cops suck.

*cue the police officers on here huffing and puffing and beating their chests.

**** it. Buy some pepper spray...

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.

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...

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.

If you were physically assaulted then you could probably file a civil suit. See how he likes that.

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.

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.

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.

+1

Basically ask the cops to do their job properly (ie protect citizens from attacks) or wear the bad press for being lazy.

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.

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.

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.

Keep the mace attached on your bars, easy to get to

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.

A la Yehuda... http://www.yehudamoon.com/index.php?date=2008-04-16 :)

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.

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?

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.

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.

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..!!!