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Drunk Driver Kills Cyclist, Flees Scene, Is Not Charged

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Old 11-02-23, 11:47 AM
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TC1
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Drunk Driver Kills Cyclist, Flees Scene, Is Not Charged

This was discussed over in the Commuting forum already, but it's relevant here and worth mentioning.

About a week ago, a drunk driver hit and killed a cyclist in Chicago. She fled the scene, but was caught, and arrested. She blew a .20 BAC at the time, and refused further blood and urine tests. Simply leaving the scene of a fatal crash in Illinois is a Class 1 felony, punishable by 4 to 15 years in prison -- even if sober.

Despite that pile of serious crimes and evidence, the district attorney's office flatly refused to do their job, and released her without any charges.

As I said in the other thread, it does not matter how much infrastructure we build nor how many laws we pass to regulate the usage of it. As long as our "law enforcement" is in complete dereliction of their duty, which has been the case for many years now, road user safety is not going to improve.
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Old 11-02-23, 11:56 AM
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That feeling applies to every law out there.
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Old 11-02-23, 01:03 PM
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Prosecutors have to face other realities. Maybe there is some dishonesty and under the table things going on, but it just as well might be that the Prosecutor might think that the chance they can't prove their case will waste valuable time they have for other things going on.

Have you wrote the prosecutor and ask them to make charges? Have you organized a group of people to back you up on that desire. That may do more for that one individual case than trolling here.
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Old 11-02-23, 01:19 PM
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Originally Posted by Iride01
... it just as well might be that the Prosecutor might think that the chance they can't prove their case will waste valuable time they have for other things going on.
I'm sorry, but she was witnessed hitting the cyclist IN A BIKE LANE, fleeing the scene, and caught driving drunk. If the prosecutor doesn't think they can prove that case, well...
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Old 11-02-23, 01:30 PM
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Originally Posted by Iride01
Prosecutors have to face other realities. Maybe there is some dishonesty and under the table things going on, but it just as well might be that the Prosecutor might think that the chance they can't prove their case will waste valuable time they have for other things going on.

Have you wrote the prosecutor and ask them to make charges? Have you organized a group of people to back you up on that desire. That may do more for that one individual case than trolling here.
On a cycling website, defending the indefensible, sounds more like trolling than anything the OP described.
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Old 11-02-23, 01:35 PM
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Originally Posted by Bald Paul
I'm sorry, but she was witnessed hitting the cyclist IN A BIKE LANE, fleeing the scene, and caught driving drunk. If the prosecutor doesn't think they can prove that case, well...
But how is discussing a prosecutor that has decided not to prosecute a case going to improve the overall safety of cycling?

Perhaps on the Advocacy side of what this forum is named, a group might get together and petition the prosecutor. And ask other Federal, State, City and other local authorities to put pressure on them as well as try to get more media involved.

However the OP didn't attempt to do any of that here. So it just seems more of a troll post to me.
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Old 11-02-23, 01:46 PM
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Originally Posted by TC1
This was discussed over in the Commuting forum already, but it's relevant here and worth mentioning.

About a week ago, a drunk driver hit and killed a cyclist in Chicago. She fled the scene, but was caught, and arrested. She blew a .20 BAC at the time, and refused further blood and urine tests. Simply leaving the scene of a fatal crash in Illinois is a Class 1 felony, punishable by 4 to 15 years in prison -- even if sober.

Despite that pile of serious crimes and evidence, the district attorney's office flatly refused to do their job, and released her without any charges.

As I said in the other thread, it does not matter how much infrastructure we build nor how many laws we pass to regulate the usage of it. As long as our "law enforcement" is in complete dereliction of their duty, which has been the case for many years now, road user safety is not going to improve.
Come ON FOLKS, this is CHICAGO we are talking about here. The very locus of police and prosecutorial emasculation. While I think that community involvement and meetings with the Prosecutorial Staff would be helpful, my fear is that once you found out the REASONS for no charges being filed, you'd be even more outraged.

Last edited by Roughstuff; 11-02-23 at 01:49 PM.
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Old 11-02-23, 01:50 PM
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just because there are no charges at the moment does not mean there will not be charges down the road. people think charges need to be charged immediately but sometimes it takes time. I will say most courts would agree driving impaired indicates that it was not an "accident" but a premeditated act, I mean you don't accidentally drink yourself to a .20 bac. I wonder if? I aint going to say what I am wondering...
the report said he was riding to work Monday morning and then it said he was riding home around 8pm maybe the DA is waiting for more accurate reports...
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Old 11-02-23, 04:27 PM
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Originally Posted by Iride01
Prosecutors have to face other realities. Maybe there is some dishonesty and under the table things going on, but it just as well might be that the Prosecutor might think that the chance they can't prove their case will waste valuable time they have for other things going on.
This is utter nonsense, and you should embarrassed and ashamed to have even written it. In Illinois, as I said, leaving the scene of a fatal crash is a Class 1 felony. The proof of this driver leaving the scene is beyond question -- multiple witnesses saw her drive away, and the police arrested her elsewhere.

