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Old 07-08-14, 04:35 PM   #1
hack
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Don't yell at cars if they're assaulting you as you may be charged with a crime

So, I posted a story some time ago about a SoCal cyclist that caught a truck throwing bottles of gatorade at him on video.

Cyclist videos encounter and gets some news coverage

The cyclist sent the video to the local Sheriff department and local news outlet. The story gained some news traction, but little to no legal action (DA elected to not pursue). There was some follow up push from advocacy groups to pursue legal action by the Sheriff department, but nothing happened.

The response from the Sheriff has been great as they're considering adding charges to the cyclist due to using "words in public likely to illicit a violent reaction".

I think that is insane and a bit of a push from the Sheriff hinting that they'd like him to drop it.

O.C. cyclist hit by Gatorade bottle in road rage case may get charged*-*Los Angeles Times
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Old 07-08-14, 05:34 PM   #2
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From the tone of your post you seem to indicate that California law and law enforcement do not value cyclists enough. Only recently in California we passed a safe passing distance law in which a motorist can be fined up to $35 for buzzing a cyclist. The legislature is now debating even greater protection with a vulnerable user law which could result in fines as great as $300 for a hapless motorist who causes severe injury or death to a cyclist or pedestrian.

Don't try telling me that California isn't clamping down hard on those who might endanger cyclists!
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Old 07-08-14, 05:40 PM   #3
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Can't say what happens behind the Orange Curtain.

But I can tell you what happens when you yell something like "What the **** are you doing" when a driver makes an illegal right turn on red and forces you across 2 lanes in LAPD country, at least when there has been a recent incident across the street.

You get a LAPD motor officer taking off like a bat out of **** after the motorist.

And this 20 years ago, before recent trends for the better.
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Old 07-08-14, 07:52 PM   #4
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The response from the Sheriff has been great as they're considering adding charges to the cyclist due to using "words in public likely to illicit a violent reaction".

I think that is insane and a bit of a push from the Sheriff hinting that they'd like him to drop it.

O.C. cyclist hit by Gatorade bottle in road rage case may get charged*-*Los Angeles Times
My google-fu says this might be the law the cyclist would be charged with breaking:

California "Disturbing the Peace" Laws | Penal Code 415 pc

If so, and if I were the cyclist, I would feel quite comfortable facing a jury on that charge. *shrug*
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Old 07-08-14, 08:16 PM   #5
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From the tone of your post you seem to indicate that California law and law enforcement do not value cyclists enough. Only recently in California we passed a safe passing distance law in which a motorist can be fined up to $35 for buzzing a cyclist. The legislature is now debating even greater protection with a vulnerable user law which could result in fines as great as $300 for a hapless motorist who causes severe injury or death to a cyclist or pedestrian.

Don't try telling me that California isn't clamping down hard on those who might endanger cyclists!
Touché...I'm glad they put a price on the life. If the angry SUV drivers catch on they might be more inclined to run folks down and pay the fine on the spot though
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Old 07-08-14, 08:33 PM   #6
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Maybe a better idea is to edit the audio out if you'd used provocative language, before posting the video. Why people post things which could be incriminating is beyond me.
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Old 07-08-14, 08:39 PM   #7
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So, I posted a story some time ago about a SoCal cyclist that caught a truck throwing bottles of gatorade at him on video.

Cyclist videos encounter and gets some news coverage

The cyclist sent the video to the local Sheriff department and local news outlet. The story gained some news traction, but little to no legal action (DA elected to not pursue). There was some follow up push from advocacy groups to pursue legal action by the Sheriff department, but nothing happened.

The response from the Sheriff has been great as they're considering adding charges to the cyclist due to using "words in public likely to illicit a violent reaction".

I think that is insane and a bit of a push from the Sheriff hinting that they'd like him to drop it.

O.C. cyclist hit by Gatorade bottle in road rage case may get charged*-*Los Angeles Times
I smell a harassment lawsuit. But that is just me.
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Old 07-09-14, 06:51 AM   #8
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It just seems to me that it is getting harder and harder for cyclist to get justice in todays courts.
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Old 07-09-14, 06:54 AM   #9
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Case has not been to court.
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Old 07-09-14, 07:33 AM   #10
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Ah, "disturbing the peace." The old standby for cops. It means "I don't like you." Absolutely anyone can be charged with it as it's a completely subjective judgement. It's also often used as "you're trying to make me do work. I don't like doing work." slap-down.
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Old 07-09-14, 07:40 AM   #11
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Seems like a number of law enforcement agencies are biased towards cyclists, and into thinking they are easy targets. They are willing to press charges on the cyclist's verbal usage, but not on the motorist's and the passenger's physical intimidation and assault. Some ****ed up thinking going on there.
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Old 07-09-14, 07:54 AM   #12
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It just seems to me that it is getting harder and harder for cyclist to get justice in todays courts.
It used to be easier?
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Old 07-09-14, 08:00 AM   #13
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Cops investigated
Tried to charge the "truck people"
but charges were rejected
a bit unclear why-
my guess is the jurors saw something or were told something that led them to think the rider provoked the reaction
Some where else it was said the rider "kicked" the truck??
In any case-stupid to yell ANYTHING at someone in the HUGE diesel Pickup-7500 lbs or so??
Duh!! Stupid to get into a battle with a driver-
Cops seem to be doing the best they can- tossing gatorade-and missing- vs whatever the driver passenger would claim-no actual blows struck injuries-hard to make much out of it-
And bike riders are disliked in So Cal right??
Take a poll-what would you find?
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Old 07-09-14, 11:08 AM   #14
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Case has not been to court.
Lynch Mob mind sets on A&S don't need no stinkin' court case to rant and rave about the court's injustice.

