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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIn Calabasas death of cyclist Milton Olin, no charges against typing deputy
Source: Los Angeles Daily News
The Los Angeles County District Attorneys Office declined to press charges against a sheriffs deputy who was apparently distracted by his mobile digital computer when he fatally struck cyclist Milton Olin Jr. in Calabasas in December, officials announced Wednesday.
Olin, a prominent entertainment attorney, was riding his bicycle in the 22400 block of Mulholland Highway when he was struck by L.A. County Sheriffs Deputy Andrew Woods patrol car in the bicycle lane on the afternoon of Dec. 8. The former A&M Records and Napster executive reportedly landed on the windshield and shattered the glass before rolling off the patrol car. He was pronounced dead at the scene.
... Wood entered the bicycle lane as a result of inattention caused by typing into his (Mobile Digital Computer), according to the declination letter prepared by the Justice System Integrity Division of the District Attorneys Office and released Wednesday. He was responding to a deputy who was inquiring whether the fire investigation had been completed. Since Wood was acting within the course and scope of his duties when he began to type his response, under Vehicle Code section 23123.5, he acted lawfully.
... Eric Bruins, planning and policy director for the Los Angeles County Bicycle Coalition, said he was disappointed to see a clearly distracted law enforcement officer escape charges on what he called a technicality.
Read more: http://www.dailynews.com/general-news/20140827/in-calabasas-death-of-cyclist-milton-olin-no-charges-against-typing-deputy
Faux pas
(14,691 posts)license to kill for law enforcement.
enough
(13,262 posts)Gormy Cuss
(30,884 posts)the motorist would be charged with a myriad of offenses and probably convicted of at least one felony.
So it's legal for cops to text and drive in CA ? Who knew.
951-Riverside
(7,234 posts)And you'd see checkpoints and "increased patrols" in the area to "crack down" on distracted drivers.
Yup, it actually is thanks to the "Law Makers" in Sacramento
(snip)
(d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.
https://www.dmv.ca.gov/pubs/vctop/d11/vc23123.htm
and...
(b) As used in this section write, send, or read a text-based communication means using an electronic wireless communications device to manually communicate with any person using a text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail.
(c) For purposes of this section, a person shall not be deemed to be writing, reading, or sending a textbased communication if the person reads, selects, or enters a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call or if a person otherwise activates or deactivates a feature or function on an electronic wireless communications device.
(d) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.
(e) This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.
https://www.dmv.ca.gov/pubs/vctop/d11/vc23123_5.htm
I came very close to being t-boned by a cop who ran a red light and was leaning over and looking at his computer. Thankfully he saw me in time and made a quick right.
GeorgeGist
(25,323 posts)frylock
(34,825 posts)fucking disgraceful. Ride in peace, Mr. Olin.
Dems to Win
(2,161 posts)There is no policy requiring officers to pull over before responding to computer messages?
There damn well should be.
dilby
(2,273 posts)There are laws for them and then there are the laws for the rest of us.
lpbk2713
(42,766 posts)Paragraph (e) of the California Vehicle Code section 23123.5 states ...
(e) This section does not apply to an emergency services professional using an
electronic wireless communications device while operating an authorized emergency
vehicle, as defined in Section 165, in the course and scope of his or her duties.
Link: https://www.dmv.ca.gov/pubs/vctop/d11/vc23123_5.htm
They are always above the law whether expressed or implied.
MohRokTah
(15,429 posts)avebury
(10,952 posts)have freedom to kill anybody, anytime, with no consequences. The perfect job for a psychopath.
Sunlei
(22,651 posts)Police need to change! The rules/codes need to change! The public should not have to worry some policeman will drive distracted and kill them in the bike lane!
Even in our prison system, many people beat to death & the 'militarized' guards get away with murder.
Same Tear gas/ crowd control Corps. that sell 'weapons' and training classes to our local police , train our prison guards. They train them how to stay within the rules. The rules need to change.
Another policeman says, To bad someone died, we're just doing' our job"
Live and Learn
(12,769 posts)and scopes of our jobs if we did the same.