Bicycle Austin forum

Donald Lewis

Member

Registered: 2009-07-11

Posts: 184

Hit and run against cyclist (8/1/14, Airport at 12th)

Police are looking for a driver who hit a cyclist and fled the scene, according to a press release.

A maroon Chevrolet Lumina struck a minor riding his back near the intersection of Airport Boulevard and East 12 Street on Aug. 1, according to police. The cyclist was knocked off his bike and the driver fled the scene. The cyclist sustained non-life threatening injuries, officials said.

The suspect is described as a 30-year-old Hispanic male, heavy build with a silver nose ring, police said. The first three letters of the license plate are CSX.

Anyone with information or who may have witnessed this crash is asked to call APD's Leaving the Scene Unit at 512-974-6935.

http://www.kvue.com/story/news/local/20 … /13773861/

dougmc

Administrator

Registered: 2008-06-01

Posts: 631

Re: Hit and run against cyclist (8/1/14, Airport at 12th)

You'd think with three letters of the plate and the color, make and model that the police would have enough to narrow it down to just a handful of cars, if not just one.

MichaelBluejay

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From: Austin, TX

Registered: 2008-05-26

Posts: 1,466

Website

Re: Hit and run against cyclist (8/1/14, Airport at 12th)

Once when I was hit-and-run'd, I had the complete license plate and contact info for witnesses, but APD had no interest in charging the driver with anything because I wasn't injured.  The detective couldn't fathom why I wanted charges filed.

RedFalcon

Member

Registered: 2013-10-10

Posts: 233

Re: Hit and run against cyclist (8/1/14, Airport at 12th)

When I was hit and run some bystanders got the plate and the make and model of the car.  I was hit just down the street from a police station, and within sight of both a fire station and a hospital.  I didn't call them myself, but they were all there within moments.  The police just happened to have a helicopter in the air nearby too, and so they directed it to help in the search for the car.

The officer in charge was able to track down the car, and they went to go question the driver.  The officer told me that, unfortunately, the driver had already 'lawyered up' and had been advised to not talk to the cops.   I'm not a huge fan of the police, but I will say the officer in charge seemed to be doing his best, and he was pretty angry he wasn't allowed to go after the driver.  Apparently, without someone seeing the actual face of the driver, nothing can be done.   He told me the DA would not pursue cases like this.  (And yes, I checked.  It was a year or so before the drunk DA was there.)

What I don't understand is how you can get a ticket at a red-light-camera, even if your face doesn't show, but you are free and clear to run people over.  It seems to me we ought to be able to at least fine the person who owns the car.  If you choose to own a dangerous piece of equipment; a car, a firearm, or a viscous dog, then you ought to be accountable for it at all times.   But, I guess that runs counter to the idea of FREEDOM!   Cuz AMERIKA!

If you want to kill someone in Texas - just make sure that person is on a bike or walking.  And if it takes you a few drinks to get into a homicidal state - no worries - we have plenty of happy hours to help with that.

MichaelBluejay

Webmaster

From: Austin, TX

Registered: 2008-05-26

Posts: 1,466

Website

Re: Hit and run against cyclist (8/1/14, Airport at 12th)

RedFalcon, I'm glad the police were more helpful in your case.  In mine, the driver *admitted* that he hit me, so there was no legal barrier to charging him, but the detective couldn't understand what the big deal was (to me) since I hadn't been injured.  I neglected to mention, the driver hit me on purpose, though he didn't admit that part.  Anyway, my case was around 2000, so maybe things have changed.

What I don't understand is how you can get a ticket at a red-light-camera, even if your face doesn't show, but you are free and clear to run people over.

I've wondered the exact same thing.  I agree that owners should be responsible for their vehicles.  Letting people get away with hit-and-runs is too much of a loophole -- especially considering the HUGE percentage of drivers who are quite happy to shirk responsibility for their actions.

dougmc

Administrator

Registered: 2008-06-01

Posts: 631

Re: Hit and run against cyclist (8/1/14, Airport at 12th)

What I don't understand is how you can get a ticket at a red-light-camera, even if your face doesn't show, but you are free and clear to run people over.

