No justice for fallen San Diego bicyclist, we're all the same bike tribe, and ...

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No justice for fallen San Diego bicyclist, we're all the same bike tribe, and greater inclusivity for all kinds of riders bikinginla.com

I missed the heart of this piece by San Diego’s KPBS when I included a link to it earlier this week.

The story dealt with victims’ families too often feeling like they’ve been let down by the justice system when killer drivers get off with a slap on the wrist, if that.

But what I missed was the focus on the wife of fallen bicyclist Matt Keenan, who was killed by a wrong way driver while riding in Mission Valley last year.

The county district attorney’s office decided not to charge the driver with a felony, after she claimed she hit Keenan head-on because she’d thought she was on a one-way street.

Call it barely plausible deniability.

One problem is that police have to get a search warrant to examine a driver’s phone, which requires probable cause to believe a crime took place.

In other words, before they can get a judge to agree to let them see a driver’s phone, they need evidence that the driver was using it.

A legal Catch 22.

The law should be changed to require implied consent, just as anyone with a driver’s license is assumed to have consented to a blood alcohol test if police suspect they’re under the influence.

Merely possessing a driver’s license should give police the right to examine a phone following a collision to see if it had been in use at the time of a crash.

Failure to turn over the phone should result in an automatic loss of license, combined with a presumption of use.

Only then will we see justice for victims of distracted drivers.

And maybe even stop them from doing it in the first place.

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