mister

For the last few days I've been getting a lot more of those "aren't you afraid to ride at night?" type questions. A few co-workers were talking about a show they saw on TV about teens that would drive by cyclists then shoot them with a paint ball gun or throw something at them and cause serious injuries to the cyclists. Then this evening, one of my close co-workers said "Hey man, careful out there. There's a lot of crazies." My initial response was "Thanks, but drivers in town are generally respectful and I've never had a problem." As I headed out I kept thinking about what my co-worker said. Especially since he usually says something along the lines of "Tear it up on the way home!"

I guess it was bound to happen. I was about 2/3 of the way home and heading down a two lane street. The street widens to three lanes right before a residential area otherwise there's only a dirt shoulder. As I'm going down the street, a car gets right up on my wheel and starts blaring the horn and flashing the lights. I'm only 100 feet or so from where the street widens, so I just maintain my 23 mph pace and hold my line. When the street widens I promptly move over, and wave to apologize for holding them up for a few seconds. I end up passing them at the next light since they got stuck in a line of cars. As I passed the passenger yelled a bunch of stuff that sounded like "aaaaaaaaaaaaaAAAAAAAAAAAAAAAaaaaaaaa" as I went by. Whatever. Then I hear more honking from the guy as the cars start to pass me and a bunch of shouting thats getting louder as it approaches. I look over and see a lady move her arms across her body as if to throw something. I quick like hit the brakes just in time to see a small trashcan sized cup full of ice fly right in front of me. I automatically get the plate, make and model of the car and the direction it went.

Then I called 911. I told the dispatcher I was a cyclist and just had a jug of ice thrown at me by a passenger of a car. I gave them the info I had and they said they'd put out a BOLO (be on the look out) to all the units in the area. I told the dispatcher I didn't really want to press any charges since I wasn't actually hit or injured and that an officer could call me if they wanted but it wasn't necessary.

Two hours later I get a call from an unknown number.
"Hello, mister please."
"Speaking."
"I'm Deputy ----- with the Sheriff Dept. I'm calling regarding the assault you experienced while riding home this evening."
"Oh, yes. Everything okay?"
"Yes, thanks to your good eye and quick thinking and relaying the vehicle information to our dispatcher, I was able to locate the assailant at their home and cite them for misdemeanor assault. Would you like to press charges?"
"Wow! Great! Since I wasn't actually injured or struck, pressing charges isn't really necessary, but thank you for your efforts!"
"Well, in case you need anything else the report number is ---------. You can get a hold of me if need be by calling the non emergency number and the dispatcher will relay any info directly to me."

I was astounded! Score one for the local PD and cyclists!

man, that was a long post....

Lurker1999

Glad you're ok. I can see how it can be a hassle to press charges but I'd consider doing it. Those people won't learn from a near miss.

Rkoetting

Call him back (the deputy) and insist that at a minimum, a charge of 23110 VC (Vehicle Code) be alleged in a complaint to the DA's office. This is a section for throwing a substance at another vehicle. Better yet, a charge of assault be filed. Assault is the attempt to strike you - battery is if they succeed. They certainly assaulted you. If the substance had struck you, it is certainly possible you would have lost control and crashed - possibly resulting in injuries - or worse. I am a CHP officer and this behavior should not be TOLERATED at all. I am a little stoked up on this subject, since I was the victim of a 20 oz plastic bottle full of orange juice two days ago by the same type of dick heads on my lunch ride. And I was not able to get the plate - but if I had, there would be no mercy on my part - I would have made the arrest myself - and would have appealed for a bail increase to keep the miscreant in custody as long as possible. So, make the call, do what is right - it may help prevent one of us from being the victim again.

FlowerBlossom

Wow. Glad to hear you're ok. My adrenaline level went up a bit reading your story. And, I learned something. I never knew that assault was intent and battery was success.

