Go Back  Bike Forums > Bike Forums > Commuting
Reload this Page >

Video or it didn't happen

Search
Notices
Commuting Bicycle commuting is easier than you think, before you know it, you'll be hooked. Learn the tips, hints, equipment, safety requirements for safely riding your bike to work.

Video or it didn't happen

Thread Tools
 
Search this Thread
 
Old 05-18-10 | 07:38 PM
  #26  
91MF's Avatar
i'll probably break it
 
Joined: Jun 2008
Posts: 1,665
Likes: 2
cops suck.

*cue the police officers on here huffing and puffing and beating their chests.
91MF is offline  
Reply
Old 05-18-10 | 09:55 PM
  #27  
undisputed83's Avatar
Senior Member
 
Joined: Aug 2009
Posts: 558
Likes: 0
From: Westbrook, Maine

Bikes: 2011 Litespeed M-1, 1991 Raleigh Technium (Commuter)

**** it. Buy some pepper spray...
undisputed83 is offline  
Reply
Old 05-19-10 | 05:43 AM
  #28  
Lot's Knife's Avatar
Senior Member
 
Joined: Jul 2006
Posts: 522
Likes: 0
Originally Posted by BassNotBass
I've gotten clipped many times in the past. ... Yesterday I almost got clipped yet again ...
Sorry about the ellipsis, but getting "clipped" sounds like you've been grazed or hit multiple times. Followed by the "almost clipped" makes me wonder what you're describing.
Lot's Knife is offline  
Reply
Old 05-19-10 | 06:07 AM
  #29  
TonyS's Avatar
Senior Member
 
Joined: Jan 2010
Posts: 300
Likes: 0
From: Springfield, MO

Bikes: Trek 1200

Originally Posted by BassNotBass
Like I said, that's not an option. Before I were to regrain a decent level of sanity he could be dead and I in the slammer or me dead and he long gone. Either way I lose.
Quoted for Truth. You are officially smarter than a lot of people on the internets.

I'll add one more... he could get the crap beaten out of him, and come and run you over (or shoot you, or bring his buddies, etc, etc) the next day.

An arms race with someone who's sitting in a 1/2 ton vehicle while you're on a road bike will not end well for you.

But, that's not the weak link in this system, anyway. The police are apparently extremely motivated to preserve the status quo... and that's the point I'd start hacking at. When they refuse to come out, say "Ok, I'll add that information to the report I'll be sending the newspaper." See if they don't like bad press. Be sure to get the name of the officer you talked to on the phone first... they *REALLY* don't want their name tied to it. If that doesn't light a fire under their ass, then call the chief of police directly, and let him know what's going on. If he doesn't care, then you tell him you'll be sending a recording of your conversation with him to the local news... etc, etc.

Basically you need to make them doing nothing suddenly more uncomfortable than enforcing the law.


The pepper spray is not that bad of an idea either, to make sure you don't get seriously injured during these incidents...
TonyS is offline  
Reply
Old 05-19-10 | 06:33 AM
  #30  
BassNotBass's Avatar
Thread Starter
master of bottom licks
 
Joined: Apr 2008
Posts: 2,210
Likes: 2
From: Lou-evil, Canned-Yucky USA
Originally Posted by Lot's Knife
Sorry about the ellipsis, but getting "clipped" sounds like you've been grazed or hit multiple times. Followed by the "almost clipped" makes me wonder what you're describing.
By clipping I mean physical contact was made. Almost getting clipped is when they pass me in my lane and come within a foot of me... well within the 3 feet passing space required by law.
BassNotBass is offline  
Reply
Old 05-19-10 | 06:46 AM
  #31  
kuan's Avatar
Twincities MN
 
Joined: May 2005
Posts: 2,536
Likes: 1

Bikes: Fat Caad Lefty, Foundry Overland.

