Driver in Hit-and-Run with Cyclist Gets Probation

Dec 17, 2010
Outside Magazine

Martin Erzinger, 52, a Denver man who hit and seriously injured a cyclist with his car near Vail, has been sentenced to probation and community service, the Wall Street Journal reports.

The sentencing followed approval of a plea deal criticized as being too lenient. Erzinger was charged with misdemeanors in the accident, but Eagle County District Attorney Mark Hurlbert offered the deal, rejecting pressing a felony charge, because Erzinger has no criminal record and is willing to pay a significant amount of restitution.

Dr. Steven Milo, 33, the cyclist who was injured, asked the judge to reject the plea deal.

In addition to the probation and community service, Erzinger will lose his driver's license for a year. Erzinger was also sentenced Thursday to 90 days in jail, but Eagle County District Judge Frederick Gannett suspended the jail time.

Milo was riding on the shoulder when Erzinger hit him with a 2010 Mercedes and then drove on, police said. Investigators said Erzinger told them he didn't know he hit anyone. Erzinger's attorney said his client has a sleep disorder and dozed off.

District Judge Frederick Gannett warned Erzinger that he risks going to jail if he doesn't do what he's been ordered to.

"There is nothing I can do in this courtroom to make your life better," Gannett told Milo. "You can be stuck or continue on a path of healing. What counts most is what you do from this day forward."

For more on the case, see our previous posts here.

--Michael Webster

Filed To: Biking

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