Careless driving causing SBI

Jefferson County Taking A Tough Stand Against Drivers Who Injure Cyclists

A collaborative blog by Hottman Law Office, Steven Lykens and the Jefferson County DA’s office

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Steven Lykens—husband, engineer, competitive cyclist—made a point of attending and speaking at the sentencing hearing of a driver who caused him serious bodily injury.  He wanted to emphasize to the court, the district attorney’s office, and to the driver that the outcome of the case mattered to him and to the cycling community as a whole. 

On May 16, 2019, Steven addressed Jefferson County Court Judge Mark Randall and asked him to order 200 hours of community service as part of the driver’s sentencing. Considering the time that he spent in the hospital, at appointments with doctors, as well as time spent working to heal his injuries, Steven felt 200 hours was fair.

The driver, Miranda Lewin, was sentenced to 120 hours of community service to be completed in 120 days on the charge of careless driving. Her public defender argued for fewer hours, but Judge Randall did not back down. In fact, he told Lewin she is a terrible driver based on her previous (and subsequent) traffic convictions and warned her that she would be back in court if she did not serve her community service. Judge Randall reminded Lewin that drivers have a responsibility to their community, including cyclists. 

Lewin, who was 20 years old at the time of the collision with Steven, was previously convicted of driving a vehicle while impaired by alcohol/drugs in 2016, careless driving, and operating a motor vehicle as a minor driver with an unauthorized passenger in 2014. Her driver's license was revoked in 2016 due to the alcohol offense, but it had been reinstated prior to this collision.

On the morning of September 2, 2018, Steven was riding in a bike lane in Lakewood when Lewin turned right, directly in front of him, into a 7-11 parking lot. Steven collided with Lewin’s vehicle and was thrown from his bicycle, landing in the 7-11 parking lot. He was unable to move and yelled for someone to call 911. Lewin remained at the scene and was later cited by Lakewood Police for careless driving causing bodily injury. Steven considers himself “lucky” that he went over the hood of the vehicle instead of under it or into oncoming traffic.

He was transported by ambulance to St. Anthony’s Hospital with lacerations to his right ankle and right elbow, road rash, and an abrasion to his right cheek. Officer Barefoot of the Lakewood Police Department, who responded to the scene, was advised by the emergency room doctor that Steven had sustained a lumbar spine fracture.

As a result, Steven was in a back brace for eight weeks. He now suffers from permanent scoliosis from two fractured vertebrae and is one inch shorter than before the crash. His life and physical body are forever altered, and he is in constant pain. The collision has altered his mental state as well. Driving and cycling are still difficult for him, and he is worried it could happen again. 

During the sentencing hearing, Steven also thanked the Lakewood Police Department, the Jefferson County DA, and the court for holding drivers accountable when cyclists are injured. Often cases involving bodily injury are pled down to minor infractions, leaving victims to feel doubly wronged. 

The Jefferson County DA’s office did a fantastic job handling this case. Jefferson County DA Pete Weir wants the driving public to recognize their obligation to share the road with cyclists.

We take these cases of careless driving with injury involving cyclists very seriously and treat the victims with the same respect and dignity we treat victims who are covered under Colorado’s Victims’ Rights Amendment (VRA) which protects the rights of victims in violent crimes. Often these injuries are life-changing for victims and their families, and we do everything we can to help them through the criminal justice process.
— - Pete Weir, Jefferson County DA

In Jefferson County, careless driving/cycling cases causing serious bodily injury are generally treated as VRA cases by the DA’s office, thereby involving the victims throughout the process. Deputy DA Kate Rhodes, who handled this case, believes that the appropriate outcome was reached, and justice was served. 

Steven shown with Deputy DA Kate Rhodes (L), Megan Hottman, and Tracy Drake (R)

Steven shown with Deputy DA Kate Rhodes (L), Megan Hottman, and Tracy Drake (R)

My goal for this case was to get the defendant to realize the impact she has had on Mr. Lykens’ life and the gravity of his injuries. Mr. Lykens showed incredible patience and professionalism throughout the process.
— Deputy DA Kate Rhodes

A newly passed law, sponsored by Senator Mike Foote of Boulder and Representative Dylan Roberts of Eagle and Routt Counties, is aimed at making Colorado’s roadways safer for vulnerable road users (VRU), including cyclists, pedestrians, construction workers, scooter riders, and peace officers. Governor Jared Polis signed SB 19-175 into law on May 29, 2019. 

Careless driving that leads to seriously injuring a VRU is now a class 1 traffic misdemeanor. Convicted drivers could face restitution and a one-year suspension of their license. Courts could require drivers to attend a driver improvement course and perform community service.

Many of Steven’s friends have been injured while riding their bikes due to the neglect of a driver of a motor vehicle. He hopes that someday cyclists can ride safely on public roads without having to worry about being injured by a driver. 

Given the nature and extent of our clients’ injuries, I have always advocated to District Attorneys and City Attorneys that the FULL “careless driving causing SBI” charge needs to stick. NO plea deals, not when the injuries are so serious. Careless causing SBI is only a 4-point violation, with minimal fines. We need the FULL Charge in order to ask the Judge for serious community service hours, restitution, (and now with SB 19-175, for the driver’s license, as well). My request to all DAs and CAs we encounter: Be like Jeffco and Boulder DAs. Treat these cases as VRA cases and please, stop offering plea bargains.
— Megan Hottman, The Cyclist Lawyer

Please remember to be cautious around cyclists, or any vulnerable road user, and look for cyclists before turning—whether they are riding in a bike lane or not! 

To read more about the Jeffco DA’s office, click here.

To read more about Judge Randall, click here.