Nycycle

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

-=(8)=-

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

Ex Pres 

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#.

Bujajuja

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 : /.

Mr. Hairy Legs

I failed to see the crime here.

CB HI

Made national cable news. Along with a couple other stupid video folks.

lakhotason

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.

Notso_fastLane

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.

FBinNY 

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.

dougmc

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.

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.

JoeyBike

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.

mr_bill

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

FBinNY 

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.

mr_bill

I've not posted an opinion here.

-mr. bill

FBinNY 

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.

wphamilton

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?

kickstart

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.

mr_bill

No, I quoted from a facebook posting. You said that you misread. Those are called facts.

-mr. bill

Chris516

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.

hurricane harry

JoeyBike

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.

mr_bill

No it is *NOT* "OK"!

-mr. bill

dynodonn 

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.

hurricane harry

I actually thought the video was hilarious. However if I were the one getting smoked probably not so much.

dynodonn 

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