Old 04-27-08 | 05:25 PM
  #15  
Blue Order
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Joined: May 2005
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Originally Posted by Rex G
I would advise against unreasonable action against a motorist, with "unreasonable" meaning anything a grand jury or trial jury would figure a "reasonable man" would not do. This "reasonable man" standard is well-covered in legal circles; look it up. Keep in mind that grand jurors and trial jurors these days are not likely to be avid cyclists, but are very likely to be motorists.

Retaliatory damage to a vehicle is very difficult to justify, and if the near-miss or close call is over, even by a second or two, any damage inflicted is indeed retaliatory, not defensive. I am not a lawyer, but do wear a badge, so this is not legal advice. If I ever see a motorist using a vehicle as a weapon against a cyclist, or anyone else for that matter, I will try to get the DA's office to accept a charge of Aggravated Assault against the driver. Admittedly, that can be an uphill battle. When motorists run us (police) down, it is very difficult to get the DA to prosecute, unless the driver is legally drunk. And, even if the felony charge is filed, an acquittal is common, sadly.
Your legal points, though not "advice," are spot on.

I'm curious-- why is it such an uphill battle to get the D.A.'s office to prosecute on appropriate charges? I mean, I understand that their hands are often bound by the requirement to show something like recklessness, or intent, but I would think if somebody is using their vehicle as a weapon, intent has been demonstrated. Any insights from your experiences in talking with prosecutors?
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