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Old 05-24-14, 03:32 PM   #51
Nycycle
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By law here in Utah, "Reckless Driving Charge" is equal to a "Under The Influence" Charge. Licence revoked, driver fined and jailed.
Failing to give a Bicycle Rider the minimum amount of space when passing with proof it was intentional could likely result in a "Reckless Driving Charge".
And if the right lawyer gets involved,,,,who knows
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Old 05-24-14, 04:03 PM   #52
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Originally Posted by spectastic View Post
one of the reasons I want to move to Austin, Portland, San Francisco, Miami, Seattle or one of the more friendlier bicycle cities. I'm tired of people like these who have no clue and no compassion
Sorry for off-topic, but Miami is not bike friendly in any way. Is pretty much universally considered the bicyclist murder capitol of the East Coast
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Old 05-24-14, 05:28 PM   #53
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Originally Posted by Metal Man View Post
I posted this on the FB page of the Calhoun County Sheriff's Office. A lot of bike haters there.

If his weapon of choice was a g*u*n would some of you see this differently? Can you imagine the same audio with a g*u*n in his hand walking down the street "saying I hate.......", or maybe the mall, a school or a movie theater?
Here in AL, many of the haters also believe that it's your Constitutional right to do that, too.

As an aside, a group of 8 of us on a ride today through B'ham were buzzed by a B'ham city cop. Fairly narrow 2 lane, but clear view of no oncoming traffic, and his tires didn't touch the center yellows as he blew by us. He had been blowing his horn at one rider that was a little off the back. I'm hoping his GoPro got a shot of the car#.
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Old 05-25-14, 03:25 PM   #54
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These are the kind of people who scare the crap out of me and my wife. Living in a world where everyone is in speed mood and couldn't care less for their common man. I live in south florida around sunrise-Davie area and i need to find some safer roads : /.
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Old 05-25-14, 04:25 PM   #55
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I failed to see the crime here.
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Old 05-26-14, 04:00 PM   #56
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Made national cable news. Along with a couple other stupid video folks.
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Old 05-26-14, 04:14 PM   #57
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As a cyclist I would be very interested in just talking to this person. Perhaps he would have the same interest. He may have a point of view beyond what the video exhibits.
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Old 05-27-14, 11:31 AM   #58
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Originally Posted by FBinNY View Post
Yes I said assault, and I stand by that. And this case is a (minor) example, which supports the statement. But there are many direct assault by government which you can find easily enough via the ACLU site, or net search for "free speech prosecution".

I agree that speech rights don't protect one from reaction, nor are they intended to. But public attitudes about what is or isn't, or should or shouldn't be protected speech are an important part of the social fabric. We live in a society not only of laws, but of mores and expectations. Though government isn't involved directly in campus censorship, it' doing little to prevent it or protect victims and nobody cares because those being gagged are unsympathetic.

Also, when there are prosecutions, general public expectations and attitudes are as important as law, since a jury will be deciding the first round. ortuantely -- so far -- appellate judges tend to be very strong defenders of the 1st amendment.
Your use of free speech in this case seems to imply speech without consequences.

That ain't how it works. Everyone else has free speech too, and that includes the freedom to ask for investigation of possible threats, calls for boycotting, etc.
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Old 05-27-14, 12:00 PM   #59
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Your use of free speech in this case seems to imply speech without consequences.

...
It might be what you inferred, but not what was said or intended. The assault I refer to is the attempts to muzzle speech on college campuses, for example. As Justice Brandeis said, (not directly quoted) the remedy for problem speech is more speech. These days that spirit is being lost to the notion that speech must not offend (anybody). And the excuse of offensiveness is used as a muzzle on campuses and elsewhere.

We have literature sanitized so it doesn't offend students or their parents, we have invited speakers turned away at campuses because of protests or threats or protests. I could go on, but this thread is about some moronic Walter Mitty who recorded his thoughts and posted them. It might have made sense if a ADA or someone went to him and told him, to be extra careful not to have any accidents because the tape could be used to demonstrate intent. But an arrest based on the video crosses the line.
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Old 05-27-14, 12:22 PM   #60
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Originally Posted by Nycycle View Post
By law here in Utah, "Reckless Driving Charge" is equal to a "Under The Influence" Charge. Licence revoked, driver fined and jailed.
Here in Texas, both are "class B misdemeanors", which generally involve being arrested rather than given a ticket. That said, the penalties for DWI are a lot more severe here than reckless driving -- higher fines, loss of license, etc.

Often DWI cases are plea bargained down to "obstructing a highway or other passageway" -- another class B misdemeanor, usually reserved for sit-in protesters and Critical Mass corkers. But even though both are class B misdemeanors, obstructing a highway isn't anywhere near as serious as a DWI. I don't think they even lose their license, unless that's part of the plea bargain, for example, and they miss all the other fun things that come with a DWI conviction.

Quote:
Failing to give a Bicycle Rider the minimum amount of space when passing with proof it was intentional could likely result in a "Reckless Driving Charge".
Really, if the state can show that it was intentional and intended to scare the cyclist ... in Texas that would be be pretty clearly aggravated assault, which is a felony, or deadly conduct, which is a class A misdemeanor (more serious than reckless driving.)

