View Single Post
Old 08-28-19, 03:35 PM
  #23  
Unca_Sam
The dropped
 
Unca_Sam's Avatar
 
Join Date: Oct 2018
Location: Columbus, OH
Posts: 2,144

Bikes: Pake C'Mute Touring/Commuter Build, 1989 Kona Cinder Cone, 1995 Trek 5200, 1973 Raleigh Super Course FG, 1960/61 Montgomery Ward Hawthorne "thrift" 3 speed, by Hercules (sold) : 1966 Schwinn Deluxe Racer (sold)

Mentioned: 10 Post(s)
Tagged: 0 Thread(s)
Quoted: 1739 Post(s)
Liked 1,014 Times in 696 Posts
Did you hear a "clang-clang??"

Everything is fine and dandy when you deal with hypothetical situations. You have clear video evidence of a motorist operating a motor vehicle in violation of traffic laws, which is clear and convincing and leaves out no context. You show that your version of events hews closest to the video presented to the court. The video can be shown to be uncut and unedited. All for a $150 ticket for reckless operation and some points on a license.

Unfortunately, due to the presumption of innocence (key here), the amount of work required to demonstrate that an individual committed a traffic infraction beyond a reasonable doubt with no observing public safety officer (who are trained to provide testimony that can withstand cross-examination) is simply not worth the police or investigator's time. True, this could happen in an idyllic burgh where the police are looking for things to investigate, but any place where crimes involving injury to persons or loss of property take place will preferentially investigate and prosecute those crimes over a traffic infraction any day of the week. The populace would demand no less. This is why threatening someone can land you in jail for a month, while operating a vehicle recklessly will result in just a fine and a potentially restricted license.

While hitting someone in the pocketbook might make a dent in the problem, the true issue and best resolution lies with education. We're usually taught specific rules and penalties regarding driving while intoxicated and stopped school buses, but there's never a mention about what to do about bicycles or other slow traffic. In Ohio, you are allowed to cross a double yellow to pass if a vehicle is moving less than half the posted limit (obviously some wiggle room there). That covers tractors, carriages/buggys, and us pedalcycle users. I can understand a driver in a hurry being frustrated if they don't understand the law. They're important and have somewhere to be! Now I have to crawl along behind this selfish cyclist using the whole road when he can use the shoulder and let me through...

Unless we earn a special protected status on streets and roads with a splashy fine or penalty, a prosecutor won't look at it unless a cop wrote the ticket and will be the star witness. Ugly but true.
Unca_Sam is offline