I filed a complaint against a driver.
#26
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This was in Morristown, google map of intersection here.
I took a left out of Twombly, and then was in the left turn lane on Madison to turn on to Normandy.
I took a left out of Twombly, and then was in the left turn lane on Madison to turn on to Normandy.
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I'd prolly do it.
Buzzman's bike law card thing
https://www.bikeforums.net/showthread...1#post10879458
Buzzman's bike law card thing
https://www.bikeforums.net/showthread...1#post10879458
Last edited by katinka; 05-29-10 at 03:08 AM. Reason: was not really clear what I was talking about at all
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Good luck.
Yes, the judge wants you two to settle this-there aren't any independent witnesses and no video footage, so it is strictly he said vs he said.
Did you knock on his window?? Is that considered some sort of big deal? Not many people would try to break a car window with their hand, so it will be obvious to the judge that you just wanted to talk.
I suspect you'll come off ok-sincere non violent committed cyclist standing up for his rights etc.
I don't know how the driver will come off?
Luck
Charlie
Yes, the judge wants you two to settle this-there aren't any independent witnesses and no video footage, so it is strictly he said vs he said.
Did you knock on his window?? Is that considered some sort of big deal? Not many people would try to break a car window with their hand, so it will be obvious to the judge that you just wanted to talk.
I suspect you'll come off ok-sincere non violent committed cyclist standing up for his rights etc.
I don't know how the driver will come off?
Luck
Charlie
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Yes, I did knock on the window. In the initial police report, he says I knocked on the window, but in his later affidavit statement, he says I banged and tried to smash it.
#30
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My statement: Defendant blew the horn of his car for an excessively long time so as to cause alarm and fright to the victim. Defendant drove erratically as to endanger the victim and others.
Driver's statement: Defendent drove out of Twombly Court without stopping and pulled in front of oncoming traffic driving in the middle of of road and shifting or driving erratically in left lane and right lane of Madison Avenue eastbound. She caused traffic to stop and veer onto shoulder. Defendent could or might have been impaired or drunk. She stayed and drove between both eastbound lanes. When she moved to right lane, I tooted my horn and then passed her in right lane. She then came up behind me in right lane at light for Normandy and then came to my passenger side banging and smashing on window. I lowered down window and said you are going to get killed riding in the middle of the road - she was yelling at me about bikers rights and I closed window and drove off when light changed.
Driver's statement: Defendent drove out of Twombly Court without stopping and pulled in front of oncoming traffic driving in the middle of of road and shifting or driving erratically in left lane and right lane of Madison Avenue eastbound. She caused traffic to stop and veer onto shoulder. Defendent could or might have been impaired or drunk. She stayed and drove between both eastbound lanes. When she moved to right lane, I tooted my horn and then passed her in right lane. She then came up behind me in right lane at light for Normandy and then came to my passenger side banging and smashing on window. I lowered down window and said you are going to get killed riding in the middle of the road - she was yelling at me about bikers rights and I closed window and drove off when light changed.
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Well he couldn't have thought you were actually trying to break his window. He sure as heck wouldn't lower a window to talk to a crazed window smasher.
It should be obvious from his actions-he lowered the window to talk- that he didn't think you were trying to break his window or meant him any harm.
His statement "riding in middle of road" might show he was ignorant of what bicycles are allowed to do. I'm not a fan of "taking a lane" but it is legal just about everywhere. If the bike rider feels far left as possible EXCEPT WHEN IT ISN'T SAFE is applicable, he/she can take the middle of any lane.
What he said and did doesn't support his fearing you were trying to break his window; his comment on "middle of road" indicates he is ignorant of bicycle "rights".
You should come out OK.
The judge will just suggest the two of you let it go-"learning experience for everyone-blah,blah."
Luck
Charlie
It should be obvious from his actions-he lowered the window to talk- that he didn't think you were trying to break his window or meant him any harm.
