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How would you charge this?

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  • How would you charge this?

    Motorcyclist tries to pass pickup truck on a two lane road.

    Truck swerves into oncoming lane and tries to squeeze motorcycle out, but eventually motorcycle gets by. Motorcyclist took a picture:

    Truck by tanksoldier123, on Flickr

    Pickup truck driver did the same thing to another motorcyclist who was in front of the one who took the picture.

    Would you charge this as a traffic offense, reckless driving, etc... or as a persons-type crime: felony menacing or reckless endangerment?

    ETA: Not my case, or one in my jurisdiction, just curious how it would be handled in different areas.
    Last edited by tanksoldier; 05-22-2014, 12:47 AM.
    "I am a Soldier. I fight where I'm told and I win where I fight." -- GEN George S. Patton, Jr.

    "With a brother on my left and a sister on my right, we face…. We face what no one should face. We face, so no one else would face. We are in the face of Death." -- Holli Peet

  • #2
    Reckless driving here (arrest or citation an option) . Court appearance required.

    Comment


    • #3
      If the bike operator can articulate an attempt to strike him with the truck, Assault with a Deadly Weapon in my state, especially after the other attempt with the second bike.

      The problem is going to be identifying the driver.
      Going too far is half the pleasure of not getting anywhere

      Comment


      • #4
        Would have been interesting had I been the one on the motorcycle. I'd have a device other than a camera in my hand.
        Getting shot hurts! Don't under estimate the power of live ammo. A .22LR can kill you! I personally feel that it's best to avoid being shot by any caliber. Your vest may stop the bullet, but you'll still get a nice bruise or other injury to remember the experience.

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        • #5
          The driver of the truck made a decision to move over. I'll second reckless driving. Think about if you (the officer) saw this occur: 90% would cite/arrest reckless. I wouldn't go down the assault route unless there was some extenuating circumstance (parties know each other, were just engaged in a dispute/argument/fight). If they did know each other or were related, I'd arrest for Reckless Driving - DV.

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          • #6
            I'd give him a ticket for fail to keep left of centre (right of centre using your weird road rules) and one for increase speed when being overtaken if that was relevant.

            Comment


            • #7
              I'd take it to the prosecutor and say, "what do you want to do with this?"

              Comment


              • #8
                Originally posted by just joe View Post
                I'd take it to the prosecutor and say, "what do you want to do with this?"
                I wish we could do that. Our prosecutors openly admit that they consider any day where they have to do more than pick up a brief and read out a summary as a bad day at work.

                Comment


                • #9
                  Can the motorcycle rider articulate he was in imminent fear of injury/death from the truck driver's intentional action? If so, I charge truck driver with agg. assault and let the state attorney decide if they want to adjust it. If the rider says he felt the guy was just being a dick and he never felt in danger, I cite driver for the reckless.

                  Comment


                  • #10
                    Felony ADWIK, Careless and Reckless, Failure to maintain lane.

                    Let the DA decide if they want to drop/reduce any of them.

                    Comment


                    • #11
                      What is the rest of the story?
                      September 11, 2001 - All gave some, some gave all. Never forget -- Never forgive.......... RIP Brothers and Sisters.

                      Comment


                      • #12
                        Iowa Code

                        321.297 DRIVING ON RIGHT-HAND SIDE OF ROADWAY --
                        EXCEPTIONS.
                        1. A vehicle shall be driven upon the right half of the roadway
                        upon all roadways of sufficient width, except as follows:

                        a. When overtaking and passing another vehicle proceeding in
                        the same direction under the rules governing such movement.
                        b. When an obstruction exists making it necessary to drive to
                        the left of the center of the roadway, provided, any person so doing
                        shall yield the right-of-way to all vehicles traveling in the proper
                        direction upon the unobstructed portion of the roadway within such
                        distance as to constitute an immediate hazard.
                        c. Upon a roadway divided into three marked lanes for traffic
                        under the rules applicable thereon.
                        d. Upon a roadway restricted to one-way traffic.
                        2. Any vehicle proceeding at less than the normal speed of
                        traffic at the time and place and under the conditions then existing
                        shall be driven in the right-hand lane then available for traffic
                        upon all roadways, or as close as practicable to the right-hand curb
                        or edge of the roadway, except when overtaking and passing another
                        vehicle proceeding in the same direction or when preparing for a left
                        turn at an intersection, an alley, private road or driveway.
                        3. A vehicle shall not be driven upon any roadway having four or
                        more lanes for moving traffic and providing for two-way movement of
                        traffic, to the left of the center line of the roadway, except when
                        authorized by official traffic-control devices designating certain
                        lanes to the left side of the center of the roadway for use by
                        traffic not otherwise permitted to use such lanes, or except as
                        permitted under subsection 1, paragraph "b". This subsection
                        shall not be construed as prohibiting the crossing of the center line
                        in making a left turn into or from an alley, private road, or
                        driveway.
                        Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

                        My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

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                        • #13
                          ADW with a vehicle here in CA....

                          We don't 'take things to the DA' here before an arrest most of the time....if I have PC to arrest for XYZ, they go to jail for XYZ...up to the DA to run the ball from there
                          The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

                          "Politicians are like diapers. They need to be changed often and for the same reason"

                          "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

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                          • #14
                            Originally posted by L-1 View Post
                            If the bike operator can articulate an attempt to strike him with the truck, Assault with a Deadly Weapon in my state, especially after the other attempt with the second bike.

                            The problem is going to be identifying the driver.
                            Def an ADW - 245(a)(1)PC - in CA

                            Comment


                            • #15
                              Citation for Unsafe Lane Deviation:

                              346.13  Driving on roadways laned for traffic. Whenever any roadway has been divided into 2 or more clearly indicated lanes, including those roadways divided into lanes by clearly indicated longitudinal joints, the following rules, in addition to all others consistent with this section, apply:
                              (1) The operator of a vehicle shall drive as nearly as practicable entirely within a single lane and shall not deviate from the traffic lane in which the operator is driving without first ascertaining that such movement can be made with safety to other vehicles approaching from the rear.

                              Comment

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