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Friday, December 01, 2006
Boub Strikes Again
Our town's ringload-downloading driver got sentenced yesterday. Judge stated his regrets that he could only follow the limits of the law, and that he wished he could sentence her for more serious charges.
Disregarding anything individual or personal about the driver, the precedent here is so outrageous - if we can get people to see it - that it may, in fact, be a catalyst for change. I hope so. (However, it is of course a situation where the people in power just don't see aproblem because it isn't one for them. They don't ride; they won't die; it's a shame, but not worth getting mad about.)
Specific to cycling dismay, lots of folks noticed that one of the justifications for this not being "wanton and wilful" disregard was that idea that a driver shouldn't have to expect a cyclist to be on the road or shoulder. Lots of the other folks of champaigncountybikes were rightfully outraged at this, especially since it makes no sense in our fair town; cyclists and joggers are ALL OVER THE PLACE. Some were outraged personally at teh DA for saying it, but I suspect that it's worse than that. The State's Attorney may "simply" have been referring to the Boub case and considering that as a legal precedent.
I do, though, find it reprehensible and morally appalling that she, also, has that (imo wilful and wanton) disregard for human life that she says didn't happen here. Dear cyclists and pedestrians: Despite the fact that you have every legal right to be there, and despite the fact that people like you are there frequently, hey, those of us in our automobiles certainly can't expect to be responsible for something as difficult as staying anywhere near in the road and if you are dead meat, well, we're sorry, but it's not as if we're hurtful people. We just couldn't be bothered to wait until we got to our destination before downloading the ringtones. It's a question of priorities, you see: driver's ringtones, your life. Gosh, I just don't see why you are angry!
I have this dream that a better lawyer in an honest situation will find a way to show that while, perhaps, in that Boub case, cyclists weren't an established presence, that in fact - even without signage - cyclists *should* be expected here. There's an awful lot of evidence that C-U is full of cyclists and pedestrians on the roads and perhaps one of our goals should be to gather it.
Drivers should be held responsibe for the carnage they inflict when they decide to distract themselves **and** kill somebody in the process. Even if cell phones don't get banned, on the (very arguable) grounds that maybe *some* people can pay attention and call, if you *prove* that you can't because you killed somebody doing it, you should be held responsible for that. You can't undo your damage, but at least it should be acknowledged taht you did the damage; not that gosh, asking you to stay on the road is simply not something we should expect.
What does "expect" mean?
From bikejournal.com :
http://en.wikipedia.org/wiki/Inattentional_blindness
NO surprise to those of us who've thought about it and observed and taken that occasional psych course, but indeed: our brains filter out information which has been deemed not to be important before it ever gets to the brain.
This is why, dear folks, people on the **side** of the road don't get noticed. "I just didn't see you!"
It may be why sometimes a bicycle or motorcycle doesn't get perceived at all - though for most of us, fortunately, if you're *in* the roadway you're "important."
Again, "taking the lane" makes sense not because it's a psychologically assertive way of Claiming Your Right To THe Road, but because it's where you'll actually register on the brains of the drivers before you're a thumping sound.
I would also suspect that, in those studies, had the participants been asked to look for gorillas instead of counting things, they'd have seen things differently. Likewise, when we are trained (by instruction or experience) to look for things like cyclists, our "inattention" will be more selective. We still won't see the weird gyrations happening in that dormitory window, but we'll know that lady with the Christmas Tree on her bicycle was in the right lane. (Going to decorate it tonight.)
Our town's ringload-downloading driver got sentenced yesterday. Judge stated his regrets that he could only follow the limits of the law, and that he wished he could sentence her for more serious charges.
Disregarding anything individual or personal about the driver, the precedent here is so outrageous - if we can get people to see it - that it may, in fact, be a catalyst for change. I hope so. (However, it is of course a situation where the people in power just don't see aproblem because it isn't one for them. They don't ride; they won't die; it's a shame, but not worth getting mad about.)
