A cyclist injured by a hit and run is angry the alleged driver is not facing more serious charges.
On Wednesday, a Lee’s Summit woman was charged for the incident in Clay County Circuit Court. Dawn Mais, 29, faces the class A misdemeanor of leaving the scene of a motor vehicle accident.
“I’m absolutely dumbfounded,” said Chuck Pullium, who was hit while riding his bike near the Wheeler Downtown Airport on September 26. “The woman threatened to do bodily harm and then carried through with her threat.”
Pullium accused the driver of honking her horn, yelling at him to get off the road, and then hitting him on NW Lou Holland Drive. The accident mangled Pullium’s bike and left him with a cracked tailbone.
The driver didn’t stop, but Pullium and his son returned to the area the next day. They located the suspected vehicle parked in a secure lot at the airport and called police. A probable cause statement said that “officers observed a scratch on the right front of the vehicle.”
So does that mean that this bicycle state statute
is no longer in effect?
(http://mobikefed.org/statutes.html#summaries)
300.411 And 304.678
Overtake Bicycles At A Safe Distance
(1) The operator of a motor
vehicle overtaking a bicycle proceeding in the same direction on the
roadway, as defined in section 300.010, RSMo, shall leave a safe distance,
when passing the bicycle, and shall maintain clearance until safely past
the overtaken bicycle. (2) Any person who violates the provisions of this
section is guilty of an infraction unless an accident is involved in which
case it shall be a class C misdemeanor.
She should at least get
Class A & C. As well the reporters should be doing more work into the laws
to inform the public that there are already laws on the books and this
motorist broke more than one law. I sure hope that this issue doesn't
start a new precedence. As well this was not an "accident" it was
intentional. So it really should be an even stiffer penalty!
Brent wrote:
12/03/09 10:42pm •
65.70.156.216
"does that mean that this bicycle state statute
is no longer in effect?"
No--it simply means that police and
prosecutors enforce the law very non-uniformly.
There are several
other traffic laws that could have been applied.
And what's more,
leaving the scene of a collision should be a Class D felony, if injury or
more than $1000 damage is involved (as it was in this case).
See
the link below for MO law on fleeing the scene of a collision
300.411 And 304.678 Overtake Bicycles At A Safe Distance
(1) The operator of a motor vehicle overtaking a bicycle proceeding in the same direction on the roadway, as defined in section 300.010, RSMo, shall leave a safe distance, when passing the bicycle, and shall maintain clearance until safely past the overtaken bicycle. (2) Any person who violates the provisions of this section is guilty of an infraction unless an accident is involved in which case it shall be a class C misdemeanor.
She should at least get Class A & C. As well the reporters should be doing more work into the laws to inform the public that there are already laws on the books and this motorist broke more than one law. I sure hope that this issue doesn't start a new precedence. As well this was not an "accident" it was intentional. So it really should be an even stiffer penalty!
No--it simply means that police and prosecutors enforce the law very non-uniformly.
There are several other traffic laws that could have been applied.
And what's more, leaving the scene of a collision should be a Class D felony, if injury or more than $1000 damage is involved (as it was in this case).
See the link below for MO law on fleeing the scene of a collision
Web link: http://www.moga.mo.gov/statutes/C500-599/5770000060.HTM< /i>