Long winded legal question...

ariscus99

Registered
Not sure if this is the right section for this, I'm a long time lurker here, and was hoping for some insight.

Well I had a stupid run in today with someone while riding, and was wondering if anyone else has been dumb like I was and what their outcome was.

No short way to tell this, so please hang in there;
Basically I was on my way home, on a 3 lane road(3 lanes each direction), I was splitting the 2 and 3 lanes and went to accelerate around a car about 100 yards before a traffic light, as I accelerated by she sped up and moved towards me in an attempt to not let me get ahead of her. At the light as we slowed to a stop she moved over further basically pushing me from the center of the two lanes into the #3 lane and we were almost stopped so I had to lean over so as to not get hit by her when the light turned green she took off and came into the #3 lane, I had to move over even further, so I kicked her tire(still going under 5mph), she must have seen or heard or felt it, because then she started blocking me from getting around her, and almost slammed into me a couple more times, as I was able to get by her on the left side of her she swerved back at me, so I slapped her mirror(apparently knocking the whole thing off) as I accelerated past her, she then came up after me again(somewhat understandably now) and almost rear ended me, I had to squeeze between two cars as she almost hit me from the rear again. Same thing happened again at the next light. I didn't know what she was going to do(try to hit me or what) so I took off through a neighborhood and onto a freeway, to get away from her(also keep in mind at this time I didn't now it was a her, I couldn't really make out the person in the car, so it could've been anyone as far as I knew), and doubled back to my house. Then, about 45 minutes later, I get a knock on the door from the police. Apparently she wrote down my license plate number and called the cops. The two officers(one a regular cop, the other a motor cop), asked what happened, I told them , they gave me her very strange nothing connecting side of the story which was basically I got mad I couldn't get past her then kicked her door in and ripped her mirror off. They said that she wanted me charged with vandalism and if the mirror cost more than $400 it would be felony vandalism(luckily its a pos car and I called a body who owns a body shop and asked what the replacement wold cost and he said $250-300 installed so no felony charge). The motor was sympathetic but the other cop was a d**k. And didn't care about my side of the story, he said if she tried to hit me that's attempted vehicular manslaughter and asked if I wanted her charged with it, so I said yeah. And he retorted with a "prove she did that". I asked if I could contact the girl to try to pay her and get it over with, and he said no. They gave me a case number and left.

So basically if you're still with me here, thanks, and anyone else ever been in this situation, and what was your outcome, or is there anyone for me to fight this?
 
Personally, Id persue the manslaughter thing if she presses the vandalism thing. Im no legal expert, but I am a jerk. I have no idea how much of your story is actually true, no offense, and neither will anyone else. Your word against hers on both counts. Heck, Id go file a report against her on your own, new case number, new cop that doesnt have an attitude towards you. If what you said happened, its the truth and well within your rights. A quick consult with a lawyer might not be a bad idea anyway.
 
I really need to get my helmet cam mounted lol. I think is could have been averted with that cuz she wouldn't have said anything if I played back a video of that.
 
well, unfortunately its very difficult for u to prove what she was doing without a witness. the police will not take enforcement action against someone under those conditions usually. not saying she wasnt doing what she was doing cause I believe she probably was.

if someone reports that an operator was speeding for example its simply an interpretation of speeding to a citizen is and they do not have radar or laser training observing vehicles with the naked eye to come to the conclusion that someone was indeed speeding. cops must be within 3 mph of the actual speed backed up by radar or laser to pass the radar/laser certification class.

the version of events that u described is even harder to prove. often people are misunderstood when it comes to the police and what action they can and will take. people often say "I want them arrested for doing such and such".

citizens dont make that determination whether or not someone will be arrested. the police do. that doesnt always sit well with them. police are only mandated to make an arrest with felonies and domestic violence when pc exists. what you described COULD have been construed as a felony if in fact she was trying to actually assault you with her vehicle. I doubt she was trying to do that.

imo she was just a cu*t that needed a punch in the mouth probably but nonetheless proving that she was trying to cut u off or run u off the road is difficult without a witness or damage to ur vehicle or causing u to crash.

