable. AND, it seems to get worse in the suburbs – were supposedly the education standards are high, and the “urban rush” less intense. Dublin drivers are notoriously insane!

    heck,i was almost clipped riding my ten speed on a country road when i was 15.

    you could say people drive shitty anywhere.

    #374775

    Alex Silbajoris
    Participant

    cheap said:
    heck,i was almost clipped riding my ten speed on a country road when i was 15.

    you could say people drive shitty anywhere.

    Chicago can be pretty bad.

    #374776
    Walker Evans
    Walker Evans
    Keymaster

    dahopper said:
    It has been my thinking for years that driving in Columbus is especially bad…

    Everyone in every city thinks their drivers are the worst, because that’s what they see on a daily basis.

    In related news… https://www.columbusunderground.com/forums/topic/ohio-ranked-10-for-best-drivers-in-the-us

Viewing 15 posts - 61 through 75 (of 169 total)

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