I actually am a lawyer (embarassed now), but know absolutely nothing about California Law (I only have a NC license) and I don't do criminal work so I'm relying on what I learned in law school....

That said, absent exigent circumstances, I would think he would have been charged. If he had run over a child crossing a side street, I think he would have been. Many times the DA's office will try to follow the wishes of the victim, but other times they don't want to prosecute what they think will be an unpopular or unwinnable case. In NC, DA's are elected officials, so they have to prosecute what their constituency wants them to prosecute. Sad, but true. Many of these folks are hardworking people who strive to do the best they can at their jobs - I don't mean to suggest that they don't - but there are certain pressures on them that aren't necessarily obvious. I *hope* that isn't the reason the guy isn't being prosecuted...

We have such an uphill battle for bicycle rights here. Just yesterday, someone sent a link for a letter to the editor to the local bike club email list. Essentially, the author was upset that bikes were in his way because he "likes to drive." He made the common argument that since bikes don't pay taxes, they have no right to "get in his way" on the road. His solution: tax cyclists, page greenways and get bikes off the road. So he can enjoy using natural resporces to drive 2.5 miles to return a video that weighs less than a pound without being inconvenienced by passing a vehicle that has a *right* to be on the road. Great.

I started to write my own letter outlining NC law on the subject, but it would never get published and, even if it did, I doubt it would do any good. It's so sad to see that kind of stuff, especially after the same newspaper has been running stories about air quality and alternative means of transportation. If those cyclists had been in cars, there would have been a major traffic jam.

Sorry for the rant...it's been quite a week and I'm out of town with no bike and thus no way to work off stress.