In Texas, the red light camera is a civil thing, like a parking ticket.  Getting a red light ticket from an officer, or a hit and run ... that's a criminal thing.

The evidentiary requirements for each type of thing are very different.  In the case of a red light ticket or a parking ticket (civil), you own the car so you're on the hook for damages, even if you weren't the driver.  And if you don't pay, in general they can't put you in jail because of it (that would be a debtor's prison, though a judge could order you to pay and then when you don't you're charged with contempt of court, so there is a back door way to create a debtor's prison,in spite of what the Constitution says.)

In the case of a criminal charge, a person has to be charged with that, not just some property.  But the charges have to be shown "beyond a reasonable doubt", and the courts have generally decided that without a description of the driver in such a case that there's not enough evidence.

I'm not saying this is right or fair, just explaining why things work the way they do.

Of course, the thing to take away from this is that getting a look at the driver is at least as important as getting the license plate.  Needless to say, a clear picture of both, and video of the offense is ideal, but short of that, try to get a look at the guy if you want the police to do anything.

And that said ... often people are stupid and the police will take advantage of that.  So they'll find the guy based on his plate or a description of the car, and try to get him to incriminate himself.  If he does ... then that's enough evidence.  But if they're smart enough to shut up ... the police can't or won't do much.

MichaelBluejay

Webmaster

From: Austin, TX

Registered: 2008-05-26

Posts: 1,466

Website

Re: Hit and run against cyclist (8/1/14, Airport at 12th)

As usual, dougmc has the answers.  Thanks!

In my case, the driver did incriminate himself.  But the police still didn't want to take any action.  The detective was like, "You weren't hurt, he paid for the damage to your bike, what's the problem?"

Only that the driver intentionally hit me and then fled the scene, which is a criminal offense (actually, two).  Except in the mind of the APD detective working my case.

RedFalcon

Member

Registered: 2013-10-10

Posts: 233

Re: Hit and run against cyclist (8/1/14, Airport at 12th)

Maybe we are going about this the wrong way.  Instead of trying to get hit and run to be a serious offense punishable by time in prison, we should try and go the opposite direction.   Maybe we would be better off if hit and run was just a relatively minor civil offense like not cleaning up after your dog when he craps on the sidewalk. 

Remember how OJ Simpson was innocent of criminal charges but still lost in civil court?  I wonder what can be done along those lines.  I guess not much.  When I was hit and run I did ask a lawyer for help, but he told me the damage and injuries weren't bad enough to make a case of it.  He told me I would be spending way more than I would ever receive.

Yes, to trying to get a look at the driver, but good luck with it!  It seems a lot more cars have heavily tinted windows now.   Making eye contact at intersections is often impossible. Way back when I was in college I wanted tinted windows on my car.  I couldn't afford to get it done right, so I settled for the cheap film stuff you add yourself.  I remembering being told I couldn't legally put it on the windshield or front windows.   Have these laws changed?   If not, I wonder if a driver with tinted windows, involved in a hit and run, could have some kind of legal consequence.

ggw

Member

From: Austin, TX

Registered: 2008-05-27

Posts: 35

Website

Re: Hit and run against cyclist (8/1/14, Airport at 12th)

That the very thought I had after reading the previous posts.

We don't want a possibly injured person left unattended. What happened is not considered a crime.

Make it clear (as we reasonably can) that we (society) really want the victim attended to. No fault (as long as a personal relationship between the parties is not pertinent).

If you think you may have come in contact, stop, give aid as seems appropriate, pass the situation off to a responsible party, and you are done.

[It is my personal opinion that any lack of feeling of guilt by the perpitator will not be altered, but they may still be willing to give immediate aid in one way or another.]