However, the prosecution in Mr Maddox's case would have intent worked out ... but they don't know that the driver actually acted on his intent. He passed a cyclist -- but we don't know how close, we can't tell. One cyclist was found, and didn't recall anything particularly unusual about the pass, which makes it not a very effective assault if that was the intent.
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Old 05-27-14, 01:26 PM   #61
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If every motorist gave me that much space when they pass me I would be happy to watch all of their silly theatrics on YouTube. He probably passes that same cyclist every day and doesn't have the sense to leave for work a couple of minutes earlier so he has 30 seconds to spare after being inconvenienced. "See...it's what he makes me do every morning"

One of the cyclists seems to have TWO Dinotti tail lights. I suspect he has had a few close calls in the past to drop that kind of cash.

I think the dude saying "I'm gonna hurt one of them some day...I can't help myself" is what did him in. If some high school kid posted that on Facebook about some classmates in the chess club the FBI, NSA, ATF, IRS, State Police, Local Police, National Guard, local Scout Troop, and the town dog catcher would all be called into action immediately. This is where our great nation has gone to.

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Old 05-27-14, 01:29 PM   #62
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Originally Posted by FBinNY View Post
....

But an arrest based on the video crosses the line.
That's been your opinion within a few minutes of not really reading this story, and you are sticking to it.

(But with frequent flights into the royal we territory doing your best to go to P&R....)

-mr. bill

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Old 05-27-14, 02:27 PM   #63
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That's been your opinion within a few minutes of not really reading this story, and you are sticking to it.

(But with frequent flights into the royal we territory doing your best to go to P&R....)

-mr. bill
Yes, you and many posters see an appropriate arrest of someone who endangers bicyclists, while I and some others see an inappropriate arrest of a "Walter Mitty". Somehow, the idea that not everyone (me) sees it your way seems to bother you, but Isn't that how a forum works?

BUT, I've said my piece, and wouldn't post except to respond to or clarify when I'm quoted.
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Old 05-27-14, 02:39 PM   #64
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...
I've not posted an opinion here.

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Old 05-27-14, 02:47 PM   #65
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I've not posted an opinion here.

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This is a forum, we all post opinions. For example, YOU have the OPINION that I haven't read, or misread the story. That's fine, you're entitled to your OPINION.
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Old 05-27-14, 03:07 PM   #66
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I watched the video without sound so that I wouldn't be biased. The first pass looked perfectly fine to me, in the cyclist's shoes I don't think I'd have had a problem with it. The second, where there were a couple of cyclists, he gunned the engine and I think buzzed them? It's hard to tell from the video - very close, swerved at them, I couldn't tell. I'd call it aggressive and intimidating but I can't confidently see it as an assault.

Either the DA viewed that differently, or his decision was colored by the dialog. Have the news sources been explicit about which way that went?
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Old 05-27-14, 03:34 PM   #67
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I also watched it the first time without auduo, but I only took issue with the first pass as it was done at a grade crossing which is illegal and dangerous.
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Old 05-27-14, 04:01 PM   #68
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...
For example, YOU have the OPINION that I haven't read, or misread the story. That's fine, you're entitled to your OPINION.
No, I quoted from a facebook posting. You said that you misread. Those are called facts.

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Old 05-27-14, 04:10 PM   #69
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This case indirectly, makes me think of the woman who was arrested after killing a cyclist. The original charges were pretty lenient. But after the judge got wind of her callous jailhouse phone call. He greatly increased her sentence.

The connection I am making is, that the case with the woman in jail, was after-the-fact. This is before-the-fact. Granted, There may be a 1st Amendment debate brewing. But I think the judge is basing this on the man's history.
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Old 05-27-14, 04:44 PM   #70
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Old 05-29-14, 08:02 AM   #71
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Not sure why but I found this^^ more funny than maddening. One of the comments made me spit out my Cheerios. "Hillbillys gonna hillbilly"

I also like it when trucks with air-brakes go past me and release a HISSS of air just as they get next to me in an attempt to startle me. What I DON'T like is the time I was touring through Missouri and some local trucker hit the air horn right next to me just to be mean. Lost some hearing in my left ear for two days. I would call that assault. Anyway, a little smoke is OK and about the least damaging thing Diesel-Boy could do if he hates cyclists. At least he passed legally in the video.
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Old 05-29-14, 08:25 AM   #72
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...
Anyway, a little smoke is OK and about the least damaging thing Diesel-Boy could do if he hates cyclists.
...
No it is *NOT* "OK"!

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Old 05-29-14, 08:38 AM   #73
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No it is *NOT* "OK"!

-mr. bill
Especially when done in an urban environment..... it takes a while for thick diesel smoke to clear out from an intersection on a calm day.
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Old 05-29-14, 08:41 AM   #74
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I actually thought the video was hilarious. However if I were the one getting smoked probably not so much.
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Old 05-29-14, 08:56 AM   #75
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I actually thought the video was hilarious. However if I were the one getting smoked probably not so much.
My state would not think it hilarious, and even has a way for people to report "rolling coal" if it does happen to them.

Enforcement: Smoking Vehicle Complaint Program
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