Originally Posted by Iride01
Have you wrote the prosecutor and ask them to make charges? Have you organized a group of people to back you up on that desire.
It is not the citizens' responsibility to beg the district attorney to be bothered to do their job. We pay those civil servants precisely to do those jobs, and to do them without being constantly begged.

Originally Posted by Iride01
That may do more for that one individual case than trolling here.
There's only one troll in this conversation, and it isn't me.
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Old 11-02-23, 05:09 PM
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Originally Posted by jadmt
just because there are no charges at the moment does not mean there will not be charges down the road. people think charges need to be charged immediately but sometimes it takes time.
The crash occurred 9 days ago.

Originally Posted by jadmt
the report said he was riding to work Monday morning and then it said he was riding home around 8pm maybe the DA is waiting for more accurate reports...
No other reports are necessary, and it doesn't matter if it he was riding to work, or home, or to Key West. Multiple witnesses saw her run him down with her car, and she was arrested elsewhere. There is no scenario in which that does not constitute a violation of Illinois' ILCS 625 5/11-481:

Code:
(a) The driver of any vehicle involved in a motor vehicle crashes resulting in personal injury to or death of any person shall immediately stop such vehicle at the scene of such crash, or as close thereto as possible and shall then forthwith return to, and in every event shall remain at the scene of the crash until the requirements of Section 11-403 have been fulfilled.

Last edited by TC1; 11-02-23 at 08:26 PM. Reason: typo
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Old 11-02-23, 09:08 PM
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The driver has not yet been charged but based on the report it is likely they will be.
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Old 11-02-23, 10:29 PM
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I'm with those saying to give this time. Charges may be brought weeks or even months from now. I know as cyclists we would all like to see consequences immediately when it appears to be so clear cut. But, serious crimes demand a thorough investigation and that takes time.
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Old 11-03-23, 07:47 AM
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TC1 So what is the point of even posting this here? It does nothing to further either the Advocacy or the Safety that this forum is supposed to be about. I think we are all aware that drunk drivers pose a risk. And unfortunately it's a very real thing that not all crimes get punished.

And all you want to do is make a thread that is essentially a whine and cheese party because you feel as a citizen it's not your job to tell your elected and appointed officials that you feel a decision they made was wrong.

This doesn't belong in this forum.
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Old 11-03-23, 09:37 AM
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Originally Posted by TC1
This was discussed over in the Commuting forum already, but it's relevant here and worth mentioning.

About a week ago, a drunk driver hit and killed a cyclist in Chicago. She fled the scene, but was caught, and arrested. She blew a .20 BAC at the time, and refused further blood and urine tests. Simply leaving the scene of a fatal crash in Illinois is a Class 1 felony, punishable by 4 to 15 years in prison -- even if sober.

Despite that pile of serious crimes and evidence, the district attorney's office flatly refused to do their job, and released her without any charges.

As I said in the other thread, it does not matter how much infrastructure we build nor how many laws we pass to regulate the usage of it. As long as our "law enforcement" is in complete dereliction of their duty, which has been the case for many years now, road user safety is not going to improve.
Are you really that clueless about the typical timeline for completion of the investigation and the subsequent filing of charges in cases like this?
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Old 11-03-23, 10:17 AM
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Originally Posted by Iride01
TC1 So what is the point of even posting this here?
To ferret out trolls. And it worked.


The point, actually, was in the final sentence of my original post. You didn't bother to read it, because you were too excited to get started with your trolling, but go ahead and do so now.

