calamarichris

Today on my ride, I observed a rider spit on a vehicle. (Not entirely undeserved IMO as the driver was violating several laws and endangering multiple cyclists and even motorists.) Fortunately the driver was too distracted by his texting conversation to notice this heinous act.
I know that spitting on a person is assault, but cannot find anything in the CVC about spitting on a vehicle. Surely this is a violation. Anyone know anything about it?

Ride safe out there. Summer's a comin'.

ZippyThePinhead

It is apparently chargeable as an assault.

jimxyz

I wouldn't be surprised if that is true - but CA Penal Code Section 240 seems to only apply to assault on a person, not a vehicle. Maybe its considered vandalism? I have thought about doing it myself a few times.

BigJeff

Same as a drive by shooting.... i"ll look up the code.

TrojanHorse

"or something closely connected to the person"

Steer clear, I guess. Wtf is wrong these days, yikes.

hamster

Spitting on a vehicle on a public road most likely qualifies as "public nuisance" (misdemeanor, section 372 of the penal code).

There is a court of appeals case dated 2006 that deals with the question whether it is illegal in California to urinate in an empty parking lot with no witnesses. It found that urinating in a public place does not constitute dumping, littering, or the release of injurious or nauseous substances in places of public assembly, but it does constitute a public nuisance. Essentially the same logic would apply to spitting.

There used to be an explicit ban on spitting in the penal code, I can't figure out what happened to it, there's one internet source that claims that it's been repealed in 1984.(???)

TommyBing

A real rogue rider that used to be in our group actually spit on a woman and a very young (and completely innocent) child after our group was harassed by a couple in a convertible for several miles in the middle of nowhere on road with zero traffic. (Feigned swerves toward our four-man group, horn honking, shouting, cursing.) We were all silent, scared, and confused. This was on a dead straight and flat road in the middle of Wyoming scrub land desert nowhere. The couple was having a bad day, a bad week, or a more likely just a bad life. We slowed to 10mph, then 5mph, and they did, too.

While going 3mph +/-, almost a standstill, the woman passenger opened her door and hit the leg of the rider leading our group, it really freaked him (and us) out. It sent him over the edge with rage. He grabbed onto the car and started spitting into it. (Which I completely supported, do support, and wish it was rocks instead of spit.)

The couple sped off at 75mph+ and were gone in an instant.

25 km later (this is on Wyoming 213, just west of the Nebraska line, heading south towards Pine Bluffs and I-80) the car was stopped on the side of the road with TWO of Wyoming's finest state troopers.

The cops were extremely aggressive, not interested in dialogue, and manhandled our friend, who stupidly tried headbutting the arresting officer. This was an extremely expensive decision, as he had to post a large bond, and since he didn't live in Wyoming, he had to pay for travel to his court date, and he ended up serving 15 days in the county jail, and according to his lawyer, could have been far, far worse for him.

Although I supported his decision to spit on those trashy redneck losers and their child, who will inevitably become a trashy redneck loser like her parents, that experience chilled me out to idiots more than anything else in my life.

And thankfully I now live in Kentucky, with a concealed carry permit and a .25 ACP in my frame bag, and anyone who puts my life in danger is going to go down hard, and that gives me a piece of mind that I never had before.

009jim

Your friend did the right thing. In this world sometimes it's a bad outcome whichever choice you make. If he hadn't done the spitting you all could have been killed by these dead****s. You all should thank your friend for taking the fall for the group.

CommuteCommando

I dislike spitters in general. I get why that have such a hard line on it in Singapore, especially since I had a near miss by some pig leaving a wad on the sidewalk missing my foot by less than a foot.

Astrozombie

^^^ That was great until the part about trying to headbutt a PO........if not for that he may have gotten off with nothing. (With a good lawyer) Should have come to a complete stop and just waited awkwardly to see what they do........lol

10 Wheels

I had a bird poop on my car...

TrojanHorse

I think the Singaporean ban stems from Taiwan... go there and see what they do to the sidewalks. For some reason they like chewing on a betel nut (sp?) and the spit actually stains the sidewalks a nasty color. It'd be about like spitting chewing tobacco where ever you please.

