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View Poll Results: Would You Have Pressed For Charges To Be Filed?
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Would You Press Charges?

Old 05-25-19, 04:38 AM
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Would You Press Charges?

If intentionally clipped by a passing vehicle, would you press charges? https://whotv.com/2019/05/24/caught-...ear-indianola/

A couple of things come to mind; I don't think I could be so forgiving, and why would charges being filed against the driver, be up to the victim.
This could have been a deadly act, with an inch difference in judgement by the driver.
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Old 05-25-19, 05:40 AM
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If intentionally clipped, and there was some way to prove it... sure... why let jerks drive around.

The problem is proving that it was intentional... anyone so accused will simply say "oh, I didn't see you..." and that excuse of poor driving behavior will generally accepted by authorities.
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Old 05-25-19, 05:45 AM
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Be interesting to see if police respond to this news broadcast, and in what manner.
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Old 05-25-19, 06:04 AM
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Would You Press Charges?
Originally Posted by 02Giant View Post
If intentionally clipped by a passing vehicle, would you press charges? https://whotv.com/2019/05/24/caught-...ear-indianola/

A couple of things come to mind; I don't think I could be so forgiving, and why would charges being filed against the driver, be up to the victim.

This could have been a deadly act, with an inch difference in judgement by the driver.
Originally Posted by genec View Post
Be interesting to see if police respond to this news broadcast, and in what manner.
I have had the experience of being hit-and-run, presumably not intentionally, but by a distracted (?inebriated) driver. The police filed charges.
Originally Posted by Jim from Boston View Post
… I was also in a cycling accident three years ago, that kept me off work for three months and off the bike for five. I have pretty much recovered to a new normal, and work and family life are pretty comparable to as before.

I did have a lot of support in recovery, especially from my wife. I was particularly made aware of the toll it took on her when she gave a witness impact statement at the sentencing of the driver
Originally Posted by Jim from Boston View Post
…Sometime afterwards I went to the Police Station to recover my bike, still impounded as evidence, but they gave me photographs.




The police were great, and their report at the subsequent trial was spot on and particularly noted my details for visibility, including lights and high vis vest. The driver got a year in jail.

Last edited by Jim from Boston; 05-25-19 at 06:08 AM.
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Old 05-25-19, 06:24 AM
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Originally Posted by Jim from Boston View Post
Would You Press Charges?I have had the experience of being hit-and-run, presumably not intentionally, but by a distracted (?inebriated) driver. The police filed charges.
The detectable use of alcohol makes all the difference... Generally there seems to be a trend of at least filing charges against those who drink and drive. (of course some judges then release the offender with a slap on the hand... but that's a different thread)

Pressing charges against someone "buzzing" is a different story... even in states with 3 foot laws. Charges against motorists for such offenses are rare. That's why I say this is interesting... some DA is gonna have to believe that they can prosecute before this is going forward... The defense, sadly... "where was the camera... how do we know the car was close... anyone can rub a hole their gloves..." This stuff is just difficult to prove... thus too easy to beat. Now a camera or witness on a different vehicle... that would make a huge difference.
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Old 05-25-19, 06:43 AM
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SO GLAD THIS WAS POSTED
I was furious when I saw this report and video last night!! Ironically I'll be biking close to this area today. ABSOLUTELY I would have pressed charges. I'm kind of dumbfounded that an apology got these punks off the hook.

For those that didn't see the report - a car approaches from behind the cyclist. The cyclist was on the paved shoulder, with a rumble strip separating the road from shoulder. A passenger leans out of the window as the car passes over the rumble strip and glances the cyclists hand as the passenger screams out "whoo!".

The police were able to get a plate number from the cyclists video and talked to the driver. Then, the driver and his father went to make an apology, after which the cyclist declined to press charges.

I would've pressed charges, I mean they were literally a half inch from clipping his bars and causing a crash. I'm sure we'll see these a-aholes again a few years into their college life where they kill someone.


Originally Posted by genec View Post
If intentionally clipped, and there was some way to prove it... sure... why let jerks drive around.

The problem is proving that it was intentional... anyone so accused will simply say "oh, I didn't see you..." and that excuse of poor driving behavior will generally accepted by authorities.
Did you not watch this video!?
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Old 05-25-19, 06:51 AM
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There doesn't appear to be significant harm done, so I don't think I'd press for a lengthy prison term.