If you were physically assaulted then you could probably file a civil suit. See how he likes that.
__________________
www.marrow.org
kuan is offline  
Reply
Old 05-19-10 | 07:17 AM
  #32  
LCI #1853
 
Joined: Mar 2008
Posts: 663
Likes: 0
From: Scott. Arkansas

Bikes: Trek Madone 5.2, Fisher Caliber 29er, Orbea Onix

Many states do not allow photographic evidence to be used in enforcing traffic laws. Granted, most of these statutes are aimed/intended to prevent the use of red-light cameras and radar/camera speed traps, but most don't exclude helmet cam evidence, either. The guy probably wouldn't get arrested or get a ticket, but you could use it in civil proceedings.
Pscyclepath is offline  
Reply
Old 05-19-10 | 07:53 AM
  #33  
Senior Member
15 Anniversary
 
Joined: Jul 2008
Posts: 1,428
Likes: 18
Originally Posted by BassNotBass
The police officer that showed up is the same guy who's responded before. He didn't seem to really care what happened... there wasn't any blood or carnage so what's it to him? He seemed more interested in having us get on our separate ways.
Contact the press. Find the police beat reporter for your local newspaper, and call him or her up. Contact the police department, and get a copy of what their procedures for recording this sort of complaint are. If this cop isn't following them (and I'll bet he's not), file a complaint about him.

You've got a tag and a witness. And a lazy ******* cop. Next time, ask for his sergeant to come out to the scene.
dscheidt is offline  
Reply
Old 05-19-10 | 10:02 AM
  #34  
JonnyHK's Avatar
Senior Member
Titanium Club Membership
15 Anniversary
 
Joined: Sep 2008
Posts: 2,423
Likes: 204
From: London

Bikes: Baum Romano, Brompton S2, Homemade Bamboo!

Originally Posted by BassNotBass
Despite having the phone number of a witness who stopped and tried to help me but couldn't wait for the police to show up, her testimony would be dismissed because she wasn't there when the police officer showed up.
Hello? That is utter crap from the cop. Testimony is testimony. Witnesses are going to swear in court, so when they come forward is irrelevant. How often do you hear the cops make pleas on TV for witnesses to a certain crime to come forward?

Make a complaint about this cop. Offer to be nice and drop it if they start taking this stuff seriously.
JonnyHK is offline  
Reply
Old 05-19-10 | 10:04 AM
  #35  
JonnyHK's Avatar
Senior Member
Titanium Club Membership
15 Anniversary
 
Joined: Sep 2008
Posts: 2,423
Likes: 204
From: London

Bikes: Baum Romano, Brompton S2, Homemade Bamboo!

Originally Posted by dscheidt
Contact the press. Find the police beat reporter for your local newspaper, and call him or her up. Contact the police department, and get a copy of what their procedures for recording this sort of complaint are. If this cop isn't following them (and I'll bet he's not), file a complaint about him.

You've got a tag and a witness. And a lazy ******* cop. Next time, ask for his sergeant to come out to the scene.
+1

Basically ask the cops to do their job properly (ie protect citizens from attacks) or wear the bad press for being lazy.
JonnyHK is offline  
Reply
Old 05-19-10 | 10:14 AM
  #36  
electrik's Avatar
Single-serving poster
 
Joined: Aug 2009
Posts: 5,098
Likes: 3
From: Toronto, Canada
Lazy piggy.

For one if somebody threatens to assault you, stops their car, gets OUT of their car and then comes right AT you - go ahead and punch them first or mace them first... under most self defense laws you don't have to wait for the first punch to be thrown if the person has already threatened you and has made it clear they're going to assault you.

Spitting is a form of assault, try spitting on that lazy cop!

You should have collected some saliva for evidence.
electrik is offline  
Reply
Old 05-19-10 | 10:30 AM
  #37  
mymilkexpired's Avatar
Senior Member
20 Anniversary
 
Joined: Sep 2003
Posts: 162
Likes: 0
From: Houston, TX

Bikes: Custom Fetish Cycles

Originally Posted by Pscyclepath
Many states do not allow photographic evidence to be used in enforcing traffic laws. Granted, most of these statutes are aimed/intended to prevent the use of red-light cameras and radar/camera speed traps, but most don't exclude helmet cam evidence, either. The guy probably wouldn't get arrested or get a ticket, but you could use it in civil proceedings.
Its not really a matter of traffic law at this point. Its clear and simple assault; to that, video evidence would hold up in anyones favor. Now if he had actually hit him with the vehicle, thats just a whole different ball game. And my calls would have been in this order: Police, Lawyer, Wife... With or without a police report, its going to my lawyer.
mymilkexpired is offline  
Reply
Old 05-19-10 | 10:45 AM
  #38  
dcrowell's Avatar
Fat Guy Rolling
 
Joined: Jul 2008
Posts: 2,434
Likes: 1
From: Louisville Kentucky

Bikes: Bacchetta Agio, 80s Raleigh Record single-speed, Surly Big Dummy

As someone else who rides in Louisville, I can attest to the number of idiots on the road and the attitude taken by the police.

