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  • A random scenario I wondered about.

    First off, None of this has happened. I was simply reading another forum and a few jokes were passed around and I started to wonder.

    Two questions, about almost the same scenario.

    In this scenario, Two people are riding one motorcycle. The passenger of the motorcycle for whatever reason, hits and knocks off a motorists side view mirror. The motorist starts following the motorcycle, and the operator of the motorcycle believes his life is in danger, so he speeds off.

    Down the road, an officer witnesses the motorcyclists speeding, and initiates a traffic stop, and the operator of the vehicle which the passenger knocked the mirror off of stops as well.

    What, if anything; would the operator of the motorcycle be charged with if he had reason to fear for his life?



    Second, If the operator of the other vehicle doesn't stop; What, if anything would the operator and passenger of the motorcyclist be charged with?

    I understand discretion applies to the speeding, but in the first scenario, Would the operator be charged with any type of fleeting attempt from a crime?

    in the second scenario, with the absence of an accuser, if the operator tells the story, and the passenger denies it's authenticity, What would be the outcome of that?



    I'll be honest. I haven't done a search yet, But I lurk here every so often and haven't spotted a similar topic, If I'm mistaken I apologize and would appreciate being told I am.

  • #2
    Originally posted by Zenkodrai View Post
    First off, None of this has happened. I was simply reading another forum and a few jokes were passed around and I started to wonder.

    Two questions, about almost the same scenario.

    In this scenario, Two people are riding one motorcycle. The passenger of the motorcycle for whatever reason, hits and knocks off a motorists side view mirror. The motorist starts following the motorcycle, and the operator of the motorcycle believes his life is in danger, so he speeds off.
    Leaving the scene of an accident. If the passenger knocked it off on purporse, then it would also be Malicious Destruction of Property.


    Originally posted by Zenkodrai View Post
    Down the road, an officer witnesses the motorcyclists speeding, and initiates a traffic stop, and the operator of the vehicle which the passenger knocked the mirror off of stops as well.

    What, if anything; would the operator of the motorcycle be charged with if he had reason to fear for his life?.
    Speeding ticket & see above. He would have to articulate why he thought his "life was in danger".... I wouldn't buy his story and ticket/arrest him.


    Originally posted by Zenkodrai View Post

    Second, If the operator of the other vehicle doesn't stop; What, if anything would the operator and passenger of the motorcyclist be charged with?

    I understand discretion applies to the speeding, but in the first scenario, Would the operator be charged with any type of fleeting attempt from a crime?

    in the second scenario, with the absence of an accuser, if the operator tells the story, and the passenger denies it's authenticity, What would be the outcome of that??.
    This "sentence" doesn't make a whole lot of sense to me. If he doesn't stop for me then he also gets arrested for fleeing and eluding. If there is no "accuser" then how would I know he committed a crime or got into an accident? Like in every scenerio we use our COMMON SENSE and the EVIDENCE we have to figure out what is going on and who is telling the truth.

    Comment


    • #3
      Originally posted by Michigan View Post
      Leaving the scene of an accident. If the passenger knocked it off on purporse, then it would also be Malicious Destruction of Property.


      Originally posted by Michigan View Post

      Speeding ticket & see above. He would have to articulate why he thought his "life was in danger"...
      Operator of the motorcycle pulls over to the side to stop, Motorist tries to run him off the road.


      Originally posted by Michigan View Post

      This "sentence" doesn't make a whole lot of sense to me. If he doesn't stop for me then he also gets arrested for fleeing and eluding. If there is no "accuser" then how would I know he committed a crime or got into an accident? Like in every scenerio we use our COMMON SENSE and the EVIDENCE we have to figure out what is going on and who is telling the truth.
      He stops for the officer, The motorist of the vehicle that was assaulted, and isn't part of the traffic stop continues. The operator explains why he was speeding, the passenger denies it.
      With a lack of evidence, The operator gets a ticket?

      Comment


      • #4
        In Ohio the car driver can file a criminal complaint against the MC passenger. Thebroken mirror on the car is evidence. Yes, the MC driver can and probably would be cited.

        Comment


        • #5
          Yes the operator would get a ticket...if his buddy on the back isn't even going to back his story up I'm going to think he's full of crap and he's getting a ticket...makes no sense for the person who's mirror that got knocked off doesn't stop.