FINE?

Send both the driver & passenger to driver's training, & community service?

Forfeit driver's license for a period? A month? A year?

For hit & run, it might be difficult to prove intoxication. However, in the states where POT is legal, and even in the states where it isn't, that is one thing that could be tested for even after a significant delay, although it could be more difficult to prove that the driver was actually driving under the influence.
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Old 05-25-19, 06:55 AM
  #8  
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Originally Posted by Jim from Boston View Post
Would You Press Charges?

I have had the experience of being hit-and-run, presumably not intentionally, but by a distracted (?inebriated) driver. The police filed charges.
Originally Posted by genec View Post
The detectable use of alcohol makes all the difference... Generally there seems to be a trend of at least filing charges against those who drink and drive. (of course some judges then release the offender with a slap on the hand... but that's a different thread)

Pressing charges against someone "buzzing" is a different story... even in states with 3 foot laws. Charges against motorists for such offenses are rare. That's why I say this is interesting... some DA is gonna have to believe that they can prosecute before this is going forward...
Originally Posted by GrainBrain View Post
SO GLAD THIS WAS POSTED

I was furious when I saw this report and video last night!!...

I would've pressed charges, I mean they were literally a half inch from clipping his bars and causing a crash. I'm sure we'll see these a-aholes again a few years into their college life where they kill someone....

Did you not watch this video!?
Thanks for your reply, @genec. Frankly I was unable to view the video.

In my case, the driver had apparently sobered up when he turned himself in the next morning. But as one who has been through the seemingly rare outcome of going to trial, as you note, I wanted to present my FWIW, "good" outcome.

Last edited by Jim from Boston; 05-25-19 at 07:00 AM. Reason: added quote by GrainBrain
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Old 05-25-19, 07:16 AM
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Originally Posted by GrainBrain View Post
SO GLAD THIS WAS POSTED
I was furious when I saw this report and video last night!! Ironically I'll be biking close to this area today. ABSOLUTELY I would have pressed charges. I'm kind of dumbfounded that an apology got these punks off the hook.

For those that didn't see the report - a car approaches from behind the cyclist. The cyclist was on the paved shoulder, with a rumble strip separating the road from shoulder. A passenger leans out of the window as the car passes over the rumble strip and glances the cyclists hand as the passenger screams out "whoo!".

The police were able to get a plate number from the cyclists video and talked to the driver. Then, the driver and his father went to make an apology, after which the cyclist declined to press charges.

I would've pressed charges, I mean they were literally a half inch from clipping his bars and causing a crash. I'm sure we'll see these a-aholes again a few years into their college life where they kill someone.




Did you not watch this video!?
Oh yeah, I watched it.

But a good defense attorney will pose those very questions... "so the car swerves..." maybe the driver is avoiding a dog, and the passenger is making sure the cyclist ISN'T hit."

We live in a society of "if the glove don't fit..." and "fake news..."

The cyclist will have to prove the location of the camera on the bike at the time, and "CSI" will have to find glove residue on the car before something even as blatant as this is "indefensible" in court.

Oh I would find the motorist guilty as heck... but you'll find most of the jurists drove to court that day... as did the judge and both attorneys.
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Old 05-25-19, 07:38 AM
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There are several copies of the video on the web.

If the OP's link doesn't work, try this one.

https://www.msn.com/en-us/autos/news...ive/vi-AABRYq1
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Old 05-25-19, 07:58 AM
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If I'm reasonably certain the act was intentional, I'd definitely push the prosecutor to file charges. You won't get the motorist culture to change until you start making an example of people.
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Old 05-25-19, 10:00 AM
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Originally Posted by genec View Post
Pressing charges against someone "buzzing" is a different story... even in states with 3 foot laws. Charges against motorists for such offenses are rare.
I suspect that legal charges (not to be confused with accusations by offended bicyclists) for "buzzing" are so rare as to be close to non-existent if no collision was involved, with or without a video recording. Anyone know of any evidence or stats one way or the other?
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Old 05-25-19, 11:37 AM
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Yeah, I absolutely press charges. Apology? Pfff! That's not gonna cut it. There needs to be serious consequence for doing $h1t like this.
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Old 05-25-19, 02:06 PM
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I didn't know victims needed to press assault charges.
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Old 05-25-19, 02:13 PM
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Originally Posted by Paul Barnard View Post
I didn't know victims needed to press assault charges.
The colloquial phrase "press charges" is a misstatement since civilians can't file charges; only district attorneys can. However, the cops and/or prosecuting attorney will sometimes take the victim's wishes into account.
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Old 05-25-19, 02:14 PM
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I'm in two minds on this one.

