motorist charged:aka a small win for the cyclist

[erok]

From the Pittsburgh Tribune-Review
http://pittsburghlive.com/x/tribune-review/trib/westmoreland/s_434229.html

Motorist charged in confrontation with cyclist

By Tom Yerace
TRIBUNE-REVIEW
Friday, March 17, 2006

An Export man faces charges in an alleged road-rage incident involving a bicyclist in Murrysville.

Murrysville police have filed charges of recklessly endangering another person, disorderly conduct and reckless driving against Larry Rupnik.

Rupnik, 57, of 3220 New England Lane, Export, has been charged in connection with an incident at 5:44 p.m. March 9 along Kemerer Hollow Road and then at that road's intersection with Hills Church Road, police said.

According to the affidavit filed by police, Fred Baldassare of Murrysville told them that he was cycling west on the right side of Kemerer Hollow Road when he was nearly hit by a late-model, tan Pontiac Bonneville driven by Rupnik.

As the car drove past the cyclist, Baldassare made a hand gesture toward Rupnik, police said. The cyclist then got closer to the vehicle at the stop sign at the one-lane bridge along Kemerer Hollow Road, giving Baldassare the chance to obtain the car's license-plate number.

Baldassare again got close to the vehicle at the stop sign at Hills Church and Kemerer Hollow roads. The Bonneville then turned around at a pull-off on Hills Church Road, directly facing Baldassare, police said.

At that point, the affidavit states, Rupnik rolled down a car window and began criticizing Baldassare, telling him he had no right to be on the highway and did not have an insured or licensed vehicle. At the end of the exchange, Rupnik told Baldassare that he should have exited his car and knocked the cyclist off his bicycle, according to the affidavit. Rupnik then drove away, spinning his car's tires and pelting Baldassare with gravel and dirt.

Police said Baldassare called and reported the incident and gave them the license number of the Bonneville.

At about 10 p.m., police said, they talked to Rupnik at his home. They said he had an adversarial demeanor, telling police that he should have knocked the cyclist off his bike and that Baldassare had no business being on the highway with motorized traffic.

Pennsylvania law gives bicyclists all the rights and responsibilities as those driving motor vehicles.


Tom Yerace can be reached at tyerace@tribweb.com or 724-837-5374.

[genec]

Now if the cyclist wins the case, then that will set a strong precident against this type of motorist behaviour.

[I-Like-To-Bike]

Now if the cyclist wins the case, then that will set a strong precident against this type of motorist behaviour.
It is a legal matter now to be settled; not won or lost by this cyclist. The "cyclist" does not have a "case" to win or lose.

[genec]

It is a legal matter now to be settled; not won or lost by this cyclist. The "cyclist" does not have a "case" to win or lose.

True, it is not a civil case. But this was just an easy way to say what I wanted to say.

I don't believe there has been a single case based on cyclists "rights" that involved a a simple threatening motorist.

I believe that any and all prior cases involved municipalities that wanted to modify roadways (in a negative manner for cyclists), or accident situations.

This is neither. If the "state" wins (or prosecutes) then the cyclist wins.

[I-Like-To-Bike]

If the "state" wins (or prosecutes) then the cyclist wins.
When the state "wins" a criminal case; all the citizens win.

[oboeguy]

Wow, the driver is a real "winner" -- telling the cops that he should have assaulted the guy with his car? You can't make this stuff up!

[jyossarian]

Wow, the driver is a real "winner" -- telling the cops that he should have assaulted the guy with his car? You can't make this stuff up!
+1 takes some real bad brains to tell the cops you should've assaulted somebody for obeying the law.

[unkchunk]

...telling police that he should have knocked the cyclist off his bike...

Did the defendant have intent? Insert check mark here

Why do they make it so easy for the prosecutor?

[unkchunk]

So... I guess I wasn't the only one to notice that just now.

[genec]

When the state "wins" a criminal case; all the citizens win.

Right. I am sure that motorists will jump for joy in this state when and if the court confirms the rights of cyclists.

[I-Like-To-Bike]

Right. I am sure that motorists will jump for joy in this state when and if the court confirms the rights of cyclists.
Do you really think the motorists in this state (or any state) obsess like yourself about this issue or the ramifications of this case?

[LittleBigMan]

According to Georgia Code 40-6-397...