I don't have an answer. The violent methods some people are calling for will do more harm than good. The legal methods are time-consuming. Most of us have lives to live and don't have the time or money to pursue things.

It would be better if the police would do their jobs (especially in an assault case), but this is a common problem around the country, not just here.

I was beaten bloody years ago (not bike related) in Michigan, and the police did nothing. While driving, I called the police on a driver who was harassing a cyclist in southern Indiana, nothing happened. I called the police on a driver who thew a wooden plank at me while I was riding. Nothing happened.

That's life. Try not to let it bother you too much.
dcrowell is offline  
Reply
Old 05-19-10 | 11:07 AM
  #39  
Senior Member
 
Joined: Apr 2010
Posts: 248
Likes: 0
Originally Posted by JeremyZ
The mace or pepper spray is a good idea. Would be easy to carry, non-lethal; perfect.

Hose the guy down and ride away while he is trying to catch is breath & open his eyes.

I'm going to think about getting some to carry on my person. It would also work on dogs...
Keep the mace attached on your bars, easy to get to
sm1960 is offline  
Reply
Old 05-19-10 | 11:18 AM
  #40  
zac's Avatar
zac
Senior Member
 
Joined: Jul 2005
Posts: 874
Likes: 0
From: Mass

Bikes: I just ride them, they own me.

Lot of internet lawyers here.

Simply put, in almost all US jurisdictions, a police officer cannot make a warrantless arrest for a misdemeanor that did not occur within his presence. The OP has described a Threat and an Assault and Battery. Both, are most likely misdemeanors, (at least they are here in Massachusetts). (They can in certain specific instances defined by statute, usually related to domestic issues, but that is not the case here.) It is also likely that the officer will not swear out a complaint, again, he has no first hand knowledge of the incident. But you can.

To the OP, you have his tag, you reported it. The investigating officer MUST file a report, and that report MUST be made available to you. Get it and go see an attorney. Only he or she will be able to properly advise you as to your rights and obligations in your state.

Good luck
zac

PS IAAL, but not yours, and the above is not legal advice. GO SEE AN ATTORNEY.
__________________
trans female, out and proud!

Hammer Nutrition 15% Referral Discount
MassBike.org - Same Road, Same Rules

Last edited by zac; 05-19-10 at 11:30 AM.
zac is offline  
Reply
Old 05-19-10 | 12:19 PM
  #41  
EKW in DC's Avatar
Senior Member
 
Joined: Apr 2009
Posts: 2,053
Likes: 0
From: Alexandria, VA

Bikes: Trek 830 Mountain Track Drop bar conversion

Originally Posted by radshark
Don't forget to pitch his keys someplace too... you don't want to be a hood ornament.
A la Yehuda... https://www.yehudamoon.com/index.php?date=2008-04-16
EKW in DC is offline  
Reply
Old 05-19-10 | 02:46 PM
  #42  
BassNotBass's Avatar
Thread Starter
master of bottom licks
 
Joined: Apr 2008
Posts: 2,210
Likes: 2
From: Lou-evil, Canned-Yucky USA
Thanks everyone for the input and advice. I'm looking into non-lethal self-defense options and have called to get a copy of the police report. I have a feeling in my gut that the officer didn't even fill one out since a report for the incident couldn't be located even though it's been 2 days. I don't know.

I probably won't be able to legally pursue this matter until sometime early June since I'll be leaving in a few days for the UK and won't be back for two weeks.