I third the motion of getting assult charges filed, for all of the above reasons. We want to make sure they don't ever succeed.

stringbreaker

I agree make em pay I had an incident a while back and I called the cops and they ran the plate and to make a long story short the kids in the car weren't trying to door me on purpose the kid thought she was gonna throw up and saw me and shut the door just in time. I got apologizes from all involved but would have pressed charges if I had been hurt even if they had said sorry or not or if they didn't mean it or not. People have to be accountable for the crap they pull on cyclists I mean for cryin out loud we are just trying to stay a little healthier and have fun in the process. Man in hacks me off to no end

markf

If you press charges, you'll make an example out of them. Hopefully word will start to get around that harassing bicyclists isn't worth the trouble it gets people into. The way I see it, they volunteered to serve as examples when they threw the ice at you.

Maybe you weren't hurt, but if enough people start throwing things at cyclists then sooner or later someone will get hurt or killed.

BikeManDan

And on the other side of the coin they could become enraged by being pressed with charges and hate cyclists even more telling their friends to hate them too

I think it was big of the OP not to press charges

seeker333

My experience has been that 90% of the time (8/9 cases) the perpetrator tends to suddenly become the world's finest citizen when the law shows up at their door (they also tend to develop short term amnesia and brilliant creative storytelling skills on the spot - i have gotten feedback from the officer after the visit - it's extremely comical the lies people tell - just like on the tv shows). You usually never have problems with them again.

Going to court to prosecute someone is a pain in the ass that frequently doesn't accomplish anything more than wasting lots of your time, money and taxpayer dollars.

One day in court means you miss an entire work day. But so does the perp. Plus they may choose to pay an attorney for their defense, which adds to their cost.

If the accused is ill, or claims they are, or requests a continuance, which nearly all judges grant, then your little mission becomes at least a 2 day work absence, spread out over 2-6 months.

So, you need to decide how much justice is worth to you, and whether you think you will really have accomplished anything more than the "squad car visit" does. To me, minor everyday traffic skirmishes where i'm not injured and theres no damage just don't equate high enough to pursue.

I think the OP handled the situation well, and I'm glad to hear he lives in a place where the police take their job seriously.

swalter84

I believe the opposite would occur. The person assaulting the OP would know there are reprecussions in doing something illegal and I would think they would not do it again. Their friends would see what trouble one gets into with assault and they will more likely think before doing something stupid. An assault (misdemeanor) is more serious than an infraction (such as exceeding the speed limit). The person will be at least heavily fined and probably do some community service. I know the one ticket I have ever received (speeding) has caused me to control my speed more, and I received the ticket 3 years ago.

littlefoot

I'd press charges...yeah no one was hurt. But how often is this not the case.

JeffS

While I guess it's not technically assault since they didn't hit you, I certainly wouldn't reward them for their bad aim. Their intent WAS to hit you.


I just can't imagine what these people are thinking. A couple years ago a morning radio personality mentioned keeping bottles in his truck to throw at cyclists on the air. Most of the people calling in were applauding and agreeing with him.

squeakywheel

I'd press charges. Let the DA decide if prosecution is warranted. The longer the ordeal is drawn out, the better the lesson.

They would probably plea bargain the case and make your assailant pick up trash in the bike lanes or some similar public service.

Rowan

What a load of baloney saying to press charges. The incident can be a part of cycling anywhere in the world. Seeker has his finger on the pulse here in regard to the messiness of having to give statements and maybe appear in court. Interestingly, the "yeah, charge 'em and take 'em to court" gung-ho brigade is composed mainly of newbies, people who have been here for 12 months or less.

Props, though, to the OP for having the awareness of what was going on around him to avoid the danger... which is what good cycling is about anyway. Equal props for having the intelligence to let the police visit have its effect. And equal props to the police.

stringbreaker

The newbie comment was out of line IMHO

gwhalin

Totally! Pressing charges for assault is silly! You will just have to go to court and who wants that. Plus, you might make the assaulter mad, so best just to turn the other cheek. Great idea noobs!