Last edited by TC1; 11-03-23 at 10:32 AM.
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Old 11-03-23, 10:22 AM
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179 days for the same occurrence in Michigan.no respect for bicyclists OR motorcyclists.https://www.theoaklandpress.com/2016...yclists-death/
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Old 11-03-23, 10:23 AM
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Originally Posted by tomato coupe
Are you really that clueless about the typical timeline for completion of the investigation and the subsequent filing of charges in cases like this?
Go tie one on, and kill someone with your car. Leave multiple witnesses alive and get arrested while still drunk. See if you walk away without any charges.
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Old 11-03-23, 10:36 AM
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Originally Posted by TC1
Go tie one on, and kill someone with your car. Leave multiple witnesses alive and get arrested while still drunk. See if you walk away without any charges.
Again, you seem clueless about how the legal system works. Local law enforcement has to finish their investigation and deliver their results to the District Attorney. The District Attorney then evaluates the results of the investigation, decides what charges are appropriate, and then files charges. They don't care about the impatience of people like you -- their end goal is to maximize the chance of a conviction.
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Old 11-03-23, 10:45 AM
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Originally Posted by tomato coupe
Again, you seem clueless about how the legal system works.
I assure you that I am not, your misguided speculation notwithstanding.

Originally Posted by tomato coupe
Local law enforcement has to finish their investigation and deliver their results to the District Attorney.
If you think Chicago Police are investigating a crash for two weeks, it is you that is clueless. They don't even bother to arrest 99% of the drivers who commit a hit-and-run.

https://www.nbcchicago.com/investiga...rimes/2759493/
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Old 11-03-23, 10:49 AM
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Cases are lost on procedure, not on the clock. Given the breath of the media coverage on this seen by searching on victim's name, I doubt this story is over.
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Old 11-03-23, 10:53 AM
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Originally Posted by TC1
I assure you that I am not, your misguided speculation notwithstanding.



If you think Chicago Police are investigating a crash for two weeks, it is you that is clueless. They don't even bother to arrest 99% of the drivers who commit a hit-and-run.

https://www.nbcchicago.com/investiga...rimes/2759493/
Despite your protestations, thorough investigations take time. From the article you linked:

"Investigations into hit-and-run accidents can be lengthy due to evaluating and processing both physical and digital evidence, in addition to obtaining witness statements," CPD’s statement reads. "Further, many of these investigations rely on forensic evidence, which requires additional time to be analyzed as we seek justice for victims and their families."
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Old 11-03-23, 11:49 AM
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Originally Posted by tomato coupe
Despite your protestations, thorough investigations take time.
Not when there are multiple living witnesses, and the perpetrator was arrested driving the murder weapon while still intoxicated.

There is no investigation required to charge that driver with a Class 1 felony of leaving the scene -- and, if you knew half as much about the legal system as you pretend to, you'd be aware that further charges can always be added later.

Nice try, though. Keep defending the cops who are on-strike, and not even bothering to locate 99% of hit-and-run perpetrators. Maybe pick up a newspaper from time to time, and check out the crime waves crippling virtually every American city, in between your defenses of those we pay to prevent such.

https://www.propublica.org/article/w...ing-their-jobs
https://www.insider.com/police-have-...-become-2020-6
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Old 11-03-23, 11:59 AM
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Originally Posted by TC1
Not when there are multiple living witnesses, and the perpetrator was arrested driving the murder weapon while still intoxicated.

There is no investigation required to charge that driver with a Class 1 felony of leaving the scene -- and, if you knew half as much about the legal system as you pretend to, you'd be aware that further charges can always be added later.

Nice try, though. Keep defending the cops who are on-strike, and not even bothering to locate 99% of hit-and-run perpetrators. Maybe pick up a newspaper from time to time, and check out the crime waves crippling virtually every American city, in between your defenses of those we pay to prevent such.
You're not even directing your angst towards the right group -- the police don't charge people with crimes, the district attorney does.
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Old 11-03-23, 12:03 PM
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Originally Posted by tomato coupe
You're not even directing your angst towards the right group -- the police don't charge people with crimes, the district attorney does.
First of all, I mentioned the DA repeatedly above. Read first.

Second, the DA cannot charge anyone that the cops don't arrest. The 99% figure I mentioned are the hit-and-run perpetrators who are never even arrested. Only 0.8% of hit-and-run cases in Chicago result in an arrest. Charge and conviction rates are even lower -- as you'd be able to figure out if you understood as much as you claim.
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Old 11-03-23, 12:13 PM
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Originally Posted by TC1
Second, the DA cannot charge anyone that the cops don't arrest.
Let's stick to reality here. If the DA decides to charge someone with a crime, the police will arrest them.
The 99% figure I mentioned are the hit-and-run perpetrators who are never even arrested. Only 0.8% of hit-and-run cases in Chicago result in an arrest. Charge and conviction rates are even lower -- as you'd be able to figure out if you understood as much as you claim.
The low rate is because most hit-and-run cases (~ 90%) remain unsolved -- you can't charge someone if you don't know who they are.
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