but if a cop feels that you are a credible witness then he surely can make an arrest as long as you fill out a statement detailing what occurred. you breaking her mirror puts you in a bad situation cause there is tangible evidence and lets face it SHE called the police not you. that can of course work against you at times but does not always mean the police will make an arrest just because someone reported it.

the cops dont get involved with making restitution which is why they would not give u her info. the prosecutor surely can and im sure will. the prosecutor will likely come to the conclusion that MC riders dont go around ripping ppl's mirrors off because its fun...:whistle:

they may or may not be some sympathetic to ur story then the police were. as long as u make restitution they will likely nolle it but remember a nolle is not a dismisal. which means it can be reopened if u screw up again with in a certain amount of time which varies from state to state.
 
Thanks for the insight Brett. And I agree with what you've said here, like I said, I really wish I had a helmet cam on at the time. Hopefully when it gets to the DA before it gets to far I can get it handled. I have zero criminal history, and have been a local firefighter for going on 7 years, so hopefully they'll be lenient, I have no problem paying for the mirror, I know I shouldn't have hit it, she also shouldn't have tried to hit me, but that is, like you said, very hard to prove.
 
Personally, Id persue the manslaughter thing if she presses the vandalism thing. Im no legal expert, but I am a jerk. I have no idea how much of your story is actually true, no offense, and neither will anyone else. Your word against hers on both counts. Heck, Id go file a report against her on your own, new case number, new cop that doesnt have an attitude towards you. If what you said happened, its the truth and well within your rights. A quick consult with a lawyer might not be a bad idea anyway.
Listen to Rooster. He has been in trouble more than anyone here and he is truly a jerk, I have met him.:laugh:
 
Thanks for the insight Brett. And I agree with what you've said here, like I said, I really wish I had a helmet cam on at the time. Hopefully when it gets to the DA before it gets to far I can get it handled. I have zero criminal history, and have been a local firefighter for going on 7 years, so hopefully they'll be lenient, I have no problem paying for the mirror, I know I shouldn't have hit it, she also shouldn't have tried to hit me, but that is, like you said, very hard to prove.
my guess is they will likely dismiss it when restitution is made if u have no history and are a public servant. thats just my opinion. its a form of road rage and pretty common on the streets these days and even more common in the courts.

I would show up for court with an estimate which shows ur taking the steps to fix ur mistake. but just keep in mind that she may go to the dealer for an estimate even if her car is a POS which will be much higher then urs. just be prepared to come somewhere in the middle and compromise cause often people are just lookn to put money in their pocket and could give a chit about their hoopdie....:whistle:
 
Yeah, the price I got wasn't a friends and family price, it was retail for the mirror plus 1 hour for install, so it should be ball park of whatever she comes in with.
 
I"d say your lucky to be alive. people are nuts now adays. lane splitting pisses off caggers in the first place so it shoudnt suprize you. sounds like some thing I would have done when I was in my 20s kicking cars on my 400 yamaha:whistle: yes I"ve done it:poke:there can be no good out come from road rage. In 17 years as a trucker I"ve seen more than my share road rage, you can get caught up in it faster than a new york min. And thats just what happened to you. Get a lawyer
 
If it was me I would ask her to prove that I was the one that ripped off her mirror ha

It sounds like the conversation you had with the officers at your door will be proof enough. From what I gathered, you did not deny anything on your end...is that correct?

I'm all for being truthfull and telling the entire story, but ... keep in mind it will also be used in court
 
So you must be in California... because isn't that the only state where lane splitting is legal? The reason I ask is because if you were violating the law by lane splittling, you are already in the wrong - not that it excuses her behavior, but you'll have a more difficult time if you try to fight it.
 
You really did kick her car and whacked her mirror off over who had the right to the front spot at a red light?

Lessons in life usually have a price tag attached, paid in pain and/or cash. Consider this a lesson in good judgment and common sense. Be happy its only cash.
 
You really did kick her car and whacked her mirror off over who had the right to the front spot at a red light?

