Saturday, November 24, 2012

Cincinnati Motorcycle Lawyer Sees Danger in Australian Motorcycle Law

As a attorney that rides a motorcycle and associates with many biker groups such as the Iron Samaritans(see photo to the right at Bike blessing) and Chrome divas in Cincinnati Australia has me concerned. It seems that have a "motorcycle problem" and are enacting terrible laws against association to counteract it.

The Law Limits Bikers Rights to Associate with Each Other

The legislation would allow police to go to a judge and present evidence in private. The evidence would not have to be admissible in court. Nor would the judge need to give a reason that the organization was a criminal enterprise, one associating for criminal activity that affects public safety.

 If declared as a criminal organization a host of measures could be taken against them. Orders could be made to keep them from associating with other "controlled" members, going to banned locations, promoting for the organization.

The Public Even Though Not A Member Could Also Be Criminalized 

The law has even harsher possibilities for the public.Anyone that ignores a police warning for communicating with convicted criminals can face up to three years in jail. A disabled man was jailed for 9 months for habitually consorting with convicted offenders after a warning.

The Hells Angels Are Protecting Your Right to Be Free

Wayne Baffsky, who successfully challenged a similar enactment designed to dismantle the Hells Angels bikie club (that's what they call it in Australia) (Hi Mr Biker you look so cute on your bikie) expects to lodge an appeal this week on behalf of a man convicted under the law. 

Can This Happen in the United States 

It has already happened in the United states since 911. Maybe not the exact law but significant freedoms have been trampled upon in the name of national security. The Patriot act broadly expands the official definition of terrorism, so that many domestic groups that engage in non violent civil disobedience could very well find themselves labeled as terrorists. Take a close look at this airport body scan.
                         Body Scan Image Clearly Shows Man's Penis

For Further reading:

by Anthony Castelli Attorney motorcycle lawyer in Cincinnati, Ohio

Wednesday, November 21, 2012

Dead Motorcyclist Berated By Judge Lets Car Driver Off Easy

Cincinnati Ohio Motorcyclist Jason Claypool was killed by a hit and run driver Brittany Ison. Today she escaped jail time and the Judge blasted the dead motorcyclist. The prejudice against motorcyclists remains. 

When this motorcycle car crash was initially reported it went something like this:

       " The driver who Cincinnati police say hit and killed a motorcyclist then drove off appeared in court .
Police arrested Brittany Ison, 20, Monday and charged her with leaving the scene of a car accident, vehicular homicide and vehicular manslaughter. The incident happened on nbound 75 around 7:20 AM
Jason Claypool, 39, of Burlington, Ky., was operating a 2001 Suzuki motorcycle when his bike was struck from behind by a 1993 Honda Civic. The impact forced Claypool, who was not wearing a helmet, into a guard rail, according to police. The driver of the Civic, Brittany Ison, 20, did not stop after the crash and fled on northbound I-75. The driver did initially stop and tried to give CPR and then left."

However the Cincinnati Enquirer reported today that Judge Winkler said, "Jason Claypool was partially responsible for his death. The judge continued , "Nobody in his right senses would drive a motorcycle drunk. The driving conditions were deplorable. (It was raining.)

Claypool was on the way to work. His blood alchohol was .121 % No explanation was given as to where he was drinking or when. He was a single father of four. Now his children do not have a father.

It is apparent that Brittany Ison, just a 4 day licensed driver violated the assured clear distance statute. That to me was the cause of the auto bike crash that killed Mr Claypool. I do not advocate drinking and driving any motor vehicle. But I fail to see how driving in the rain without a helmet or the alchohol had anything to do with his death. 

One question also sticks out in my mind: Where is  Jason's Claypool's family civil attorney to counter the statements against the dead man.? Certainly a wrongful death lawsuit will be brought.  Although the prosecutor represents the State there are many things a civil attorney can do in regard to the criminal case to help the recovery in the civil lawsuit.

Resource on Motorcycle Accidents:

Facts about Motorcycle Accidents 

Anthony Castelli Attorney in Cincinnati has 30 years experience handling many personal injury claims, motorcycle accidents and wrongful death claims. Call him today for a free consultation