Judge Elden Fox to Mahdavi: Don’t Drive Without A License, 90 days community service for maiming
July 20th, 2010 
90 Comments
“She shouldn’t drive unless she has a valid driver’s license.” That was Judge Elden Fox’s message today to Celine Mahdavi, the women who clobbered Louis Deliz into 49 days of hospitalization.
Lindsay Lohan will likely serve 14 days of the 90 day sentence in County jail she began today. She violated the terms of her probation on DUI charges.
The same day that Lohan turned herself in to the Beverly Hills Courthouse, the case against Celine Mahdavi was scheduled for a pretrial hearing on the 3rd floor. I know because I walked through the gauntlet of photographers so I could surrender my tools and my camera to security to go upstairs and observe.
Celine Mahdavi hit Louis Deliz so hard that his teeth were embedded in her car, then drove away, Deliz’ body dislodging from her car and landing face down. He lost most of the lower half of his jaw, all his lower teeth, broke both legs, broke nearly all his fingers, broke his hip, and punctured a lung (if memory serves.) Just a few days ago, Louis had a massive seizure, and he is still seeing double from it. To this day he can’t walk right, he can’t talk right, he can’t see right, and he has nightmares and flashbacks. Mahdavi, 18 at the time, was pulled over a half mile from the accident where she tested positive for alcohol.
A few hours after Lohan began her 90 days in jail, Judge Elden S. Fox sentenced Mahdavi to 90 days of community service – 8 hours a day, 5 days a week, to be done in a 180 day period. Most likely Mahdavi will be picking up trash with CalTrans or taking part in graffiti removal.
Fox also ordered that Mahdavi should pay full restitution to Deliz, serve 36 months probation, take part in alcohol counseling, participate in the Hospitals and Morgue program.
"She shouldn't drive unless she has a valid driver's license" - Judge Eldon S. Fox to hit and run perpetrator Celine Mahdavi, who permanently disabled Louis Deliz
The prosecution offered Mahdavi a plea of 1 year in jail and 5 years probation. Instead, Mahdavi’s defense submitted a memorandum of disposition, effectively falling on the mercy of the court, and allowing the judge to sentence Mahdavi without trial. Fox offered the far lesser sentence, with a variety of self contradictory justification. Sometimes calling the collision an “accident” – implying that there was no intent without explanation – Fox explained how he considered a 1 year, 6 month, then a 4 month, and finally a 90 day sentence in County jail. Finally, he explained, he settled on no jail time at all (or 1 day for each count, but 1 day also credited for each count.)
Fox talked tough to Mahdavi saying “I do not believe for one minute that you did not realize you were in a collision for a cyclist” and went on to specify that she should have known that he injured someone. He explained to Deliz’ family that he found it hard to look at the photographs and evidence. “My heart goes out to you”, Fox said.
Fox told Mahdavi that she cannot carry any deadly weapons during the 3 years of her probation, listing guns and knives as examples of deadly weapons. Fox did not list cars as deadly weapons, only ordering that Mahdavi should not drive “unless she has a valid driver’s license.”
Know this cyclists – no one will defend you. If you are hit it is unlikely the police will care. If they do care, it is unlikely it will go to court. If it does go to court, it is unlikely the judge will care. You are on your own. If you don’t have a big family like Louis does – one that will step in and step up to take care of you – then you can’t get hit. You can’t get hit because you won’t get treated fairly. I know getting hit isn’t under your control, just understand that no one that matters cares about you, and the “justice” system will not take care of you.
There is basically no reason not to hit cyclists and pedestrians – it’s open season.
(edited for correct spelling of “Celine” – thanks commenter Rach Stevo)
(Edit: Celine Mahdavi’s license is currently suspended it is my understanding, as a result of her not responding to inquiries from the DMV re this incident. Lawyers at the hearing seemed to agree that she will be able to apply for removal of the suspension early next year. What’s absurd to me is that she would be allowed to obtain a license at all, that her license is suspended and not revoked, and that the judge would leave this decision to the DMV, rather than ordering it suspended.
So, no Mahdavi on the streets (at least legally speaking) now, but possibly early next year.)
Author Info
I THINK THIS IS WORTHY OF A RIOT.
What a horrible, horrible decision by the judge.
I agree with Mark.
Mark’s not far off…
My only reaction to this, honestly, is anger.
I’ve had my own hit & run incident, and understand that these last two paragraphs are no exaggeration.
I’m afraid the only way this will stop, is if cyclists start fighting back.