Lessons in life usually have a price tag attached, paid in pain and/or cash. Consider this a lesson in good judgment and common sense. Be happy its only cash.

It sounds like the altercation was more over her using her car to jockey for position against a biker...she didn't seem to want to allow him any space.

I don't live in a state where you can legally lane-split, but I know for a fact I'd never even try it. If I'm ever in this same situation, I will surely be the one to back down because me on a bike vs. any car = me potentially dying...
 
Man, here's the truth; like it or not here it is. You did battle with a something that could easily have killed you. It wouldn't have taken any effort what-so-ever for her to knock you down and run you slap over. A wise man told me don't pick fights you can't win; and on two wheels in a road rage situation motorcycles are frequently on the losing team. I know I've had similar situations as this in the past I totally feel why you did what you did but it wasn't smart, you could be dead or mangled right now she would still be in the wrong and that wouldn't make a damn bit of difference.

Keep these thoughts rolling in your head the next time things like this happen. A) I am just riding, they are just driving B) If i get in a fight with a car/truck I will likely lose the cost of losing is extreme C) Behind you a car is a threat; in front they are entertainment.


That last one is huge, once you wrap your head around this is a constant truth and react accordingly you're good. Remember no one *wins* with road rage, no one at all.
 
4 Insane Things Nobody Tells You About Riding a Motorcycle | Cracked.com

http://www.ots.ca.gov/Media_and_Res...c/2012_Motorcycle_Survey_and_Safety_Month.pdf

The survey was conducted to find out whether Californians knew that lane-sharing was legal for motorcycles (that's when you drive in the space between lanes to cut through traffic). Most did not, but that's not the interesting part: The interesting part was exactly how many of them -- 7 percent -- freely admitted to the survey conductor that they "tried to prevent lane sharing." That dry, objective phrasing makes it sound like no big deal, but the only way you can "try to prevent lane sharing" is to abruptly block a lane with your car when you see a bike coming (i.e., ramming a motorcycle off the road).

That is a shocking piece of information to volunteer to anybody at any time, and 7 percent of people freely admitted it to a total stranger. Find any other scenario where nearly one out of ten passerby will casually, almost happily cop to attempted murder on a regular basis:

"Excuse me, sir; were you aware that commercial fishing within two miles of the coastline is legal in California?"

"Why, no, random stranger, I was not! And in fact, I regularly hurl knives and flaming bottles of kerosene at boats when I see them fishing too close to the beach! Hahaha, joke's on me, I guess! Welp, see you later, I'm off to stab pedestrians crossing at intersections without crosswalks -- have a good one!"
 
It sounds like the altercation was more over her using her car to jockey for position against a biker...she didn't seem to want to allow him any space.

I don't live in a state where you can legally lane-split, but I know for a fact I'd never even try it. If I'm ever in this same situation, I will surely be the one to back down because me on a bike vs. any car = me potentially dying...

We just see it differently. I see it as being totally avoidable on the bikers part. Common sense goes a long way in staying alive on two wheels.

The only real dumb part of the entire altercation was taking his anger and frustrations out on her vehicle. I would have reacted with a call to 911 as well and pursued payment for the damage. Maybe I'm wrong but I simply see it as a biker with an attitude that got himself in trouble. :dunno:

Newton's law: For every action there is an equal and opposite reaction!
 
We just see it differently. I see it as being totally avoidable on the bikers part. Common sense goes a long way in staying alive on two wheels.

The only real dumb part of the entire altercation was taking his anger and frustrations out on her vehicle. I would have reacted with a call to 911 as well and pursued payment for the damage. Maybe I'm wrong but I simply see it as a biker with an attitude that got himself in trouble. :dunno:

Newton's law: For every action there is an equal and opposite reaction!

Oh I agree Tuf...I was just saying I don't think it was him simply wanting that first position at the light; I think things escalated because she made it her mission to "go after" him not just once, but repeatedly...

I'm far too fragile to even stick around people like that when I'm on my Busa (as someone that angers so easily myself while riding/driving), but I can calm myself enough to realize I have 2 young sons to go home to...

I wasn't arguing with you... :thumbsup:
 
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