Posted On: June 25, 2009 by Victor A. Orsatti

Chula Vista Cross Country Cyclist Killed by a Drunk Driver

A Chula Vista cyclist who was traveling across the country to protest the government bailouts was killed by a DUI hit and run driver, charges have now been filed against him.

Chula Vista resident Jim Gafney, 65, was on his “Mad As Hell Bike Ride Across U.S.” when he was struck and killed by a drunken driver about 12:40 a.m. on State Route 50, according to Illinois State Police.

Charges were filed for Leon K. Marcum, 27, the DUI driver who left the scene of the accident was first cited for misdemeanor driving under the influence and failure to reduce speed to avoid an accident but after review those charges were dropped. Now he is being charged with aggravated leaving the scene of an accident involving death.

According to Attorney John Hudspeth prosecuting attorney’s may file felony DUI charges. Marcum’s blood alcohol level is also being reviewed.

“We are doing everything we can to make sure we prosecute this case appropriately given the end result-that a man lost his life,” Said Hudspeth.

Marcum’s bail is set at 100,000.

Driving Under the Influence in San Diego County

In California, it is unlawful for any person to drive a vehicle while under the influence of any kind of alcoholic beverage or drug.

If you have 0.08 percent or more, by weight, blood alcohol concentration, you will be charged with DUI or driving while intoxicated if arrested. You may face a fine and jail time if convicted.

Charges filed in fatal hit-run involving local cyclist,Sign on San Diego, June 25,2009

Web Related Resources
California DMV guidelines about DUI

If you have been arrested and charged with a DUI in San Diego County, then trust your case to an experienced San Diego DUI Lawyer. San Diego Attorney Victor A. Orsatti has a winning track record for DUI cases and will explain all of your legal options during a free consultation.

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