Thanks again everyone.
BassNotBass is offline  
Reply
Old 05-19-10 | 03:03 PM
  #43  
pharasz's Avatar
Member from- uh... France
 
Joined: May 2009
Posts: 329
Likes: 0
From: St Petersburg, FL

Bikes: Specialized Roubaix, Bianchi Volpe

Originally Posted by neil
I always find it odd the number of angry drivers posters here encounter. I've had the odd moron slow down to shout something at me, and the very occasional honking, but nothing physical, and nothing that approaches the anger that some of you get, and it's pretty uncommon.
Same here. I get honked at, yelled at, and buzzed. Just yesterday a Ford F-150 zoomed past six inches from my shoulder on a four lane road with a 35 MPH limit, and the lane to the left of him was empty. So yeah, I get my share of angry drivers out there. But to have them stop and get out???? I can't imagine... But if that happened I certainly would go in any other direction possible. That person has some personal problem they want to take out on you. Why allow them to do that?
pharasz is offline  
Reply
Old 05-19-10 | 08:01 PM
  #44  
Seamless's Avatar
Peddler
 
Joined: Nov 2004
Posts: 337
Likes: 0

Bikes: Cannondale Road Warrior 800 & H400

Seems the greatest value of video/photo/witness evidence would be to speak for you when you can't speak for yourself; next best to corroborate your version. Multiply that value in case of repeat offenders (or revenge). It'd be the extremely rare traffic officer (among those who are diligent and honest, at least) who would insist that during the time from incident until her or his response at the scene you were somehow able to fabricate a false video with only your helmet cam or phone cam. Of course most people (including license revocation hearing judges) believe what they can plainly see. Leave it to the driver to attempt to concoct a plausible explanation of how their vehicle and body shows up on the video (how else would you have obtained it--pre-accident surveillance?), perhaps coupled with paint transfer marks or other compatible physical indicia.

One concern in small geographic areas--such as where the same officer shows up, and again dismisses the complaint as if s/he were the judge or prosecutor--might be protecting local residents or the officers' friends/relatives/business dealings.

One other point I think was overstated earlier: laws against use of intersection camera evidence I personally suspect (but haven't researched) wouldn't prohibit video use in investigation for possible criminal assault/battery or possible revocation of license privileges, and they're used regularly to identify perpetrators of various types of crimes as well as identify potential witnesses (e.g., license plates of potential witnesses in other vehicles). The correct analysis of how it might be useful to you of depends on your state and/or your local traffic jurisdictions.
Seamless is offline  
Reply
Old 05-19-10 | 09:16 PM
  #45  
JoeyBike's Avatar
Member Not Found
15 Anniversary
 
Joined: Jul 2007
Posts: 7,490
Likes: 418
Originally Posted by BassNotBass
I've tried to file police reports since I had vehicle tag numbers but the answer I usually get is that there aren't any witnesses to the incidents so nothing can be done.
Too bad you are not female and pretty.

An attractive female friend of mine was cycling at the lakefront in New Orleans (very popular area for roadies/tri-geeks) on a Sunday afternoon. A car load of young men drive past her and one of them reaches out of a window and smacks her with his hand on the Lycra-clad bottom as they pass. She gets the police involved. They put her bike in the trunk of the squad car and drove around the lakefront until they finally find the car. The driver of the car was arrested on the spot and taken away. There were no witnesses. Only testimony from the cyclist.

I am positive that if that same car of young men drove by and broke my helmet with a baseball bat, my cops would have told me the same thing your cops told you. Maybe even tell me to ride on the sidewalk.
JoeyBike is offline  
Reply
Old 05-19-10 | 09:59 PM
  #46  
Snacklord's Avatar
Lumens For Life
 
Joined: Feb 2010
Posts: 77
Likes: 0
From: Santa Cruz, CA

Bikes: 1989 Nishiki Ariel, 24" Elf Doublecross, 80's(?) Schwinn Traveler, soon a Motobecane Fantom Cross Uno

Spitting is definitely assault.... not to mention the punch..!!

do you have a weekly newspaper in your area..? I'd write to
them to complain about the lack of help from the police, ESP.
since he's responded to your multiple complaints and obviously
doesn't give a rip.... Good luck..!!!
Snacklord is offline  
Reply
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
smasha
Electronics, Lighting, & Gadgets
42
07-07-13 08:53 PM
digger
Advocacy & Safety
61
11-02-12 11:49 AM
smasha
Advocacy & Safety
22
04-10-12 10:33 AM

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2026 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.