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View Poll Results: Would You Have Pressed For Charges To Be Filed?
Yes
29
96.67%
No
1
3.33%
Voters: 30. You may not vote on this poll

Would You Press Charges?

Old 05-26-19, 01:41 PM
  #26  
CliffordK
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Originally Posted by MoAlpha View Post
Egregious video and I'm glad they got the guy. Community service and a lengthy license suspension would be right.

The time this happened to me—run into a curb and beaten ineffectually by the four high school boys in the car—I didn't press charges. The police officer I told the story to ran the plates and had a name and address for the owner, but told me a. that if I couldn't ID anyone, which I couldn'it, was dark, the owner would claim they didn't know who was in the car and get off and b. that I would put myself at risk for harassment, vandalism, and further violence on the road. At the time, I was at the height of early career pressure, had half-time responsibility for a baby, and had safety concerns for my wife. For better or worse, I let it go
Each case is different.

In your case, it sounds like the kids knew you, or could recognize you.

I had an instance years ago when my car was parked on the street and the front quarter panel was smashed while it was parked.

I talked to the neighbor across the street and he claimed to not know anything about what happened to my car.

But, his pickup disappeared for a week or two, then when it came back, he started backing into his driveway rather than pulling in straight and backing out. And, his rear bumper matched my dent perfectly.

I just decided to let it go. The car was old, and I had to live across the street from the guy for as long as I lived there. And, of course, couldn't watch my house 24/7.

In the case mentioned by the OP, no damage, but a "stranger" that might or might not recognize/see the cyclist again. A little distance, and prosecution is easier.

And, there is always the idea of putting the fear of GOD into a person to hopefully straighten them out. But, one never really knows how they'll react.

What they believe to be a "Harmless Prank", and serious consequences could aggravate them more than it helps.
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Old 05-26-19, 02:41 PM
  #27  
MoAlpha
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Originally Posted by CliffordK View Post
Each case is different.

In your case, it sounds like the kids knew you, or could recognize you.
They were from a suburb on the other side of town, but they would have had no trouble finding me.
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Old 05-26-19, 04:34 PM
  #28  
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I saw a female rider die from some college kids cat calling from an RV as they swerved over and the passenger leaned out to grab her. She fell into the road landing on her head. I was in Washington state and we were heading toward crystal lake. I saw two students in a pickup truck cat calling at a girl on a bicycle ahead of me and the driver swerved over and she fell into the road. They took off of course. She was scrapped up and bruised and her bicycle was unusable. I personally new the driver of the pickup truck and when the police wouldn't cooperate I went to the dean of students where the boys were getting there education. He contacted there rich parents and her ER bills were taken care of. I have been married almost 35 years to this girl.
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Old 05-26-19, 05:03 PM
  #29  
genec
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Originally Posted by I-Like-To-Bike View Post
Jest about what - that charges are rarely, if ever brought against motorists who "buzz" cyclists when there is no contact? Do you think your report of an incident with contact and no charges somehow contradicts my alleged "jest"?
Nope. But that is also what I was saying all along. We are in agreement.
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Old 05-26-19, 10:04 PM
  #30  
MikeyMK
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If they were drunk, it's more likely to be an accident. Obviously i'd want them off the road, they have to be dealt with so they don't continue to do it, but for me it's not the same crime. Because driving drunk may be stupid and selfish, but does not constitute wanting to hurt someone. And crime for me is about the effect on others.

Cyclist, pedestrian, whoever - actively and deliberately using a car in such a way as to threaten harm, in order to physically intimidate someone, is the work of a vile person. And that is something that needs dealing with to a deeper degree. Because a vile person prepared to hurt someone is in that state 24/7.

