CALIFORNIA BICYCLE NEWS AND CYCLING SAFETY TIPS BLOG

Alcohol and Cycling Don’t Mix!

Posted on February 2, 2012 by Dudek Law Firm

When people think of driving under the influence, they usually associate it with driving a car or a truck. Many people do not realize that cyclists are subject to the same laws as motorists. California law [V C Section 21200.5] states that “it is unlawful for any person to ride a bicycle upon a highway under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person’s blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person’s blood pursuant to Section 23612, and, if so requested, the arresting officer shall have the test performed.” People tend to think that you are less of a threat on a bicycle than operating a car if…
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Defendant in Fatal DUI Bicycle Accident Contemplates Plea Bargain

Posted on January 31, 2012 by Dudek Law Firm

A judge in Santa Maria, California extended the deadline for a defendant to consider a plea bargain in a fatal DUI bicycle accident case, according to the SantaMariaTimes.com. Aaron Richard Ceja, 20, of Nipomo, is facing vehicular manslaughter and DUI charges after crashing into a cyclist in rural Arroyo Grande in June of 2011. His blood alcohol concentration was over twice the legal limit. Ceja’s attorney, James Royer, believes they may be close to reaching a plea bargain with the prosecution. “I don’t want him to think he was forced into anything,” says Royer. “I don’t want him to feel pressured. We are close to a resolution.” Royer claims that there is an offer from prosecution that includes a prison sentence, but did not specify how long. Royer says his client deserves to serve his time in a County Jail as opposed to a state prison, citing that this is…
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Extremely Intoxicated Motorist Runs Down Cyclists in Hummer SUV

Posted on January 26, 2012 by Dudek Law Firm

According to police reports, Satnam Singh had a blood-alcohol concentration on .39 percent when he struck a cyclist in Ventura, California, according to the Ventura County Star. Singh struck 20-year-old cyclist Nick Haverland with his Hummer SUV on May 11, 2011, killing him instantly. Singh was almost 5 times over the legal limit at the time of the accident. Marc Biederman, Singh’s attorney, argued that the prosecution should drop the second-degree murder charges because his client was too drunk to have intentionally disregarded human life. “The degree of intoxication was so high it would have rendered him incapable to entertain any kind of implied malice,” said Biederman. Before striking Haverland, Singh had already knocked over two other cyclists and rear-ended a car. Judge Charles Campbell was not buying into that logic and refused to dismiss the murder charge. “And then he hits this boy on a bicycle completely without any…
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