Great response. Police and prosecutors have broad discretion in issuing
charges. They could proceed on a traffic offense such as passing too closely
or reckless driving. They could also go with more serious charges, such as
battery or recklessly endangering safety, or not issue any charges.
"Press charges" generally means that you are willing to testify against the
perpetrator if authorities file a case against the driver.
Robbie's suggestion give the reason to file a charge even if authorities will
not proceed. However, injury and physical evidence such as the damage to the
bike described by Grant might be enough for authorities to issue a citation or
file a case.
Mike
o
--k
(/) (!)
________________________________
From: Robbie Webber <[email protected]>
To: Grant Foster <[email protected]>
Cc: "[email protected]" <[email protected]>
Sent: Monday, June 24, 2013 11:24 AM
Yes, it's true that people hurting each other with cars is not taken as
seriously as people hurting each other with guns, even if one requires a
license, and the other doesn't. Sort of ironic.
I agree with Patrick's first part. The guy tried to injure you. I'm not a
lawyer, but have a feeling that the "assault with a deadly weapon" might not
make it as a charge. However, the police obviously took it seriously enough to
both call back and agree to file a full report. That's good.
Here's my guess about what will happen:
The guy will say that you provoked him. He'll say that you are exaggerating the
incident and he didn't intentionally try to hit you. Deny, deny, deny.
The police will know that he's lying and will warn him that his behavior is not
acceptable, and that he could be prosecuted. They'll also likely find out that
the driver has some other incidents on his record that will lead them to
believe that he has anger issues: complaints from neighbors, co-workers, or
family; other aggressive driving incidents; lots of speeding tickets; getting
in fights at bars, etc.
Not this time, but eventually, this guy will hurt someone. Your report of past
aggression and intentional attempts to hurt you will play a part in his
sentencing.
So, yes, I think it is very important to report these things. "What is not
measured is not managed." If no one ever speaks up, people will continue to
think they can get away with being dangerous a@@****s, and there won't be any
reports showing that bicyclists are being endangered. The anti-bike people will
say, "We did a search of police records and couldn't find any evidence of
bicyclists being harassed."
I'm sure when we all think about it, we know that it's not payback we are
looking for, but safety for ourselves and others on the road (or in life.)
Reporting incidents like this may not result in the guy being prosecuted for
what he tried to do to you, but it will be on the record if he continues to be
a danger to society. Even if nothing comes of this report, maybe, just maybe it
will scare the crap out of him to know that the police are taking this
seriously. Maybe his wife/parents/kids will find out and mete out justice at
home.
Sorry for what happened to you, and thanks for following through. It's
important that we each take the time to report stuff like this.
Robbie
On Mon, Jun 24, 2013 at 9:53 AM, Grant Foster <[email protected]> wrote:
So, today as I reflect on it I'm left wondering: What will happen to this guy?
What would happen if he would have pulled out a pistol and shot it at me,
hitting my bike and grazing my arm? Would he get a letter in the mail? Is that
a false comparison? What does 'press charges' mean? Is what he did considered
criminal?
>
>
>I'm interested in people's thoughts. Stay safe out there.
>
>Grant
>
>
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