Re: [MonBikeClub] Digest for monbikeclub@googlegroups.com - 8 updates in 1 topic

[Michael Simms]

All,

As some of you may know, I worked with Delegate Hansen for over a year on this Bill. It was an emotional and gratifying moment to hear Hansen’s remarks on Tuesday, and to have it introduced.

What we tried to do is to mirror the State's penalties for DUI causing death, serious bodily injury and bodily injury, making death and SBI felonies.  We also built in appropriate license suspensions, and a community service and driver education component for all offenders - not just those who injure or kill.

No family who loses a loved one at the hands of a distracted driver should ever have their case adjudicated in Magistrate Court.  These cases should be handled in Circuit Court in front of an actual judge who is a lawyer.  For a bit of context, the woman who killed Robin was facing only Negligent Homicide, Reckless Driving, Improper Passing of a Bicycle, and Prohibited use of an Electronic Communications Device charges - all misdemeanors, which placed her case in the hands of a non-lawyer Magistrate.  She plead guilty to all charges, and despite Robin's family's expressed wishes at sentencing for the maximum penalty of one and one-half years in jail to be imposed, the Magistrate sentenced the driver to nine months in jail, but suspended it all for one year of unsupervised probation and thirty days of home confinement, as well as some community service.  This was woefully inadequate, but it was a direct result of the current state of West Virginia's law which only permits charging Negligent Homicide (a misdemeanor, punishable by up to one year in jail) in this circumstance.  (The Reckless Driving charge is also a misdemeanor, which carries a maximum six month sentence.)  

I am thrilled that our local Democratic Delegates have signed on as sponsors, as well as Delegate Doyle from Jefferson County. However, we need support from the GOP if there is any chance of this Bill passing. What I would suggest is contacting Delegate Joe Statler and asking that he cosponsor the Bill.  Mention that the other Mon Co Delegates are cosponsors and ask if he'll cosponsor as well. Offer any background information that you might have. One easy way to discuss the Bill is to do what Hansen has done, which is talking about how texting and driving is a decision that a driver makes, just like driving under the influence.  If you kill someone while distracted or drunk, the penalties should be similar.  A link to Hansen's remarks on the Bill is on his Facebook page here:  https://fb.watch/427hJUaoCc/

Statler's contact information is: joe.s...@wvhouse.gov  telephone: (304) 340-3153.  I am advised that for now, we should focus only on Statler so we can build support through the proper channels. This is critically important, as it is difficult to get Democratic initiatives through with the GOP supermajorities in place.

As to changes in the language, it is not advised. West Virginia recently received a large amount of federal grant money because of our hands-free law. We passed the drafts of this Bill through the right channels to ensure that we would not jeopardize any of those funds, which took years to obtain.

Please feel free to call me with any questions or for further discussion.

Michael Simms

304-588-3469