The cyclist in me says 'charges' all the way. No Mercy.

The ex-HS teacher in me says 'no charges' in this circumstance with the parent coming with the kid.

Kids are stupid. They mostly grow out of it. We've all done dumb stuff of one kind or another.
Strong parents are worth backing. If a parent drags a kid 'by the ear' for an apology (and presumably a telling off), then that often carries more weight with the kid than anything the cops or a court can do. Not doing it again it the desired outcome - that doesn't have to mean courts and any formal punishment.

It would depend on what the parent was like and what they said, but it's entirely possible that I'd give a second chance.
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Old 05-25-19, 02:26 PM
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Originally Posted by Paul Barnard View Post
I didn't know victims needed to press assault charges.
I think in general the police will heed the victim's wishes.

Can the victim be compelled to testify?

Certainly adult domestic abuse cases get complicated when taking into consideration the victim's wishes.

It would only be the juvenile domestic abuse cases that might be able to progress without consent.

Or, of course, in cases of death or disability in which the victim is unable to choose.

Keep in mind, in this case, the only damage is apparently a pair of torn bike gloves.
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Old 05-25-19, 02:32 PM
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Originally Posted by JonnyHK View Post
Kids are stupid. They mostly grow out of it. We've all done dumb stuff of one kind or another.
As I mentioned above, I'd choose a solution that causes some discomfort such as remedial driver's ed, and community service (for both kids). Revoke the driver's license for a reasonable amount of time?

But, not press for any kind of felony charges or prison time.

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Old 05-25-19, 02:50 PM
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Originally Posted by I-Like-To-Bike View Post
I suspect that legal charges (not to be confused with accusations by offended bicyclists) for "buzzing" are so rare as to be close to non-existent if no collision was involved, with or without a video recording. Anyone know of any evidence or stats one way or the other?
Surely you jest... hell, motorists are getting away with hitting cyclists...
https://www.tampabay.com/features/hu...iating/2318743

Alan Snel, one of Florida's most well-known advocates for bicycling and safety, is recovering from his injuries after a motorist hit him from behind while he was riding his bike March 7.

And he's furious that the motorist who hit him, 65-year-old Dennis Brophy of Fort Pierce, didn't even get a traffic ticket.

According to the St. Lucie County Sheriff's Office crash report, Brophy was in the process of inhaling "a breathing treatment" when he drove his car into the back of Snel's bicycle on Old Dixie Highway near Fort Pierce shortly after 8 a.m.
Like I said... good luck with such a charge... just ain't gonna happen.
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Old 05-25-19, 08:21 PM
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the driver and his father showed up to Carpenter’s business in Indianola and apologized in person.
I suspect the cyclist did not press for charges, because he knows the father of the driver is punishing the stupid kid and friend far more than some court would.

Without such a promise from a father, I would push for the harshest punishment the law would allow. And I would prepare the case for the prosecutor to the maximum extent possible.
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Old 05-25-19, 08:26 PM
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Originally Posted by genec View Post
Surely you jest... hell, motorists are getting away with hitting cyclists...
https://www.tampabay.com/features/hu...iating/2318743
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"?
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Old 05-25-19, 08:30 PM
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Having seen the video and where the driver positioned the car, I cannot imagine NOT pressing charges. Press charges and let the kid and father tell it to the judge. Maybe the actual sentence or fine would be lenient, but the process itself would be no fun.

That must have been some impressive apology.
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Old 05-25-19, 10:47 PM
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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"?
I agree. Charges are rarely brought against motorist even when there is contact with a cyclist.
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Old 05-26-19, 05:24 AM
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I'd be pressing charges, then burning his car, and maybe his house too. That was attempted manslaughter (2nd or 3rd degree murder??).
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Old 05-26-19, 07:54 AM
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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
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