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Old 06-02-08, 11:33 PM
Shameless Fred
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Join Date: Jun 2007
Location: San Jose
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Bikes: 07' Trek 2100 / 05' Trek Fuel 80

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Originally Posted by BottleRocket View Post
So my questions are: If I had been able to flag down a CHP and given them the description of the vehicle and license plate number, what would they do with it in this situation? Pulled the driver over and given him a warning? Would it go on the drivers record? Would law enforcement care or give me the "We'll see what we can do" treatment.
You would get " Okay, I'll put it out on the radio". Meaning.. even if we found the guy, what just happened was an unsafe pass. An infraction, it could have resulted in negligent homicide, but it didn't and therefore you only have an infraction. A misdemeanor not commited in the presence of an officer is the same as it not happening at all.

Best case: You make a citizens arrest. Detain driver and vehicle. Flag down ANY law enforcement person. Hand over your arrestee to them. At this point they have to take them. BUT the catch is, once they receive custody of your arrestee they can use their own judgement (again infraction/misdemeanor) and just let the dumbass go.

Worst case: The dirtbag in the Beemer has a lawyer on speed dial and he sets up to file a lawsuit for an unlawful detention. In this case you'll be up the creek. You'll end up in court spending time and money. Not really worth it if you ask me.

I'm glad he missed you, and it sucks that even if you did give his plate to the cops that they wouldn't do anything. In the end, for an event like this, unless the cops see it.. Its a "He Said" "He Said". This would be the same as the police stopping you on your ride and reading you the riot act because you match the description of a "Guy on a bike who blew a stop sign and caused panic in some old lady".

As far as memorizing plates.. I do it a lot, mostly just to keep my mind occupied when I'm starting to struggle, but I also realized the other day, that if I can see the plate.. the car is infront of me, and I can see it.. its the one you can't see that is the trouble.
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