Originally Posted by
Kerlenbach
1. Yes, he is likely to be convicted. Actually, he is likely to plea bargain, because that's how most cases are resolved. A person can be convicted based on a single witness' testimony, and it sounds like you have at least one or two others who will back up your story. Also, it is not legal to attack someone because they called you a bad name.
2. Hate crime laws usually apply to felonies, and this guy is charged with a misdemeanor. It might be different where you live.
3. If he is convicted, the judge certainly will order restitution for your helmet. Whether and when the guy will pay it is another question. Save the receipt when you buy a new one to show the judge how much you spent.
Nice analysis.
Remember though the matter of compensation for the bike helmet is a civil matter and not a criminal matter. I think that there is no dispute that the driver caused the damage to the helmet. So he is liable for restitution. Getting restitution could be done by providing information to the driver for the cost of replacement. If the driver fails to pay up, he could be taken to small claims court. Small claims court is a bit of a hassle. But it is easy to file and the people at the court will help. I have done it once. It can be fun to drag someone in and make them pay up what is due you. Also, since this guy is clearly liable for the helmet, he is responsible for the court costs too. Now, that is how Florida works. I don't know if all states are the same way but I bet they are.