Not that I've ever faced a situation quite like this, but my understanding of police procedure in many other situations is that that they (the police) are seldom the ones to press charges. If you allege that someone did something harmful/threatening/illegal then you must decide to file charges and press the issue in order for the police to pursue it. If you now know who this person is and what vehicle he drives then it is up to you to formally file charges. I don't law well enough to say how you articulate those charges but one strong thing you have going for you is the group of witnesses who saw first hand what happened between you and the driver. It may be worth it to consider retaining a lawyer to work on your behalf - I know that some specialize in ped/bike injury and their fees may be based solely on winning the case.
Just my 2 cents based on other situations that I've had to manage. Brad H. On Tue, Jun 25, 2013 at 1:46 PM, Mike Bachhuber <[email protected]>wrote: > 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 > > > _______________________________________________ > Bikies mailing list > [email protected] > http://lists.danenet.org/listinfo.cgi/bikies-danenet.org > > > > _______________________________________________ > Bikies mailing list > [email protected] > http://lists.danenet.org/listinfo.cgi/bikies-danenet.org > >
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