Remember Perzeus Forte in New York? He did fight back after being clipped by a limo, smashing the driver’s windshield in the process. Even then, the headlines favored the driver:
“Enraged Bike MessengerSmashes in Car Windshield with Fists in Chelsea”:
http://dnainfo.com/20100409/manhattan/enraged-bike-messenger-smashes-car-windshield-with-fists-chelsea
Second on the riot.
Listening to two hours of heart-wrenching stories from Louis, his family, and his friends was hard enough but to have that concluded with, effectively, a 3 month unpaid summer job for the woman that did this to him was soul-destroying.
I’m still in disbelief. I don’t know how to fix this. But if anyone has any ideas, count me in.
Minor note: Celine Mahdavi, not Selene.
I’m willing to accept my arrest and ticket for protesting. Let’s go.
On another note, can we start some kind of fundraising campaign to assist Louis in the meantime (between now and restitution sentencing)?
The more I read about transportation issues the more I find just how broken our justice system really is, and the more it pisses me off.
man this sucks! It is so discouraging to see our legal system at the mercy of the almighty dollar and shrewd attorneys. Until we see real justice from these pansy judges, we are in for a bunch of these soul crushing developments in the courts. Sad.
Was she found guilty of a felony count?
Being a convicted felon would drastically limit her future life/career options, which would ultimately be a much bigger punishment than serving 90-180 days in jail, and given that she’s only 19, that’s a potential lifetime of consequences.
Plus, 3 years of probation is a long time for an irresponsible person to avoid screwing up.
This makes me sick.
I can’t help but wonder how much Mahdavi’s family paid the judge. Or who in her family works in / is in bed with law enforcement / the judicial system. To be fair, if the driver had been a 40 year old Hispanic man with no money and no legal support, they would have put him away for decades.
Fox is an absolute disgrace to the American judiciary system, regardless. This on the heels of the Oscar Grant case sentencing. I just don’t know what to do with myself when the courts are protecting those who are willing to kill / try to kill others.
Thanks for you crucial reporting Alex.
This is a f@%king OUTRAGE! Bicyclists don’t get justice.
Love how the judge goes “My heart goes out to you” what a crock of shit. May the bitch get some fucking karma thrown right back at her…
Absolutely disgusting….hopefully she gets to spend some serious time in the Morgue program and really dig in.
Shit! We can’t take this lying down. Some civil disobedience and protest is in order.
Beverly Hills, needs some “real traffic”.
Well… LA Critical Mass is next week. Attempting to get some press coverage of this farcical sentence wouldn’t hurt.
LACM.
Bring your bail money with you and let’s notify the press.
I think we need to make the rounds in BH, Rodeo Dr and the surrounding streets, including Santa Monica Blvd to Bundy and back.
Actually, it’s only about 3 miles from Bundy to the pier if you turn left to Idaho, Idaho become Colorado Blvd which ends at the SM pier.
The LACM ride that showed me how easy it was to commute from one end of town to another was the one that went all the way to DTLA Staples Center and back to Hollywood.
Last ride was good, but the rout was too concentrated in one area to get the point across that you really can cycle from one end of town to another. =)
I am so disappointed in today’s mentality; i actually believe the judge made the most insightful decision by giving Celine (a 19 year old teenager) a severe heart attack by almost sentencing her to do time in jail, yet withholding from that decision and giving her enough discipline and hope to wake up, and learn her lesson. Giving her time in jail would have ruined her life and when released we would have an angry/rebellious 19 year old in the streets of Los Angeles to do further damage; as we all know jail is not the greatest environment for a teenager to learn life lessons. We all make mistakes and learn from our mistakes, sanctions should be given to those who intentionally hurt people and violate the law. In my opinion justice was served and Celine who has been given another chance, one that we all deserve, can now prove that she was worthy of such ruling.
@S-m,
You’re joking, right? Driving a car is a privilege, not a right.
She should have her driving privileges revoked for ten years. Minimum!
She almost left a man for DEAD! I don’t really care about “her future”.
@S-m
Celine’s “mistake” caused permanent, life-long injuries and scars that will last the rest of Louis’s life.
We all make mistakes, but in this case Louis is paying for it, not the criminal.
Louis can’t be given another chance, like the one afforded to Celine, the criminal in this case.
