Need advice...
 

Not too long ago on a ride at a local park (Stone Mountain), I had an unpleasant encounter with a car. I was passing another cyclist on his left, and was at the same time passed by a car in the next lane over (to my left). As I finished passing the other cyclist, the car began to turn across my lane in an attempt to turn into a parking lot on the right of all of us. The car entered the lane I was traveling in, and as I came to a stop with my bike and I leaning against the front end of the car, I banged my hand on the windshield of the car--breaking the windshield. The other cyclist was there with me through the following hour it took the "police" to sort everything out. Somehow though, I got a ticket for disorderly conduct, while the driver of the car did not receive a ticket at all. I was also told by one of the officers that I "should just find someplace else to ride." Nice... no wonder I got a ticket...the guy eats donuts for a living (he literally probably weighed around 300lbs) and has the brain of an ant...

Anyways...

I was under the impression that 1. it is illegal to attempt to turn right from a left lane across traffic (it certainly would have been their fault if I hit them with my car, right?), and 2. that in the state of GA, if you life is being threatened you can act in pretty much any way you want to keep from being killed.

My court date is set for June 8, and I plan on being there with any sources I can to help back me up. Anyone with any info to contribute, it would be greatly appreciated. Thanks...

Jeff

Take photos of the scene from various angles.

If you whacked his windscreen then the judge will probably "do you" for this. You could claim mitigating circumstances I suppose. Ask the witness to come to court.
^
At least you are not injured. So you have a sore fist after breaking the windscreen. It seems a flimsy one if you can smash it with your fist.

Anyway best of luck for June 8

Little bit of both. Whatever was there would have been hit anyway--my hand needed to go down somewhere as I barely had time to get unclipped (feet didn't touch the ground till after I hit the car), and since I could see/feel this whole thing was about to happen, it kind of ticked me off that my life was worth the trade for a few seconds of this a**holes time. I really don't think I (or the other cyclist) knew if this guy was going to stop or if he even saw me at the edge of my lane. I certainly did not expect the windshield on a car to break, especailly when you just bang on it near the door-frame pillar. Never knew it was that easy and that it wouldn't hurt me at all...

Little bit of both, Martin, sounds like a confession on your part. If you impacted the car and tacoe'd the wheel, and just used the windshield to break your fall that would be one thing, BUT if the car wasn't used to stop your fall and more as an outlet for your frustration... well you decide... you know the truth...

I concur with your observation that if it had happened while you were driving they would in fact be cited, and I have serious reservations about them not being cited regardless of the fact their vehicle was (windshield) was damaged under what could be considered "suspicious circimstances". To have their insurance company replace the windshiled would seem like a cheap price to pay since you were in fact able to stop in time that they didn't have to pay for your ambulance trip, medical care or what could have been far worse.

On a side note, I am constantly replacing Ford windshileds from the tiniest pebbles tossed up from the road.

IT WAS A FORD MUSTANG TOO!!!!!!

Weird...must be pretty crappy windshields they used in those things!

I was a participant in a very similar incident, except that I was the cop who took the cyclist to jail. A cyclist in his late 30s was almost hit by a 50-ish driver in a BMW. Road rage ensued between the two...words exchanged, fingers flipped, etc. The driver parked at his destination and the cylcist caught up to him. The cyclist pounded on the window of the BMW and threatened to harm him. When I arrived on the call and got the stories straightened out, I had to arrest the cylcyst for criminal threats (section 422 of the California Penal Code). I did not cite the driver.

Modern windscreens are designed to protect (unrestrained) occupants of the vehicle.

Under California law, the motorist would have been guilty of an infraction, for violating your right-of-way. In court, point out to the judge that "right hooks" cause more than 10 percent of all cyclist-motorist collisions:
http://www.johnforester.com/Articles/Safety/Cross01.htm
(The percentage is much higher if you count only motorist-at-fault collisions.)

I think that situation is somewhat different in that the cyclist obviously had time to think about the situation and made the decision to go after the driver--the threats and actions afterward were premeditated. In my case, no more than a second or two tops went by between the time the car started to turn in front of me and the time their windshield was broken. The only thing I ever said to the driver at all, was that he should watch where he is going because he almost hit me and two other cyclists for that matter. Not once was I beligerant with them or anyone else the whole time, nor did I ever threaten anyone. My intention in the whole thing was to protect myself, and most states allow an individual to do that under life-threatening circumstances--which, in my opinion, this was.

And also, regardless of the cyclists behavior, any driver that "almost" takes a life should be cited at least. Cars kill cyclists, not just injure them.