Specific to cycling dismay, lots of folks noticed that one of the justifications for this not being "wanton and wilful" disregard was that idea that a driver shouldn't have to expect a cyclist to be on the road or shoulder. Lots of the other folks of champaigncountybikes were rightfully outraged at this, especially since it makes no sense in our fair town; cyclists and joggers are ALL OVER THE PLACE. Some were outraged personally at teh DA for saying it, but I suspect that it's worse than that. The State's Attorney may "simply" have been referring to the Boub case and considering that as a legal precedent.
I do, though, find it reprehensible and morally appalling that she, also, has that (imo wilful and wanton) disregard for human life that she says didn't happen here. Dear cyclists and pedestrians: Despite the fact that you have every legal right to be there, and despite the fact that people like you are there frequently, hey, those of us in our automobiles certainly can't expect to be responsible for something as difficult as staying anywhere near in the road and if you are dead meat, well, we're sorry, but it's not as if we're hurtful people. We just couldn't be bothered to wait until we got to our destination before downloading the ringtones. It's a question of priorities, you see: driver's ringtones, your life. Gosh, I just don't see why you are angry!
I have this dream that a better lawyer in an honest situation will find a way to show that while, perhaps, in that Boub case, cyclists weren't an established presence, that in fact - even without signage - cyclists *should* be expected here. There's an awful lot of evidence that C-U is full of cyclists and pedestrians on the roads and perhaps one of our goals should be to gather it.
Drivers should be held responsibe for the carnage they inflict when they decide to distract themselves **and** kill somebody in the process. Even if cell phones don't get banned, on the (very arguable) grounds that maybe *some* people can pay attention and call, if you *prove* that you can't because you killed somebody doing it, you should be held responsible for that. You can't undo your damage, but at least it should be acknowledged taht you did the damage; not that gosh, asking you to stay on the road is simply not something we should expect.
What does "expect" mean?
From bikejournal.com :
http://en.wikipedia.org/wiki/Inattentional_blindness
NO surprise to those of us who've thought about it and observed and taken that occasional psych course, but indeed: our brains filter out information which has been deemed not to be important before it ever gets to the brain.
This is why, dear folks, people on the **side** of the road don't get noticed. "I just didn't see you!"
It may be why sometimes a bicycle or motorcycle doesn't get perceived at all - though for most of us, fortunately, if you're *in* the roadway you're "important."
Again, "taking the lane" makes sense not because it's a psychologically assertive way of Claiming Your Right To THe Road, but because it's where you'll actually register on the brains of the drivers before you're a thumping sound.
I would also suspect that, in those studies, had the participants been asked to look for gorillas instead of counting things, they'd have seen things differently. Likewise, when we are trained (by instruction or experience) to look for things like cyclists, our "inattention" will be more selective. We still won't see the weird gyrations happening in that dormitory window, but we'll know that lady with the Christmas Tree on her bicycle was in the right lane. (Going to decorate it tonight.)
Comments:
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Hey, are little friend Jennie Stark has a MySpace page:
http://www.myspace.com/jenniebob18
The prosecution in this case was absolutely pitiful.
http://www.myspace.com/jenniebob18
The prosecution in this case was absolutely pitiful.
With all due respect Boub has nothing to do with the standard for recklessness for a driver. It has to do with the interpretation of a municipal immunity statute.
Did Rietz say that Boub had something to do with the case?
(Boub is, of course, wrong.)
BTW, I really enjoy your website.
Did Rietz say that Boub had something to do with the case?
(Boub is, of course, wrong.)
BTW, I really enjoy your website.
# posted by 
: 2:13 PM
: 2:13 PM
Rietz didn't say Boub had anything to do with the case, but the language is so familiar that I strongly suspect that's where she got it from. So, combine that *with* the interpretation of the applicable "recklessness" standards, and the sentence for cyclists is pretty stark, so to speak.
Alas, I suspect that was her attitude anyway (that a bicyclist on the road - or his survivors - shouldn't complain if he gets hit, any more than somebody walking down The Block in Baltimore should complain if he gets hit on), but it stinks that there's stuff on the lawbooks that endorses that carnage-enablement.