@Gina
open your eyes you fucking cyclist, i never said driving is a right, OPEN your EYES you fucking cyclist, and maybe next time you wont get hit by a CAR.
s-m she was DRUNK! She nearly killed the guy. Then she drove off and fled like a criminal! If she had stopped, we wouldn’t be here today. She fled, the cops had to chase her. She’s a convicted Felon, her life is screwed regardless. She nearly killed someone while driving drunk. That is a crime. Lindsay Lohan is sitting in jail. This girl needs to be in jail as well.
I can see the merits of debate over jail time, but how easily we let people get behind the wheel, is interoperable. In many fatal collisions it often comes out after the fact that the driver responsible had a history of traffic violations, sometimes very serious ones, that precede actually killing someone, them-self or both. Driving is a privilege, and as put by Tom Vanderbilt, author of Traffic, “It’s far too easy to get a license and it’s far too difficult to lose one.”
S-M, no matter how open anyone’s eyes are, a drunk driver (or a dumbass negligent driver) can still come out of nowhere and throw you on your ass. Everyone has to pay for their mistakes. Except this girl, apparently.
Nice job, blaming the victim. If he’d been a car and we were talking about a car v car crash, all other details the same, with this girl running and not even offering a dying man assistance, would you be so quick to say she deserves to get off easy?
You’re right, people deserve second chances, but that’s after they pay for their mistakes. Her second chance should be after she actually has to suffer some pain (like jail time or even a revoked driver’s license) not just an inconvenience for her actions.
we all know how exactly the accident happened….altho she had alcohol in her system, however, she had already passed the intersection and louis hit her car from behind…altho this doesnt justify her drinking and driving…but giving someone a time in jail requires taking into consideration every aspects of the incident and not just making decisions based on emotions…….so the judge carefully took into consideration every little information and gave her a well deserved sentence….and as S-M had mentioned earlier…jail is not a holly place that everyone will come out of it as a different person, yet in some cased it will make a some people very violent and danger to society….as S-M had previously mentioned…we all make mistakes, some get caught and some dont, as im sure u ALL have made mistakes and no one of u are innocents…..
SAM,
It’s my understanding that Louis hit the side of her vehicle, not the rear, because she attempted to left turn in front of oncoming traffic (yes, a bicycle counts as traffic). Good job trying to blame the victim again for her traffic infraction.
she had already passed the intersection and louis hit her car on the right side…..i never said he rear-ended her but hit her car…and if he was driving a car he would have been at fault since the damage is to the right side of the passenger side (not considering alcohol)
@skd
Yes lindsey is sitting in jail right now because she was on probation on two counts of DUI and was put on probation and did not meet the requirements…..so Celine is on probation right now and if she doesnt obey the court’s rule, then u can compare the cases….right now ur comparing apple to orange
No, he would not have been at fault. If you turn across oncoming traffic, you are at fault. Through traffic has the right of way. Therefore, Louis had the right of way; and she was at fault.
And, you said he hit her from behind, which is false. He hit the side of her car as he attempted to not run into her when she dangerously pulled across traffic in front of him.
Sam you are wrong. She turned into oncoming traffic. The California Vehicle code is clear, she must yield to oncoming traffic. She did not have the right of way.
She was intoxicated, her judgment impaired. Thus she turned into oncoming traffic, without adequate space between her and oncoming traffic. She is at fault and a criminal.
Goddamn, thank you, Gerald.
@danceralamode;
maybe u should check with a policer officer or something…..u are completely wrong….she was driving a SUV and her car was fully passed the intersection when louis hit the side of her car on the right hand side…u can ask people and they will all tell u if a car hit ur car passed the rear doors on to the end of the car, u are not at fault….and since that was the case she didnt know she was involved in an accident and left the scene….and a cyclist as u said considers a oncoming traffic and should obey the same rules as cars do if they are sharing the road with the car drivers…however, because alcohol was involved and louis was injured she considered to be at fault and received a well deserved sentence and “Justice was served”
There has to be something that we in the cycling community can do to be seen as first class citizens. I mean, today it was Louis, tomorrow it could be Fox’s own son or daughter. What can we do to show them that we are cyclists as well as family, co-workers, friends, etc.
So heart wrenchingly disappointing to read this.