His statement "riding in middle of road" might show he was ignorant of what bicycles are allowed to do. I'm not a fan of "taking a lane" but it is legal just about everywhere. If the bike rider feels far left as possible EXCEPT WHEN IT ISN'T SAFE is applicable, he/she can take the middle of any lane.
What he said and did doesn't support his fearing you were trying to break his window; his comment on "middle of road" indicates he is ignorant of bicycle "rights".
You should come out OK.
The judge will just suggest the two of you let it go-"learning experience for everyone-blah,blah."
Luck
Charlie
#32
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i think in most states you can file civil charges, but without evidence like a video camera or eye witnesses it comes down to your word against theirs, if you can show that their word can not be trusted then you have an edge, but it is still a loose case...BUT at the very least it might make the motorist think twice before endangering another cyclist...
In court unless there is some kind of proof, the charge isn't going anywhere because anyone can say anything about anyone else.
I had a cab driver try to hit me twice and grab me once while I was riding to work. I was hoping it was on video (because it was in front of the main airport terminal) and filed a charge that went nowhere.
I did however talk with the drivers cab company and wrote a newspaper column about it, so I'd guess the driver would be giving a second thought about what happened. Maybe he won't be so careless next time and finish me off instead of missing me.
#33
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I for one am glad you took the appropriate steps. I too have had to do this with a motorist who's ego got a little out of control. In the end, he got reckless driving and also gets to pay for his own anger management classes.
I still dont understand how some people have this ability to become a law maker, enforcer, judge and executioner all in the blink of an eye.
I still dont understand how some people have this ability to become a law maker, enforcer, judge and executioner all in the blink of an eye.
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Many Drivers of all stripes see bicycles and bicyclists as fools who are intentionally doing something risky for no good reason.
They don't view bicycle riding on roads/streets for transportation or recreation as a good, sensible activity.
They view it as a dangerous, selfish activity like technical mountain climbing or sky diving.
How do we change this view? Can we legislate/ enforce/educate better behavior?
Maybe, to some degree.
The REAL CURE and change in ATTITUDE will come with more expensive gasoline. More expensive gasoline is why the Euros and to some extent the Asians have much higher bicycle use.
More interest in bicycles and scooters happened during the 2008 gas spike to just $4.06.
$6-$7 gas with $200 oil will get lots more regular folks on bikes.
Cities/towns/suburbs will become interested in providing better bike facilities- STARTING WITH EASY TO USE ANTI THEFT PARKING "STANDS."
I really don't wish for higher fuel prices.I'm broke in debt(wife disabled HUGE med bills etc) looking for higher paying work- BUT I think higher fuel prices-in the form of higher fuel taxes- might be necessary to force us off dangerous foreign energy.We will switch to electricity generation with more NUKES and wind turbines, maybe natural gas driven vehicles, but many electric vehicles fueled with USA wind,NUKE, and probably still with coal.
Foreign oil will kill us-literally and figuratively. We need to get off it-the sooner the better.
So bicycle riding will become better, more mainstream, as fuel prices spike to $6+. Even in the suburbs( I live in a suburb of NOLA) I'm not more than 2 miles from anything essential. 4 miles-roundtrip is just 20 minutes-even for me.
We are kinda screwed until fuel becomes expensive.
They don't view bicycle riding on roads/streets for transportation or recreation as a good, sensible activity.
They view it as a dangerous, selfish activity like technical mountain climbing or sky diving.
How do we change this view? Can we legislate/ enforce/educate better behavior?
Maybe, to some degree.
The REAL CURE and change in ATTITUDE will come with more expensive gasoline. More expensive gasoline is why the Euros and to some extent the Asians have much higher bicycle use.
More interest in bicycles and scooters happened during the 2008 gas spike to just $4.06.
$6-$7 gas with $200 oil will get lots more regular folks on bikes.
Cities/towns/suburbs will become interested in providing better bike facilities- STARTING WITH EASY TO USE ANTI THEFT PARKING "STANDS."
