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Newsjock

(11,733 posts)
Thu Aug 28, 2014, 01:46 PM Aug 2014

In Calabasas death of cyclist Milton Olin, no charges against typing deputy

Source: Los Angeles Daily News

The Los Angeles County District Attorney’s Office declined to press charges against a sheriff’s 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 Sheriff’s Deputy Andrew Wood’s 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 Attorney’s 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

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Gormy Cuss

(30,884 posts)
3. If a civilian motorist killed a cop on a bicycle in similar circumstances
Thu Aug 28, 2014, 01:56 PM
Aug 2014

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)
11. Killing a cop while driving and working on a computer would be an instant life sentence
Thu Aug 28, 2014, 02:24 PM
Aug 2014

And you'd see checkpoints and "increased patrols" in the area to "crack down" on distracted drivers.

So it's legal for cops to text and drive in CA ? Who knew.


Yup, it actually is thanks to the "Law Makers" in Sacramento

23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.

(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...

23123.5. (a) A person shall not drive a motor vehicle while using an electronic wireless communications device to write, send, or read a text–based communication, unless the electronic wireless communications device is specifically designed and configured to allow voiceoperated and hands-free operation to dictate, send, or listen to a text-based communication, and it is used in that manner while driving.

(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 text–based 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.

frylock

(34,825 posts)
5. anyone else would be going to prison for vehicular manslaughter..
Thu Aug 28, 2014, 01:59 PM
Aug 2014

fucking disgraceful. Ride in peace, Mr. Olin.

 

Dems to Win

(2,161 posts)
6. It's A-OK for deputies to type while driving?
Thu Aug 28, 2014, 02:00 PM
Aug 2014

There is no policy requiring officers to pull over before responding to computer messages?

There damn well should be.

dilby

(2,273 posts)
7. I feel like we are living in an Orwell Novel.
Thu Aug 28, 2014, 02:00 PM
Aug 2014

There are laws for them and then there are the laws for the rest of us.

lpbk2713

(42,757 posts)
8. The good ole boy system is alive and well in Calabasas
Thu Aug 28, 2014, 02:03 PM
Aug 2014



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.

avebury

(10,952 posts)
10. It is not just that. They seem to pretty much
Thu Aug 28, 2014, 02:18 PM
Aug 2014

have freedom to kill anybody, anytime, with no consequences. The perfect job for a psychopath.

Sunlei

(22,651 posts)
12. "acting within the course and scope of his duties"= protection from what would be a civil crime.
Thu Aug 28, 2014, 02:33 PM
Aug 2014

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)
13. Exactly. We would be prosecuted if we were acting within the course
Fri Aug 29, 2014, 01:54 AM
Aug 2014

and scopes of our jobs if we did the same.

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