Would you cite?

[JustAJ]

OK, a while back my bud links me a video from "the snake" aka Mulholland out here in my area. The video is this one:

http://www.youtube.com/watch?v=oBTGg...eature=channel


Now, clearly he lost control of the bike, hence the crash. But it was also pretty clear he was reacting to the CHP as he came around the curve. It does not appear that he was going too fast for the corner, but he certainly pulled WAY too much front brake when he saw the cruiser.

I think it could go both ways, although at the end of the day I think it was the guy's fault. Even if he wasn't speeding, he had a paranoid reaction when he saw the unit. I've passed many a CHP unit on that road, and I've never once overreacted like that. I do, of course, check my speedo to make sure my throttle hand is in check, but the speed limit up there is good enough to keep the road fun without going all Ricky Racer.

The guy did lose control of the bike, but it appears that there was an external factor (CHP cruiser) that caused a bad decision (grab all the front brake) resulting in the bike meeting the pavement in a bad way. The MC crowd is pretty torn as well, but the majority take the stance of the cruiser should not have parked in that exact spot. The flip side to that is that I don't think that there is a restriction on where units running traffic enforcement set up / park, so the CHP had every reason to be there. Especially since that's a well known "run" spot where the few idiots who fail to stop usually try to lose the pursuers.

But I digress. My question is, as the title says, if YOU were the officer on the scene, assusming that the guy had proper endorsement, registration, insurance, etc. would you cite for failing to maintain control? Further, if you actually ARE that officer, or know them, can you shed some light on whether the guy was cited, and if so what for?

[L-1]

The guy did lose control of the bike, but it appears that there was an external factor (CHP cruiser) that caused a bad decision (grab all the front brake) resulting in the bike meeting the pavement in a bad way. The MC crowd is pretty torn as well, but the majority take the stance of the cruiser should not have parked in that exact spot.

That was pretty creative, but no matter how you spin it, he still needs to drive at a speed that is reasonable and prudent enough to allow him to compensate for simple distractions (like a police car) without crashing.

It's been a few years since I retired so I don't know current policy, but I don't believe a citation would be issued in this instance. Instead, I believe "Driving at an Unsafe Speed for Conditions" would be listed as the primary collision factor on the accident report if one is done.

[PhilipCal]

Once again we have a poster who, however creative he is in his narrative seems to want us to second guess the actions of another Officer. Isn't going to happen. L-1 is 100% correct as to the primary collision factor. At the end of the day two basic factors enter the decision to cite/not cite. Agency policy and the degree of Officer discretion allowed within that policy.

[SRT936]

I would gladly write that jackwagon a ticket for Failure to Maintain Control. If you're going to ride the fast fancy toys, you can afford to pay the piper when the time comes.

[jeffIL]

OK, a while back my bud links me a video from "the snake" aka Mulholland out here in my area. The video is this one:

http://www.youtube.com/watch?v=oBTGg...eature=channel


Now, clearly he lost control of the bike, hence the crash. But it was also pretty clear he was reacting to the CHP as he came around the curve. It does not appear that he was going too fast for the corner, but he certainly pulled WAY too much front brake when he saw the cruiser.

I think it could go both ways, although at the end of the day I think it was the guy's fault. Even if he wasn't speeding, he had a paranoid reaction when he saw the unit. I've passed many a CHP unit on that road, and I've never once overreacted like that. I do, of course, check my speedo to make sure my throttle hand is in check, but the speed limit up there is good enough to keep the road fun without going all Ricky Racer.

The guy did lose control of the bike, but it appears that there was an external factor (CHP cruiser) that caused a bad decision (grab all the front brake) resulting in the bike meeting the pavement in a bad way. The MC crowd is pretty torn as well, but the majority take the stance of the cruiser should not have parked in that exact spot. The flip side to that is that I don't think that there is a restriction on where units running traffic enforcement set up / park, so the CHP had every reason to be there. Especially since that's a well known "run" spot where the few idiots who fail to stop usually try to lose the pursuers.

