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Road Cycling “It is by riding a bicycle that you learn the contours of a country best, since you have to sweat up the hills and coast down them. Thus you remember them as they actually are, while in a motor car only a high hill impresses you, and you have no such accurate remembrance of country you have driven through as you gain by riding a bicycle.” -- Ernest Hemingway

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Old 07-04-09, 11:27 PM
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Originally Posted by nixternal
Most states do not allow personal video to be allowed as evidence into a court room unfortunately.
You may have to testify to get it into evidence.
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Old 07-05-09, 01:36 AM
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Originally Posted by BLACK BIKE
Or you could cut his brake lines.
And have him run into things...like cyclists...
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Old 07-05-09, 03:05 AM
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Originally Posted by obra3
So there's a jerk driver that's well known around here. He's even been convicted of harassing cyclists.

He's been continuing to harass and buzz riders. When law enforcement talks to him, he denies that he drove close to them.

Yesterday the wife and I were riding single file, as far to the right as practicable. We hear a horn and the guy coming up on us and he's not passing. (Of course- he ends up being the one holding up traffic) No oncoming traffic. Then he drives about a foot away from us. The cars following then give us plenty of room.

Funny thing. I just happened to be testing new equipment-

that happened to be turned on-

that happened to be recording-

That piece of equipment happened to be a VholdR facing rearwards. (CDR- going to be used for a picture in picture for some crits)



That video is now going to the DA's office with a nice little note.

This is awesome! you need to make a little movie file, load it up on Youtube or here. The guy needs to be embarrassed. Put his face on the internet!
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Old 07-05-09, 08:25 AM
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Originally Posted by nixternal
Most states do not allow personal video to be allowed as evidence into a court room unfortunately.
Where did you pick up this piece of misinformation?
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Old 07-05-09, 08:29 AM
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^^^^

Im not American but that's what I thought, you're allowed to record things in public yes?
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Old 07-05-09, 08:57 AM
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Originally Posted by nixternal
Most states do not allow personal video to be allowed as evidence into a court room unfortunately.
That is what I have usually heard, however I recently read a story about a news photographer who was also an avid cyclist, who got fed up with being buzzed, so he attached video cameras (one facing forward, and one facing back), and got video of it happening, resulting in cops not only warning offenders, but in one case a ticket was issued.
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Old 07-05-09, 09:05 AM
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Outstanding. By providing evidence, the cops and DA's hands are forced. They have to do something.
THis is very much like the drunk driver that was let off with a warning, then is involved in an accident and the newspapers ask why wasn't the individual stopped the first time they knew. I will be very surprised if the DA does not take some action that will cost the individual money. I would NOT do anything to harrass this person because it will look like you've got an ongoing personal feud with them and will let them off the hook. You've got the SOB right where you want them, now squeeze using the police and DA's office.
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Old 07-05-09, 11:57 AM
  #33  
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Originally Posted by gabdy
^^^^

Im not American but that's what I thought, you're allowed to record things in public yes?
I hope so -- it seems like almost everyone takes pictures and video nowadays.
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Old 07-05-09, 03:14 PM
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Old 07-05-09, 04:27 PM
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nail him!!!
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Old 07-05-09, 04:55 PM
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Originally Posted by Shimagnolo
That is what I have usually heard, however I recently read a story about a news photographer who was also an avid cyclist, who got fed up with being buzzed, so he attached video cameras (one facing forward, and one facing back), and got video of it happening, resulting in cops not only warning offenders, but in one case a ticket was issued.
Sounds like you are talking about this guy... YouTube Link

Freaking awesome job OP. I'm with others, I want to see that video you shot.
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Old 07-05-09, 05:03 PM
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Talk to a lawyer ASAP.

I know of a cycling attorney who has used video evidence of harassment to sue drivers in civil court. In one case, he won a judgment of $25,000 against a driver...and he successfully collected it from the driver's insurance company.
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Old 07-05-09, 05:30 PM
  #38  
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Originally Posted by SSP
and he successfully collected it from the driver's insurance company.
Wouldn't that be his FORMER insurance company. He'll get dropped worse that I do ona Sunday group ride.
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Old 07-05-09, 06:48 PM
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Originally Posted by nixternal
Most states do not allow personal video to be allowed as evidence into a court room unfortunately.
What's your source for this. It's certainly not true in any state where I've lived.
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Old 07-05-09, 09:40 PM
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Originally Posted by SilverSurfR
Sounds like you are talking about this guy... YouTube Link

Freaking awesome job OP. I'm with others, I want to see that video you shot.
I believe that guy's a BFer. IIRC he posted a thread last winter or a couple of winters ago about his encounter with a snow plow.
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Old 07-05-09, 10:15 PM
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Let's hope we can chalk one up for the little guy!
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Old 07-05-09, 10:25 PM
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I'll definitely post it after I talk with the DA. Don't want any spoilation. Kinda funny that the wife and I are both lawyers. Whoops.
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Old 07-05-09, 10:34 PM
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You people need to quit passing around made-up legal advice based on "I think I once heard from someone, if I remember right, that..."
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Old 07-05-09, 10:45 PM
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What sucks is we won't be able to use ORS 811.065. (Unsafe passing of person operating bicycle)- less than 35 mph.

But we should be able to use 811.410 (unsafe passing)

(a) The driver of a vehicle that is overtaking any other vehicle proceeding in the same direction shall pass to the left of the other vehicle at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
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Old 07-05-09, 10:46 PM
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Originally Posted by CaseLawZ28
You people need to quit passing around made-up legal advice based on "I think I once heard from someone, if I remember right, that..."
You should see the bikeforums medical advice that gets passed around.
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Old 07-05-09, 10:47 PM
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Originally Posted by obra3
What sucks is we won't be able to use ORS 811.065. (Unsafe passing of person operating bicycle)- less than 35 mph.

But we should be able to use 811.410 (unsafe passing)

(a) The driver of a vehicle that is overtaking any other vehicle proceeding in the same direction shall pass to the left of the other vehicle at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
Hopefully, the video can show how closely he passed.
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Old 07-05-09, 11:53 PM
  #47  
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Originally Posted by obra3
I'll definitely post it after I talk with the DA. Don't want any spoilation. Kinda funny that the wife and I are both lawyers. Whoops.
Who says there's no justice in the world?

This level of harassment is dangerous. If anyone slips or there's any kind of failure, it all ends in tragedy. But, truth be told, most motorists are quite decent. But it's still nice to see this sort get their due.
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Old 07-06-09, 07:38 AM
  #48  
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Originally Posted by SSP
Talk to a lawyer ASAP.

I know of a cycling attorney who has used video evidence of harassment to sue drivers in civil court. In one case, he won a judgment of $25,000 against a driver...and he successfully collected it from the driver's insurance company.
Good call. Sounds like infliction of emotional distress or assault.
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Old 07-06-09, 08:28 AM
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Originally Posted by obra3
I'll definitely post it after I talk with the DA. Don't want any spoilation.
I think you mean 'spoliation.' How would you spoliate evidence by posting it online? That's rather the opposite of deliberate concealment or destruction.

Are you really a lawyer?
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Old 07-06-09, 09:40 AM
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Originally Posted by H1449-6
I think you mean 'spoliation.' How would you spoliate evidence by posting it online? That's rather the opposite of deliberate concealment or destruction.

Are you really a lawyer?
Objection: argumentative.
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