Reply from Elsholz, Clinton@Parks

From:clinton.elsholz@parks.ca.gov

To:Elsholz, Clinton@Parks

Cc:MountDiablo, Feedback@parks

Fri, Jul 26 at 3:24 PM

Hello,

Recently you inquired about a video circulating on-line that prompted the four questions below.  I’ve looked into the incident from June 15, 2024 and am providing some information to your questions.

1.Why was NO citation issued to this motorist after repeatedly driving on the wrong side of the road (CVC 21651(b)) and demonstrating “wanton disregard for the safety of other people”?

State Park’s philosophy on law enforcement is to gain compliance at the lowest level that is effective.  In many instances, awareness and education can be an effective method.  It is up to the officer to decide what enforcement mechanism to use to gain compliance as every situation is unique.  In this situation, the officer used his best judgement and determined that once the officer was able to explain the error made by the driver, that the driver was educated on the issue and would not likely repeat the same offense.

2.Why did Ranger Scott Poole drive on the wrong side of the road ON A BLIND CURVE?

The driving maneuvers used by the officer in the June 15, 2024 video reflect his concern about the driver’s behavior continuing and the safety of the visitors of Mount Diablo State Park and the officer acted urgently in order to prevent potential risky behavior continuing.  While it may appear the officer was on a blind curve, the officer in fact had clear line-of-sight of the lane prior to traveling into the other lane and therefore was able to evaluate the risk of such a maneuver – weighing many factors such as the space needed for other cyclists.  Just like other emergency vehicle responses (Fire, Police, etc.), the officer is exempted from following certain Vehicle Code laws in order to pursue a suspected violator of the law as long as the driver of the emergency vehicle sounds a siren and displays a lighted red lamp visible from the front (CVC 21055), which the officer used.

3.Why is State Parks refusing to take any action despite this incontrovertible video evidence?

State Parks is committed to safety on the mountain and continues to operate the park unit to ensure recreation opportunities exist.  This is why we have launched our Mount Diablo Safety Information website, send out social media posts, build bike turnouts, maintain road conditions, patrol the park with park rangers, etc.  We are open to suggestions and appreciate the engagement with the visitors of Mount Diablo SP to help us improve for everyone.  We are always looking to improve the operation – especially around safety. 

4.By when will State Parks TRANSFER Ranger Poole to another Park or TERMINATE his employment?

State Parks does not comment on personnel matters.

Please continue to provide feedback to us.  We appreciate your input.
Clint

District Superintendent
Diablo Range District
California State Parks

C:  916 705 3022