Monday, July 5, 2010

Chicago DUI attorney thinks the Gov. has opened a can of worms with a vague new law to protect cyclists

This Chicago DUI attorney has posted here and here about cycling.  Today, the Governor has opened a can of worms by signing a particularly vague piece of legislation to protect cyclists from motorists.  Can you see the problem?

 Amends the Illinois Vehicle Code. Provides that a person commits crowding or threatening a bicyclist when a person driving a motor vehicle recklessly drives the motor vehicle unnecessarily close to, toward, or near a bicyclist. Provides that every person convicted of crowding or threatening a bicyclist shall be guilty of a Class A misdemeanor if the violation does not result in great bodily harm or permanent disability or disfigurement to another. Provides that if a crowding or threatening a bicyclist violation results in great bodily harm or permanent disability or disfigurement to another, the person shall be guilty of a Class 4 felony. Provides that a person commits Projecting or throwing missiles at bicyclists, a Class A misdemeanor, when a person projects or throws any missile (defined as any object or substance) at or against a bicyclist. Effective immediately.
 So it will be a Class A misdemeanor when there isn’t great bodily harm to the cyclist.    In Illinois, that's the same maximum penalty as a DUI, up to 364 days in the county jail and/or fines up to $2500.  Do you think they are about to ban bike messengers from business districts during rush hour?

0 comments:

Post a Comment

Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973

Post a Comment

Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973