That said, intention is a tricky field. No two circumstances or people are the same, nothing is ever how it looks. I'd have to be absolutely sure that someone needs stopping. But if i felt that rehabilitation was required, whatever type for whatever reason, then yes i'd absolutely push for that.
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Old 05-26-19, 10:46 PM
  #31  
bargainguy
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There doesn't have to be physical contact between the drivers, their vehicles and a defenseless cyclist for a crime to be committed. Simply pulling up alongside a cyclist at speed and trying to scare them by shouting or using an air horn would be a form of assault, and could be criminally liable. Me, I'm in favor of all motorists giving cyclists a wide berth to avoid such situations, and that's exactly what I do when I'm driving. Unfortunately, not everyone on the road thinks the same way.
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Old 05-26-19, 10:59 PM
  #32  
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In almost any jurisdiction, that would qualify as assault with a deadly weapon.
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Old 05-27-19, 12:13 AM
  #33  
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After they apologized, which could establish intent, and having the video, absolutely I would press charges.
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Old 05-27-19, 02:20 AM
  #34  
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Get the clown with his head out the window as well, for having a body part protruding from the vehicle.
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Old 05-27-19, 09:33 AM
  #35  
I-Like-To-Bike
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Originally Posted by wphamilton View Post
After they apologized, which could establish intent, and having the video, absolutely I would press charges.
How exactly would you "press charges"? Does that mean make a complaint to police or other government officials or something else?
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Old 05-27-19, 09:43 AM
  #36  
dynodonn
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Provided that I survived the incident, and had usable video evidence showing that it was intentional, I'd press charges.
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Old 05-27-19, 10:31 AM
  #37  
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Originally Posted by I-Like-To-Bike View Post
How exactly would you "press charges"? Does that mean make a complaint to police or other government officials or something else?
Apparently the prosecutorial decision was based on the victim's agreement to pursue it. I would let the DA know that I was willing to engage in the prosecution. Otherwise, a citizen CAN drive the process by presenting a complaint to the DA.
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Old 05-28-19, 08:53 AM
  #38  
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I had this same situation happen last summer. I was riding in the OL when I heard a car coming up. Instinctively moved over farther to the right just in time as they swerved into the OL. They missed the end of the handlebars by a few inches. The passenger also yelled something indiscernible as they drove by. It is kind of uncanny how closely the video posted looked like my event. I didn't think about even contacting the police. I have no cameras and it happened so quickly I would not have been able to provide a description of the vehicle let alone the occupants. Had I mounted a camera and was able to identify the car, then I might have been more inclined to contact the Sheriffs (I was actually in the jurisdiction where I know one of the deputies). I guess I would have to see their response if I was going to press charges.

Last edited by bikecrate; 05-28-19 at 08:56 AM.
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Old 05-28-19, 09:09 AM
  #39  
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anybody know the camera setup? it did a nice job recording the perp coming & going
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Old 05-28-19, 09:16 AM
  #40  
CliffordK
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At minimum, they could be charged with seatbelt infractions, reckless driving, leaving lane without signalling, etc.
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Old 05-28-19, 10:16 AM
  #41  
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Originally Posted by rumrunn6 View Post
anybody know the camera setup? it did a nice job recording the perp coming & going
Cycliq.

-mr. bill

Last edited by mr_bill; 05-30-19 at 07:56 AM. Reason: speeling
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Old 05-28-19, 02:27 PM
  #42  
TimothyH
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Individuals don't "Press charges."

Individuals only report crimes.

Only a municipal, state or federal attorney can decide to charge someone. This is done through a formal document, hearing or grand jury.

The decision of the attorney to charge someone is based on evidence provided by individuals and the police but neither an individual or the police ever "Press charges."

If someone intentionally hits you with a car then you need to report the crime. The motorist has just turned their transportation into a weapon. They need to be arrested and taken off the road ASAP.


-Tim-

Last edited by TimothyH; 05-28-19 at 02:33 PM.
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Old 05-29-19, 10:04 AM
  #43  
livedarklions
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Originally Posted by TimothyH View Post
Individuals don't "Press charges."

Individuals only report crimes.

Only a municipal, state or federal attorney can decide to charge someone. This is done through a formal document, hearing or grand jury.

The decision of the attorney to charge someone is based on evidence provided by individuals and the police but neither an individual or the police ever "Press charges."

If someone intentionally hits you with a car then you need to report the crime. The motorist has just turned their transportation into a weapon. They need to be arrested and taken off the road ASAP.


-Tim-
It's an informal term that, at least where I practice, cops use a lot. It's short-hand for "the victim does/does not want us to pursue this". Legally, that isn't supposed to make a difference, but in the real world, where cops have a lot of discretion on what they do or don't follow up on, it's a real factor.

Prosecutors often follow the victim's lead on whether to keep going with the case, they just generally refer to it as "go forward" rather than "press charges". This kind of jargon will vary from place to place.
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Old 05-29-19, 02:20 PM
  #44  
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Originally Posted by rumrunn6 View Post
anybody know the camera setup? it did a nice job recording the perp coming & going
The (written) news report says it was a Cycliq.
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Old 05-29-19, 07:29 PM
  #45  
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I would press charges. If the driver intentionally clips me then what is he doing to others behind the wheel.
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