          Comment


          • #6
            Passenger would be cited for Unlawful Mischief and operator written up for the speeding violation. I agree with Hotsoup, makes no sense for the driver of the car not to stop. I also may charge the operator of the motorcycle with Unlawful Mischief if he new his passenger did this. I drive a motorcycle and you have to get fairly close in order for your passenger to knock off a side mirror of a car, with that being said, operator had a part in this and knew his passenger was going to do it.

            Comment


            • #7
              I would cite the motorcycle operator for: Speeding, Hit and Run (PDO) and possibly Reckless Driving. Plain and simple the operator off the motorcycle struck the car with a part of the vehicle (the passenger) and is required to stop and exchange information. The operator of the car would also get cited for speeding and if he admitted to having the license plate number and continued to chase I'd give his stupid A** a citation for Reckless Driving. This is one that a fat guy with a black robe and hammer can play with. I really don't tolerate stupidity too much.
              Second scenario:no victim = no crime. I'd check the dispatch log for a call, get cyclist's info and check again for a cad entry. No entry no problem. I'm not gonna ride around looking for a car without a mirror. Probably find a thousand of them.

              Comment


              • #8
                Did the officer touch the tail light of both vehicles when he approached?
                "Somewhere a True Believer is training to kill you. He is training with minimum food or water, in austere conditions, day and night. The only thing clean on him is his weapon. He doesn't worry about what workout to do---his rucksack weighs what it weighs, and he runs until the enemy stops chasing him. The True Believer doesn't care 'how hard it is'; he knows he either wins or he dies. He doesn't go home at 1700; he is home. He knows only the 'Cause.' Now, who wants to quit?"

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                • #9
                  I would do my own research and homework if I was expecting to get a passing grade...
                  It's not the will to win that matters...everyone has that. It's the will to prepare to win that matters.
                  Paul "Bear" Bryant

                  Comment


                  • #10
                    Originally posted by hobbsie711 View Post
                    Did the officer touch the tail light of both vehicles when he approached?
                    And did he have his hat on?
                    "a band is blowing Dixie double four time You feel alright when you hear the music ring"


                    The real deal

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                    • #11
                      Originally posted by SGT53 View Post
                      Passenger would be cited for Unlawful Mischief and operator written up for the speeding violation. I agree with Hotsoup, makes no sense for the driver of the car not to stop
                      .

                      Who knows, Perhaps he had an unextraditable bench warrant from another state, but he happened to visit O.com so he didn't want to risk it.


                      Originally posted by SGT53 View Post
                      I also may charge the operator of the motorcycle with Unlawful Mischief if he new his passenger did this. I drive a motorcycle and you have to get fairly close in order for your passenger to knock off a side mirror of a car, with that being said, operator had a part in this and knew his passenger was going to do it.
                      Lets say the rider was cruising along and the motorist attempted to merge into their lane?


                      Thank you all for your contributions and views on this hypothetical question.







                      Originally posted by oneoldcop View Post
                      I would do my own research and homework if I was expecting to get a passing grade...
                      School is indeed in the future, However. I'm currently not a student.

                      Comment


                      • #12
                        Was the officer wearing mirrored sunglasses or smoke tint? Generic or name brand?

                        If you add a couple more what if's, and and's...I'll give it a stab. Reminds me of a line in a movie....this one time in band camp....
                        Calling an illegal alien an "undocumented immigrant" is like calling a drug dealer an "unlicensed pharmacist"

                        Comment


                        • #13
                          OK, I'm going to attempt to keep this simple, as to the original question asked. Passenger: If the act was intentional, Criminal Mischief..in the degree appropriate to the article damaged/destroyed. Driver: Unlawful speed

                          Comment


                          • #14
                            Originally posted by BigDog4907 View Post
                            Was the officer wearing mirrored sunglasses or smoke tint? Generic or name brand?

                            If you add a couple more what if's, and and's...I'll give it a stab. Reminds me of a line in a movie....this one time in band camp....
                            What if one lense was mirrored, and one was smoke tint, the lenses were generic and the frames were name brand?

                            Comment


                            • #15
                              Did the one on the motorcycle have his traffic vest on? Because if he didn't have it on, this throws the whole thing off. If he was eastbound, then well, you definitely have to cite him. This sounds like a whole lot of boring for someone who does not have to worry about it right then and there. You should have stopped right away and taken responsibility, and never do that again.

                              Comment

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