Wheels4

to the OP: you handled the situation well... i applaud you. I don't know how I would have handled it...

to the other posters that say no to pressing charges: If this same person were to throw any object at you next week... wouldn't you be alittle angry that they now have done it twice? and that you were on the receiving end?

by the way... no offense intended, just curious.

mister

I called the deputy last night via the dispatch center. They sent him the message and he's supposed to call me back for an update. I understand all the reasoning behind the press charges brigade, but we all know that since no one was hurt, the case would most likely get pled down to some BS charge and everyone's time would just be wasted.

SingingSabre 

I think you're doing the right thing. Having the officer cite them should be good. If you were to charge them with something despite them not hitting you (due to your good reflexes and quick thinking rather than their aim), I think you would be viewed as a whiney cyclist.

Having them cited because they did something illegal but not charged because no one was hurt seems to be the best course of action in my mind.

nukemm

I agree with the OP's handling of the situation. If I weren't hit, I'd just let the 5-0 do their job, and leave it at that. Hopefully they learn their lesson. However, if there is a round 2, you can bet that I'd consider pressing charges if it's the same perp.

Saintly Loser

I don't know, I'm no newbie. I can't remember when I signed up here, but I've been communting by bicycle since I was in high school, which was around thirty years ago. And I disagree with you.

Sure, going to court can be a pain. But do you think this is the first time these creeps have thrown something at a cyclist? Or a pedestrian? I doubt it, and it sure won't be the last if nobody makes them pay the price, because the lesson they will have learned is that there are no consequences to attacking cyclists or pedestrians, even if the police catch them.

CB HI

So if the cyclist had been less experienced than mister, and the passenger threw the ice at them, they did not brake like mister, got hit with the ice, lost control, hit their head on the curb putting them in a comma - would it have been just a minor incident? Would you then want the passenger prosecuted?
Why? After all, in both scenarios the passenger only threw a cup full of ice.
Maybe the more experienced cyclist should take the extra step of going to court to help protect the less capable cyclist.
I am not a newbie or noob, and I have prosecuted two motorist. Them having to go to court and being placed on probation gives them a new perspective. They already hate us, lets give them a reason not to commit assault a second time.

Rowan

January 2006.

So you have had this done to you? Had something thrown from a vehicle at you? People spit at you? Had a beer bottle or a full water bottle thrown at you? Had abuse hurled? If you haven't in 30 years of riding, then you must be one in a couple of hundred million riders.

And to the others... you are all dealing in "ifs" by saying "if they do it again get 'em charged" or "if it had happened to me..." The simple fact is that it is extremely unlikely that mister will ever see the vehicle again, or the occupants. As to teaching them a lesson -- the courts are already clogged with more serious misdemeanours and crimes, and it is extremely unlike this sort of case will get past the prosecution stage. The police have done their job, and good on them for it.

Honestly, how many times as riders have you had *something* happen to you (getting cut off, car moving over, someone throwing something at you(!) ), blowing their horn, yelling at you? Sheesh... I've lost count, and it has happened in every country I've ridden except France. I used to get really uptight about it.. yeah, report them to the cops, or if I see 'em, I'am going to teach them a lesson. Now, usually a curse and the finger satisfy my angst.

There *is* a lesson in mister's story here, and gwhalin put his finger on it, even though his post was an amateurish sarcastic reply to me... newbie commuters need to keep their attention on what is happening around them ALL THE TIME! Commuting, in fact, all forms of cycling is a serious business, but too many get in the zone, don't concentrate, enjoy the moment, and that is what leads to unsavoury things happening because they don't anticipate.

Rowan

I am sure you are totally pure in your life. And I am sure you enjoyed the experience of having them prosecuted. But you don't tell us for what. Throwing a cup of ice at you?

the beef

I don't get how the Bikeforums.net join date has any bearing on a person's wisdom.

Anyway, I'd press charges - it could be a hassle, yeah. I'd do it for the next guy they hit, though. It's a way to make an example out of them, and to make sure they never do something like this again.

SingingSabre 

I still think over exaggerating what they did, i.e. pressing charges rather than just citations, is whiney.

If they clipped you with their mirror, by all means press charges. But if they threw something at you which missed, just cite them.

Don't be a snivelling whiner, that's what Expedition drivers are for.