40-6-397.
(a) A person commits the offense of aggressive driving when he or she operates any motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person, including without limitation violating Code Section 40-6-42, 40-6-48, 40-6-49, 40-6-123, 40-6-184, 40-6-312, or 40-6-390 with such intent.
(b) Any person convicted of aggressive driving shall be guilty of a misdemeanor of a high and aggravated nature.

Link:

http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=40-6-397

[genec]

Do you really think the motorists in this state (or any state) obsess like yourself about this issue or the ramifications of this case?

Hell no, I don't think motorists know one little bit about the rights of cyclists. Nor do they care. I believe motorists barely tolerate us out there, equating us with any other obstacle out there from trash cans to loose dogs. I believe motorists do not tend to treat us with "respect" or any other positive way... that we are generally just considered something to get around at all costs.

However, in response to your line regarding "all the citizens... ," motorists, if they knew and really cared, would not be happy if the DA finds in favor of the state, thus finding in favor of cyclists.

As a cyclist, that pleases me. Apparently you only care to argue whether I have dotted "I's" and crossed "T's."

[seeker333]

I (like everyone here) have had hundreds of motorists accidently-on-purpose pass me in a dangerous manner, leaving ~1 foot between their vehicle and me even though they had ten feet open to the left of their vehicle. Sort of a "you should get your ass off the road" gesture. Cops generally will do nothing about these incidents. I dont bother reporting them unless the act is accompanied by a horn, hand gesture, shouting, or multiple repeated incidents. This additional factor gives me some logical leverage with the cop - ie no longer an accident, this is intentional malicious behavior. Still this only rates a friendly warning from the cop to the motorist, but i have found that a single visit from "the law" changes their attitude to my satisfaction.

I recently had a neighbor utter the words "next time i'll run over you're silly ass" to me. Well, i knew i had him then...cops take threats seriously around here. Even though i felt almost no threat from an angry neighbors words, and am routinely scared to death by the "1 ft pass" manuever, the cop was ready to haul the neighbor down to the courthouse over the threat, while the REAL threats go unpunished.

I called the cops on the "threatening" neighbor because a. he has a reputation for agrresive behavior and b. prime opportunity to put another jackass motorist in line. I declined to pursue the threat charges, since i knew i'd get this fella to behave like an adult with a mere visit from the cops. The neighbor has a cushy blue collar job in a government security clearance required postion, he could lose his job over a conviction.

This big mean bubba now stares me down every chance he gets but doesnt dare utter a word. He also drives much safer now too.

Its a shame that you have to call the law to a persons doorstep to get them to actually behave like a civil person.

I wish the laws would be rewritten or better enforced so that every moron who chooses to scare a bicyclist just for kicks would receive just punishment.

[I-Like-To-Bike]

Apparently you only care to argue whether I have dotted "I's" and crossed "T's."
I am concerned about cyclist "advocates" who place a high priority in "defeating" motorists in criminal court, or battling "cager culture" in the court of public opinion. Such flights of imagination are NOT winning propositions for cyclists.

[scarry]

So all the negative impacts of our "cager culture" are mere imagination?
Right. Breath the smog and tell us if that stinging sensation in the back of your throat is just imagination.
Or the 40,000 Americans dead in motor vehicle crashes is just someones imagination.
Or skyrocketing obesity rates are just imagination.
And all that farmland lost to sprawl is just imagination.
And cyclists getting buzzed day in and day out is just our imagination.

Ostrich.


I am concerned about cyclist "advocates" who place a high priority in "defeating" motorists in criminal court, or battling "cager culture" in the court of public opinion. Such flights of imagination are NOT winning propositions for cyclists.

[Jerseysbest]

Holy crap. that guys insane! Hopefully he lives by himself cause I'd hate so see what homelife is like with that maniac

[Keith99]

I am concerned about cyclist "advocates" who place a high priority in "defeating" motorists in criminal court, or battling "cager culture" in the court of public opinion. Such flights of imagination are NOT winning propositions for cyclists.

Agree, and in this context the idea that motorists, at least those who read the details of this case would even begin to view this as a cars vrs. bikes issue. Any driver I can think of would be happy to have this guy off the road. After all next time it could be that they are not driving fast enough that pisses him off.

[LittleBigMan]

I am concerned about cyclist "advocates" who place a high priority in "defeating" motorists in criminal court, or battling "cager culture" in the court of public opinion. Such flights of imagination are NOT winning propositions for cyclists.
I am more concerned about public servants and law enforcement personnel who are ignorant of the laws which were designed to protect everyone's rights. Winning court cases makes a difference.

It's better than giving up and not standing up for yourself.