Martin,I'm giving you the point of view from the law's perspective so that you can prepare for court. A cop generally (in most cases) cannot cite an infraction that did not happen in his presence. In the case of a misdemeanor that did not happen in his presence, the witness (in this case the driver) can press charges (PC 836), which is what appeared to have happened. So basically, the driver committed an infraction, but you committed a misdemeanor IF you intentionally broke is window. That other cyclist you passed could be a friendly witness for you if you can find him.

Just clarifying . . . you've said you are allowed to protect yourself. That is true as I understand it. Self defense is a valid reason for stopping someone who is trying to hurt you.

How did the car's window get broken? And how did that stop someone from hurting you?

In the majority of literature I have read about self defense (this may not apply to GA, I will have to look into it some more--the literature being from TX), a person is allowed to attempt to stop a threat to their life by whatever means necessary. The car stopped after/as I came to rest against it, not before. In this case, I could have thrown a water bottle (and you all know how long it takes to do that), started screaming and yelling or, as I did, bang on the car. In no way did I INTEND for the windshield to break--not my fault if Ford can't use decent glass. My actions were simply stopping myself from moving forward, keeping myself from falling, and making the driver aware of my presence.

Boomer, I did stay in touch with the other cyclist and I plan on having him in court with me (if necessary). What are my options when I go to court. I would prefer not to have disorderly conduct on my record for any reason, and I also don't want to make a huge deal of this with lawyers and all. On the other hand, I don't just want to admit to something I didn't do--as in I didn't intentionally break a windshield.


Also, as you mentioned, a police officer usually will not write a ticket if he didn't see the infraction. What is a cyclist supposed to do in the case that they are almost injured/killed by a wreckless driver when there is no police officer around. Reporting the incident certainly does not seem to do much (as I tried this another day and the officers let a (possibly) intoxicated woman ride by in another car moments after she almost hit me)? What are we supposed to do to help to make idiots aware of our presence on the road--wait until one of us is killed and it gets a half second blip on the news? I would like to know how a police officer would like to see these type of situations handled (knowing the most likely answer will be "call us and let us take care of it") but what is there that you will actually take care of????

This is an entirely different scenario. Once the vehicles stop, and the operators get off/out, it's no longer a traffic incident. As long as a cyclist is operating her/his vehicle, s/he's allowed three feet (in most states) of clearance all around. Anyone who violates that space cushion does so at the peril of her/his vehicle. Swinging an arm while riding when another vehicle encroaches on the three-foot rule, with property damage resulting, is in no way similar to picking a fight with someone who is no longer operating a vehicle.

I'm neither a cop nor a lawyer (nor do I play one on TV), but as a citizen, it's clear that there are no meaningful similarities between these two incidents.

Martin, I'm not a lawyer so I don't know how it all shakes down in court. But the way I see it, you did not commit a crime if you did not intend to hit the window. Go check out your state penal code from the library and loo under "disturbance", "assault" or something similar. I believe you will find the words "malicious intent" for those crimes. If you did not have malicious intent, you did not commit a crime. It's quite simple. Of course, witness would need to collaborate your story that there wasn't malicious intent.

If you are intending to contest the charge, I suggest you talk with a lawyer about representing you. I would expect that this is a minor enough offense that you are not looking at any real possibility of jail time, but you may find yourself being required to pay a fine plus the expense of replacing the windshield. You may also have a conviction record that you really don't want. At a minumum, I expect a lawyer can get you a 'deferred adjudication' meaning that after a probation period with no other convictions your record will be cleared. However, given the potential 'gray area' of events, if you have a witness with favorable testimony, you may be able to cast enough doubt on the events to avoid conviction altogether.

You will need to pay for the lawyer, of course, regardless of outcome. But, since this is not exactly a major case, the cost would, hopefully, be minimal.

Martin, I live in Stone Mountain.

Unfortunately, only a handful of Atlantans understand the adrenalin rush that surges through a cylist's body when he is contacted by a car. They are all clueless.

I am mild-mannered and traffic-friendly, but when I was cut off by an SUV and I clipped it's mirror, I jumped off my bike, ran to the driver's window and banged on it. Later, I realized I shouldn't have, but hey, it's the other guy's paint against my flesh, isn't it? I've seen motorists go ballistic over much less.

Protect yourself, don't get yourself in trouble, my friend.

...and keep riding...

Say you threw your hand out to regain your balance and hit the windshield.

Its entirely plausible... just emphasize how the guy cut you off, etc. And if you know the other cyclist try to get him to corroborate. I know its stupid but I don't take any crap from anyone in traffic... I would have done the same thing probably... though I usually take a flat hand to a fender or something since I'm always nervous about glass breakage... that reminds me... TOE SPIKES are great for road riding ;)