Pamestique 

2 wrongs don't make a right... the person spitting was acting improperly and doesn't matter because the textor was unaware; no point was made. We as cyclist get a bad rap because of this behavior. I see no problem with rapping on a car window and telling the person not to text. Better yet, Jot down the license number and report it to the police. Just don't act nasty... doesn't serve any purpose.

calamarichris

Have you done this before? What was done? Because I've got dozens of pictures of people texting or talking on phones while driving. At least two dozen, and most with the license plates.

mtrider05

I would imagine nothing would happen, what would the police even do? Show up to your door with a report saying you were texting? Surely they have better things to do, and I for one don't want them wasting time with something as trivial as that. At most they put a notation on their computer regarding your license number (is that even possible?)

peckma

the analogy seems to be that of bringing a knife to a gun fight.....better to live another day than provoke someone into ending your day prematurely, or your life.

Nachoman

I would assume that whatever the potential crime is for spitting on someone's personal property, that it never is actually successfully prosecuted in court.

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edit: lol I can only imagine the low level prosecutor that gets assigned the unlawful spitting on property case.

Angio Graham

I agree with this.

Pamestique 

Actually I have but am lucky enough to have a police department that cares enough to act and follow through (Irvine City). Can't or won't say if it will work in other cities but its the right thing to do. I reported a man I followed for 2 miles weaving in and out of the bike lane, clueless. The man was ticketed. I also reported as a witness, seeing a motorist almost hit a cyclist because he ran a stop sign. He was ticketed as well. Some of the others, I don't know what happened.

edited to add: since I know you are wndering how i knew the motorist were ticketed... I was subpoenad to appear as a witness in traffic court. I gave my testimony before the judge. The driver that was texting was fined and the motorist in the other case did some sort of plead.

calamarichris

THANK YOU Pammy! That is exactly the solution I wasn't aware I was seeking. I will be sure to include all my contact info, pertaining photos, and willingness to testify when reporting these violations.
I confess I have left DNA samples on two vehicles this year, both at stoplights after near-death close-calls inside the bike lane, and one was after Eric Ringdahl was killed less than half a mile down the street from me. I'm shaking, pumped full of adrenaline, shouting obscenities, flipping birds, hawking-spitting... and both drivers were too busy toggling eyes between their texting and the traffic signal to even notice my dna on their passenger windows. From now on, I'll try to keep my hands from shaking long enough to get my camera out.

I didn't say anything to the spitting rider on Sunday, but I shared in his shame. What a relief to know that there is a legal (and civil) solution! Thank you again Pam.

GP

Texting while driving was probably the crime of the day in Irvine. It gave them a break from the cat in a tree calls and people that locked their keys in the car calls.

calamarichris

Carlsbad is pretty much ClubMed for Cops too. I think the last blue-collar crime here happened in the 70's. I've gotten a speeding ticket for going 39 in a 35 zone, and Officer Shipley came to traffic court to see that it was enforced.
We ain't like Oceanside, where one of them gets shot once in a while.

JTGraphics

You'd be better off giving the vehicle a partial wash with your water bottle.

hamster

I think that more than half of all crime in Carlsbad happens either in the northwest corner, west of I-5 and north of Tamarack, and in the mall on the south side of the 78. But things happen elsewhere too.

Pamestique 

Funny but true. Those of us who ride through Irvine and use their trails and bike lanes, know the cops there are really "traffic watchers" and will ticket motorist and cyclists both. They love giving out those tickets! I know got one many years ago for rolling through a stop sign in a residential neighborhood. Oh well, might as well use their ticket writing to an advantage.

Chris - I understand being so mad and angry and wanting to spit, slap or do worse some stupid motorist... I almost hate road riding anymore because of the incredible lack of attention I see out there. I may not make a dent in what is actually happening but at least I caused pain to two motorists. Spit can be washed off. A $750 ticket for texting (add up all the penalties) truly hurts. If we cyclists did this more, maybe people will stop...