Next case: It's all dem stinkin' b'crats fault.
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Old 07-09-14, 11:16 AM   #15
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From the tone of your post you seem to indicate that California law and law enforcement do not value cyclists enough. Only recently in California we passed a safe passing distance law in which a motorist can be fined up to $35 for buzzing a cyclist. The legislature is now debating even greater protection with a vulnerable user law which could result in fines as great as $300 for a hapless motorist who causes severe injury or death to a cyclist or pedestrian.

Don't try telling me that California isn't clamping down hard on those who might endanger cyclists!
Up to $35 fine, that is making a statement.
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Old 07-09-14, 01:28 PM   #16
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From the tone of your post you seem to indicate that California law and law enforcement do not value cyclists enough. Only recently in California we passed a safe passing distance law in which a motorist can be fined up to $35 for buzzing a cyclist. The legislature is now debating even greater protection with a vulnerable user law which could result in fines as great as $300 for a hapless motorist who causes severe injury or death to a cyclist or pedestrian.

Don't try telling me that California isn't clamping down hard on those who might endanger cyclists!
Not that many other states are doing better, but come on, you're telling me a $35 fine is meant to be deterrent? That fine isn't even great enough to get a cop motivated to write the ticket, let alone get someone to avoid buzzing in the first place. And up to $300 for killing a cyclist? Seems like we got the short end of the stick on that one. I mean, technically, it's progress, but it's not much.
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Old 07-09-14, 01:34 PM   #17
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Not that many other states are doing better, but come on, you're telling me a $35 fine is meant to be deterrent? That fine isn't even great enough to get a cop motivated to write the ticket, let alone get someone to avoid buzzing in the first place. And up to $300 for killing a cyclist? Seems like we got the short end of the stick on that one. I mean, technically, it's progress, but it's not much.
I think you might need to re-calibrate your sarcasm detector.....
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Old 07-09-14, 01:38 PM   #18
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I think you might need to re-calibrate your sarcasm detector.....
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Old 07-09-14, 11:01 PM   #19
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I think where the difference lies is that cyclists tend to view a dangerous incident as "we are vulnerable, so we have a right to make more noise and threatening gestures!".

A jury of non-cyclists would see it as just another individual being aggressive and threatening, regardless of the mode of transport he/she is employing.

They'll think that a cyclist CHOOSES to ride a bike, so if they get pushed around on the road, it's partially their fault for choosing a clearly vulnerable mode of transport. Kind of like how a girl in a short skirt is "asking for it" if she walks down a dark alleyway.

And "but... but it's good for the environment!" doesn't fly in these cases. If you really want to save the environment, go join Greenpeace or plant a tree.
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Old 07-09-14, 11:30 PM   #20
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If you really want to save the environment, go join Greenpeace or plant a tree.
Better yet, get sterilized.
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Old 07-10-14, 07:52 AM   #21
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I think where the difference lies is that cyclists tend to view a dangerous incident as "we are vulnerable, so we have a right to make more noise and threatening gestures!".

A jury of non-cyclists would see it as just another individual being aggressive and threatening, regardless of the mode of transport he/she is employing.

They'll think that a cyclist CHOOSES to ride a bike, so if they get pushed around on the road, it's partially their fault for choosing a clearly vulnerable mode of transport. Kind of like how a girl in a short skirt is "asking for it" if she walks down a dark alleyway.

And "but... but it's good for the environment!" doesn't fly in these cases. If you really want to save the environment, go join Greenpeace or plant a tree.
....and with that, one doesn't really have to wonder why bicycle commuting numbers are so low in the US.
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Old 07-10-14, 10:55 AM   #22
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From the article: "words in public likely to illicit a violent reaction,"

Someone needs a schooling in grammar. Unfortunately nowadays, it seems to be the media doing a piss-poor job with proofreading.
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Old 07-13-14, 05:01 PM   #23
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Better yet, get sterilized.
i'm pretty sure contraception is available in iowa.
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Old 07-13-14, 05:07 PM   #24
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In any case-stupid to yell ANYTHING at someone in the HUGE diesel Pickup-7500 lbs or so??
some left coast greenie in a prius can kill a cyclist just as dead as a scotch-irish individual in an f350.
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Old 07-13-14, 05:11 PM   #25
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some left coast greenie in a prius can kill a cyclist just as dead as a scotch-irish individual in an f350.
on the other hand, big trucks may compensate for emotional or physical deficiencies.
Of course the same pseudo psychological profile can be conjured about loud mouth obnoxious cyclists who yell at motorists and are proud of pounding on car fenders.
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