But I digress. My question is, as the title says, if YOU were the officer on the scene, assusming that the guy had proper endorsement, registration, insurance, etc. would you cite for failing to maintain control? Further, if you actually ARE that officer, or know them, can you shed some light on whether the guy was cited, and if so what for?

I'm not sure why some in the crowd think he shouldn't be parked there, other than they don't want to get caught speeding. He appears to be parked off the roadway. It shouldn't matter to them if he is there or not.

[Michigan]

Yup .

[zhakkar]

If it happened here, absolutely...

321.288 CONTROL OF VEHICLE -- REDUCED SPEED.
A person operating a motor vehicle shall have the vehicle under
control at all times and shall reduce the speed to a reasonable and
proper rate:
1. When approaching and passing a person walking in the traveled
portion of the public highway.
2. When approaching and passing an animal which is being led,
ridden, or driven upon a public highway.
3. When approaching and traversing a crossing or intersection of
public highways, or a bridge, sharp turn, curve, or steep descent, in
a public highway.
4. When approaching and passing an emergency warning device
displayed in accordance with rules adopted under section 321.449, or
an emergency vehicle displaying a revolving or flashing light.
5. When approaching and passing a slow moving vehicle displaying
a reflective device or alternative reflective device as provided by
section 321.383.
6. When approaching and passing through a sign-posted road work
zone upon the public highway.



And.... I would enjoy every second of writing him the citation, plus I'd have a great story to tell at breakfast!

[BigDog4907]

Yep, I would cite him in a second. What if the bicycle had been on that curve instead of the previous curve and jerk off wipes him out? How about that cop car is up just a little further on a traffic stop or helping a broken down motorist and the bike slams into them?

For whatever reason, people seem to belive that if they crash and by an act of God nobody else is involved we should call it a lesson learned.

[JustAJ]

Once again we have a poster who, however creative he is in his narrative seems to want us to second guess the actions of another Officer. Isn't going to happen. L-1 is 100% correct as to the primary collision factor. At the end of the day two basic factors enter the decision to cite/not cite. Agency policy and the degree of Officer discretion allowed within that policy.

I am absolutely not asking anyone to second guess anything. As I posted, I don't know the rider, and I don't know if he was cited for anything. I was looking for a general concensus on whether you would cite if you were that officer, knowing that officer discretion and department policy play a role in the outcome.

[JustAJ]

I'm not sure why some in the crowd think he shouldn't be parked there, other than they don't want to get caught speeding. He appears to be parked off the roadway. It shouldn't matter to them if he is there or not.

Agreed 100%. The 2 sides of the argument are:

1. CHP caused it by parking in that curve.
2. Rider caused it by overreacting to the CHP presence and locking the brakes.

While it is clear that the guy reacted to the CHP presence, he did everything wrong and wrecked out. Hope he had good insurance. And I vote #2.

[PhilipCal]

I am absolutely not asking anyone to second guess anything. As I posted, I don't know the rider, and I don't know if he was cited for anything. I was looking for a general concensus on whether you would cite if you were that officer, knowing that officer discretion and department policy play a role in the outcome.

The narrative and phrasing of your post, although well written, suggest otherwise. Read it once more. But, in the spirit of the season I'll offer you this. Even had I not cited, I would have indicated" speed too fast for conditions" as the primary colllision factor.

[t150vsuptpr]

This is just so funny!

The guy did lose control of the bike, but it appears that there was an external factor (CHP cruiser) that caused a bad decision

Discretion? Policy? Clear case of Reckless Driving here, the police car was NOT parked on the traveled portion of the roadway ... he was a good 5 feet off the roadway on the other side of the roadway. You can say what you want, but that LEO presented absolutyely NO obstruction to any user of that roadway.

Doofas rider just needs to learn a lesson. He was using the roadway as a personal race course, he was not using it with the idea that maybe others were using it.

I ride, but I woud not want that idiot around me, nor any of those who posted in his support below that video.

[PC Plum]

Pity we can't see the size of the grin on the face of the bloke in yellow as he cycles passed the scene!

Judging by the you tube postings of various car and motorcycle crashes on that stretch of road, it should be expected that the cops will be sat there!

[School Cop]

That video was seven degrees of awesome.

[ryker]

Press hard 4 copies.