How would you charge this?

[tanksoldier]

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.

[MIDWAY]

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

[L-1]

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.

[HI629]

Would have been interesting had I been the one on the motorcycle. I'd have a device other than a camera in my hand.

[TrafficOpsCom3]

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.

[Mulgrave600]

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.

[just joe]

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

[Mulgrave600]

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.

[elchorizo]

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.

[AppState]

Felony ADWIK, Careless and Reckless, Failure to maintain lane.

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

[So Fla Cop]

What is the rest of the story?

[Iowa #1603]

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.

[LA DEP]

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

[Ultimate86]

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

[AI_guy]

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.