Alas, I suspect that was her attitude anyway (that a bicyclist on the road - or his survivors - shouldn't complain if he gets hit, any more than somebody walking down The Block in Baltimore should complain if he gets hit on), but it stinks that there's stuff on the lawbooks that endorses that carnage-enablement.
I think, entirely without any firsthand knowledge, that Rietz just didn't want to charge a teenager, who (if you look at the myspace page) has less brain power than a tick, with a felony. People who drive and only drive readily accept behavior behind the wheel that is insanely dangerous because they do it themselves. So she came up with this way of doing "justice." (Of course it doesn't help protect cyclists an iota, but cyclists don't matter in the minds of drivers.)
The whole thing is sickening. I hope the cyclist's parents sue and take every item of property the Starks have. When one reads the MySpace page and considers "Little Bit's" driving record, it is clear that the parents should never, ever have let this nitwit drive.
The whole thing is sickening. I hope the cyclist's parents sue and take every item of property the Starks have. When one reads the MySpace page and considers "Little Bit's" driving record, it is clear that the parents should never, ever have let this nitwit drive.
# posted by : 4:26 PM
: 4:26 PM
The price of a human life is $1000 in Illinois? Insane. I really hope the Illinois voters remember Matt when it comes re-election time for Julia Rietz. Rietz needs to be kicked out of office for failing to protect the citizens of her county. Matt's family have put up a new website for Matt: www.mattslaw.org - I hope it makes a difference.
Stark should be in jail and have all her driving privileges revoked for life
What would it serve? It would get Jennifer Stark off the road for one thing, and it would serve as a deterrent to others who think it is ok to drive distracted.
Stark should be in jail and have all her driving privileges revoked for life
What would it serve? It would get Jennifer Stark off the road for one thing, and it would serve as a deterrent to others who think it is ok to drive distracted.
# posted by : 1:54 PM
: 1:54 PM
I have new news for you. This ringtone downloader was arrested down state illinois for driving while her license was revoked. She has absolutely no comprehension of the wrong she has done and gotten away with.
As for Reitz comment on not expecting a bicycle rider to be on that road that is unconstitutional isn't it? I mean aren't we taught in drivers ed that bikes have the same rules and rights as cars do when using the roadways. So therefore isn't that a blanket statemnt to always be expecting the potential use of said roadways (any of them) to be used by cyclists? If not the case then if we crash into a grain truck are we free because we aren't really expecting to see them on the road either during certain times of the year. TOTAL BOGUSNESS!! This girl got off with murder and she knows it and revels in it daily. She has no remorse and has no concept of what she has done and its magnitude. Too bad C-U's paper hasn't gotten ahold of this latest information. She is a menace to the driving community and to the safety and well being of all living things.
As for Reitz comment on not expecting a bicycle rider to be on that road that is unconstitutional isn't it? I mean aren't we taught in drivers ed that bikes have the same rules and rights as cars do when using the roadways. So therefore isn't that a blanket statemnt to always be expecting the potential use of said roadways (any of them) to be used by cyclists? If not the case then if we crash into a grain truck are we free because we aren't really expecting to see them on the road either during certain times of the year. TOTAL BOGUSNESS!! This girl got off with murder and she knows it and revels in it daily. She has no remorse and has no concept of what she has done and its magnitude. Too bad C-U's paper hasn't gotten ahold of this latest information. She is a menace to the driving community and to the safety and well being of all living things.
# posted by : 5:33 PM
: 5:33 PM
This is Jennifer's sister. You guys no right talking about her that way. You guys obviously don't understand what she went through. Yes the Wilhelm's lost their son and I am sending up prayers everyday for them but my sister killed someone. How would you take it it if you killed someone? She was never spoiled. She went into a depression. It's like she was gone, like I didn't have a sister anymore. But she has changed for the better. This experience has made her stronger. My sister goes around to different churches and tells her story to try to get teens to stop texting while driving. So my sister does not deserve the names that you are calling her.
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