I’m just glad out of all the things Louis broke or lost, his life can’t be counted among them.
this is ridiculous
once you have a DUI most likely you’ll do it again
the DUI law should really be changed
one DUI should be enough to take away your D.L
so stupid people who drive under the influence dont do it 2 more times
this man could have died
And if it wasn’t this guy
it could have been a pedestrian
or anyone else
if this happen to someone you knew most likely you’d feel angry just like everyone else posting here
It’s sad that bicyclists, in the 21st century are still viewed as second-class citizens. They don’t get equal treatment under the law. Maybe it’s time for some Federal intervention. The Beverly Hills court gave the driver a better deal than the now handicapped cyclist. The driver was drunk, then hit the cyclist and ran. That’s a Felony. She should be in jail.
Should Louis go to the Feds and ask them to review the case and see if they can convict this drunk hit and run driver with a civil rights violation. If she had hit a car, she probably would have stopped, but a cyclist, they are not worth the effort. Simply because there is a overriding institutionalized discrimination against them. It is time for cyclists to rise up. You deserve equal treatment.
The DMV is suppose to suspend her license. Also isn’t she suppose to have a breathalyzer attached to any car she drives?
Consume alcohol.
Smash your car into a cyclist.
Leave the scene.
Get arrested.
Go to trial.
Be admonished to not drive without proper documentation.
Walk free.
I’ve paid a comparitively steeper fine for failing to come to a complete stop at a T insection on my bicycle.
Judge Fox, as a glowing representative of our corrupt judicial system, just made “dipstick of the year”.
We need to mobilize to start a protest against such blatant disregard for cyclist civil liberties.
SAM, if he hit the SIDE of her car, then NO she hadn’t cleared the intersection. Please check the California Vehicular Code. You are wrong, and she was clearly at fault. I know for two reasons. First, I’ve read the CVC; second, I was involved in a similar accident in which I was the vehicle that crossed traffic. I misjudged the amount of time I had and another vehicle hit my side rear bumper. I was found at fault and so is Ms. Mahdalvi at fault.
Again, if she was “fully passed” the intersection as you say, then Louis would not have run into the SIDE of her car, nor would it have happened with such force that his face planted into the rear passenger window.
Here is the CVC, just so you can know how wrong you are:
21801. (a) The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.
SAM,
She didn’t know she was involved in an accident?!!! Another vehicle (yes, a bicycle is a vehicle) hits you at a fast enough speed and with enough force to break lodge into a car window, and you drag him however many feet as you drive away and YOU DON’T KNOW YOU HIT SOMETHING?!
SAM, you are a troll. She caused the collision, this isn’t disputed.
JB – it was a felony conviction and I’m glad that will have a lasting effect. What I’m not glad about is that Mahdavi will be back on the road. What I’m not glad about is that this judge has reaffirmed that the consequences for hit & run, or just hit, are minor.
I think of it like this – in how many hit & runs is a perp identified? Now take that fraction and ask how many make it to court? Take that fraction of a fraction and ask how many of those are successfully prosecuted. If this is the end result for that fraction of a fraction of a fraction which are successfully prosecuted, then the disincentive is not substantial.
Y’all – this isn’t a complete post and there’s more of a story to tell. I hope to post something more substantial tomorrow.
Also, just wanted to say – SAM is a troll! Troll it up SAM!
More on the long-term consequences of a felony conviction here:
http://www.criminalinfonetwork.com/pleading-guilty.htm
RE: Her being back on the road:
Has anybody contacted the DMV / filled out an accident report with the DMV, in addition to the police reports?
Doesn’t the DMV automatically suspend the license of anyone under 21 found to be driving under the influence?
If not, there’s always form DS699 – http://www.dmv.ca.gov/forms/ds/ds699.pdf , which you can fill out if you believe her to be an unsafe driver in need or reexamination.
this is beyond infuriating .. how is this even possible? how can she not get jailed and her license revoked?
Celine Mahdavi’s license is currently suspended it is my understanding, as a result of her not responding to inquiries from the DMV re this incident. Lawyers at the hearing seemed to agree that she will be able to apply for removal of the suspension early next year. What’s absurd to me is that she would be allowed to obtain a license at all, that her license is suspended not revoked, and that the judge would leave this decision to the DMV, rather than ordering it suspended.
So, no Mahdavi on the streets (at least legally speaking) now, but possibly early next year.
Added this comment to the bottom of the post for clarity.
Automatic suspension only applies in cases where the defendant pleads guilty or is found guilty, I believe. She pleaded no contest, which is not technically an admission of guilt. So her driving privileges might remain intact.
Maybe one of our awesome bike-lawyers will chime in.
For the record: today sucked.
her license is suspended, and she pleaded not guilty to the charges….its california rules that if alcohol plays a role in ur arrest then u lose ur license….!