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April 12, 2011

Driver, 83, ticketed in collision with bicycle

The 83-year-old driver of a car that struck and gravely injured a 20-year-old Johns Hopkins student who was bicycling near the university has been ticketed for two alleged traffic violations, the Baltimore State's Attorney and Police Department said Tuesday.

The decision to charge Jeanette Marie Walke in the crash with Nathan Krasnopoler on Feb. 26 comes despite an initial announcement by police that charges were not expected. That statement brought a flurry of criticism from advocates for Maryland bicyclists, who have long contended that city police are too quick to excuse drivers involved in crashes with bikes.

Walke received two traffic citations -- for negligent driving and failure to yield the right-of-way to a bicyclist in a designated bike lane. However, State' Attorney Gregg Bernstein said an investigation found no evidence of gross negligence, which would be required to justify a felony prosecution for vehicular manslaughter if the victim were to die.

 

The crash left Krasnopoler in a coma as a result of catastrophic brain injuries. Last week his family said doctors had told them he is not expected to make a meaningful recovery or regain cognitive  function.

The state's attorney's office said the charges each carry a potential penalty of $500 and three points on the driver's license. However, in traffic ticket cases, the driver can resolve the charges by paying a lesser fine without appearing in court.

In a news release, the state's attorney's office and the police stressed that they rake cases involving motorists and bicyclists seriously. "We will prosecute drivers who harm cyclists to the fullest extent of the law," he said.

 

Posted by Michael Dresser at 5:17 PM | | Comments (11)
Categories: Bicycles, On the roads
        

Comments

Senior citizens should have mandatory comprehensive vision and driving skill re-certification every 2 years after the age of 65. I'd be willing to bet that this woman has no business behind the wheel of a car.

At which point do they determine if this woman should still have a driver's license?

"However, State' Attorney Gregg Bernstein said an investigation found no evidence of gross negligence that would justify a felony prosecution for vehicular manslaughter"

The victim is still alive. No matter how negligent the driver was, manslaughter charges would be unwarranted.

Hopefully her family has taken the keys from her at this point. I almost got plowed into by an old lady in a parking lot last week - she just kept driving across the parking spots with not a care in the world. She really had no clue.

Does Maryland have any MVA policies concerning older drivers? In the state of California you can anonymously report people who you think need to have their driving reassessed. My fiance's family used that technique to get an elderly relative off the road when they started to have some concern about his ability to drive and he was too stubborn to consider the discussion with them. He completely failed the written test and had his driver's license revoked on the spot. He was upset but it has gotten him off the road without injuring himself or others in the process. It would be nice to know if MD had a similar process.

Just a little nit, but the post should have noted that the driver was cited, not charged.

About time.

In think you can call in a complaint in MD and they could lead to re-test that driver. Sorry I don't know the details of how to do that. Just know a story of a relative in MD, in her 80s, where a complaint was called in (crossing the double yellow lines) that lead to a re-test requirement. I heard that she failed the re-test at least once, maybe twice.

I wonder if there was some kind of incentive possible to encourage and help the elderly to transistion to some other transportation voluntarily before being forced to.

I don't know why most commenters are so focused on the driver's age. Many elderly drivers driver better than some younger drivers. The real issue here is that a driver was negligent and did not respect the bike lane. Every day on my commute I see non-elderly drivers do the same here in DC--driving in the lane as if it's a car lane, pulling to the right before the lane becomes dashed, etc. People should be allowed to drive until deemed unable to and not based on some arbitrary age criteria. Regular written tests that focus on current driving issues (e.g., expanded bicycle population) for everyone wouldn't hurt.

ahhh, agism- the last "ism" people don't seem to be embarrassed about.

Testing after 65?!? I'm more terrified of a teenager's lack of driving skills, common sense, and emotional maturity than a 65 or even 70 yr. old's eyesight and reflexes!

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About Michael Dresser
Michael Dresser has been an editor, reporter and columnist with The Sun longer than Baltimore's had a subway. He's covered retailing, telecommunications, state politics and wine. Since 2004, he's been The Sun's transportation writer. He lives in Ellicott City with his wife and travel companion, Cindy.

His Getting There column appears on Mondays. Mike's blog will be a forum for all who are interested in highways, transit and other transportation issues affecting Baltimore, Maryland and the region.
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