Advocacy & Safety - Test Your Cycling Legal Know-How Here! (#1)

I'm studing for the bar, and now you are too ;)

Bob is cycling down a deserted country road, 'taking the lane' and happily listening to Abba on his iPod.

Mary, behind him, wants to scare Bob. She approaches him from behind at high speed, and slams on her brakes just inches from his rear bumper. She then throws a beer bottle, aiming just behind his head. The bottle misses, and Bob--oblivious to the occurrence--pedals on his merry way.

Mary is not guilty/guilty of: ____________________

I would guess that she is guilty of assault with a deadly weapon (her car) and attempted assault with a deadly weapon (the beer bottle).

There's no reason to spam 3 threads.

What kind of bike is Bob riding? I'd love to see what that rear bumper looks like.

What kind of bike is Bob riding? I'd love to see what that rear bumper looks like.
lol. oops.

And--for 'operator': It wasn't spam, actually. It was merely intended to be funny, and/or educational. Separate threads to avoid confusion... though (assuming you're a mod, with your username and all) feel free to delete 'em.

Mary is guilty of: ___Littering___

Which oddly enough has the same monetary fine as reckless driving in CA, which she might have been charged with had her bumper actually hit the cyclist and killed him.

Guilty of:

Reckless driving
Speeding (perhaps) and if so Exhibition of Speed
Damaging county property (if it's a dirt road)
Drinking while driving and maybe DUI
Violation of "Open Alcoholic Container" law
Tailgating

Not Guilty of:

Genocide
Insider Trading
Fishing without a license
Possession of weapons of mass destruction
Eating on the subway
Entering a public park without paying the required fee

Mary is at least guilty of careless driving, littering and assault (with the bottle and, possibly, with her car). She might also be in violation of an open container law if one exists. Whether she would be charged with any of those things is another question.

Guilty of:

Reckless driving ... Tailgating

Not Guilty of:

Genocide ... Entering a public park without paying the required fee

Yup ...

If the driver wasn't caught, she can't be guilty of anything.

The complainant in this case was unaware of the actions, so the answer would be that the actor is guilty of nothing whatsoever, assuming these were the only two people present. Another key word is that the actor aimed BEHIND the cyclist then the bottle was thrown. So, assuming a peace officer witnessed the event and could act as a complainant for the state, we are looking at littering and following too closely, which are low level violations, one a lowest level misdemeanor for a first offense, the other a moving traffic violation. Then again, the officer might be able to convince a prosecutor to file a deadly conduct charge, if bike rider wanted to do so. This is based on Texas law; your mileage may vary.

reckless endangerment

Bob is guilty of listening to ABBA. He should have his iPod taken away and be restrained from any future use of any electronic/audio equipment.

I'm studing for the bar, and now you are too ;)

Bob is cycling down a deserted country road, 'taking the lane' and happily listening to Abba on his iPod.

Mary, behind him, wants to scare Bob. She approaches him from behind at high speed, and slams on her brakes just inches from his rear bumper. She then throws a beer bottle, aiming just behind his head. The bottle misses, and Bob--oblivious to the occurrence--pedals on his merry way.

Mary is not guilty/guilty of: ____________________
guilty of throwing like a girl.

Trick question, Mary wan't arrested and tried, so she isn't guilty of anything.

If this happened in California it would play out as follows: Mary is a female and Bob is a male. Had Mary hit Bob she would have claimed that Bob said something of a sexual nature to her or because Bob was wearing spandex and did not have an appealing rear end, she was being sexually harrassed. The NOW group would thereby support Mary and say that Bob as well as any other man be immediately put to death. A sympathetic jury would agree and Mary would go on her way. She would then write a book and make appearences on TV shows and make millions of dollars. In the meantime our legislature would write new laws that would make it against the law for men to wear cycling shorts because it is offensive to women.

OR
The DA would just say they are too busy to prosecute.