I really don't wish for higher fuel prices.I'm broke in debt(wife disabled HUGE med bills etc) looking for higher paying work- BUT I think higher fuel prices-in the form of higher fuel taxes- might be necessary to force us off dangerous foreign energy.We will switch to electricity generation with more NUKES and wind turbines, maybe natural gas driven vehicles, but many electric vehicles fueled with USA wind,NUKE, and probably still with coal.
Foreign oil will kill us-literally and figuratively. We need to get off it-the sooner the better.
So bicycle riding will become better, more mainstream, as fuel prices spike to $6+. Even in the suburbs( I live in a suburb of NOLA) I'm not more than 2 miles from anything essential. 4 miles-roundtrip is just 20 minutes-even for me.
We are kinda screwed until fuel becomes expensive.
#35
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[QUOTE=phoebeisis;10884573]Many Drivers of all stripes see bicycles and bicyclists as fools who are intentionally doing something risky for no good reason.
They don't view bicycle riding on roads/streets for transportation or recreation as a good, sensible activity.
They view it as a dangerous, selfish activity like technical mountain climbing or sky diving.
I don't think they see it these ways at all. I think it just simple we are in there way, period.
They don't view bicycle riding on roads/streets for transportation or recreation as a good, sensible activity.
They view it as a dangerous, selfish activity like technical mountain climbing or sky diving.
I don't think they see it these ways at all. I think it just simple we are in there way, period.
#36
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Good luck. I'm more of the "lure him into court and set his car on fire" type.
#37
Gimme back my gears!
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If you are a sub 140 pound female (or near) you should have smashed his window with your bare fist and bit** slapped him across the face. Then cried **** when the police arrived *
*...Very bad joke, but it implies that he's got a weak argument when you add up the sum.
*...Very bad joke, but it implies that he's got a weak argument when you add up the sum.
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Check with yuor laywer of course. But If I have things right this all started when you were making a left turn. Not only legal but proper. I'd harp on that. It started with a legal action on your part that the driver took exception to.
#41
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Seriously, though. Tell your lawyer to get those both on the record in your session with the judge.
#42
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https://bit.ly/9t977X
newstory. I look sort of mad and drunk in this picture from last month, but I wasn't.
newstory. I look sort of mad and drunk in this picture from last month, but I wasn't.
#43
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I took a picture of his plate with my cell phone, and when I made the police report, they looked up the owner, who pointed the police to the driver for a statement.
#44
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https://bit.ly/9t977X
newstory. I look sort of mad and drunk in this picture from last month, but I wasn't.
newstory. I look sort of mad and drunk in this picture from last month, but I wasn't.
Good luck from a Morris County neighbor!
#45
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Anxiously waiting for the outcome. Keep in mind that judges are not stupid. This clown deserves to get a legal wedgie for false evidence and generally acting like a jerk. I won't be surprised if he gets one.
Best of luck!
Best of luck!
#46
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He claims to have been acting out of fear from your crazed antics? bwahaha... thats a win in my book. Hopefully that guy gets 30 days in jail. A lost job and 3 points on his record. Wish the best!
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This should come out OK for you.
No one is going to believe you were trying to smash his window- who opens a window to talk to a crazed window smashing attacker?? It is an obvious lie.
No one is going to believe you were trying to smash his window- who opens a window to talk to a crazed window smashing attacker?? It is an obvious lie.
#48
The Drive Side is Within
meh. I had a cop in an unmarked car pretty much do this to me, only worse, as he pulled left directly in front of me after passing. I filed a report on him using the plate number at the station. I was told that I would get a follow up call, and have not yet.
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The bicycle, the bicycle surely, should always be the vehicle of novelists and poets. Christopher Morley
The bicycle, the bicycle surely, should always be the vehicle of novelists and poets. Christopher Morley
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Standalone,
Idk about where you are, but we have a police review board. If you can't get the police to police their own, get the city or whatnot to do it.
Idk about where you are, but we have a police review board. If you can't get the police to police their own, get the city or whatnot to do it.