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What would you do? (scenario)

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  • What would you do? (scenario)

    You get a call and atthe traffic stop you view this tape that the motorcyclist shows you.

    Would you charge the guy in the red truck for anything? I'm sure you would charge both parties because the bikers were speeding and passed a double sided line.

    Been chatting to a girl online. She's funny, sexy and flirty. Now she tells me she is an undercover cop! How cool is that at her age!?

  • #2
    Not an officer, but California 245(a)(1)PC comes to mind. Charge for attempted ADW.

    Any person who commits an assault upon the person of
    another with a deadly weapon or instrument other than a firearm or by
    any means of force likely to produce great bodily injury shall be
    punished by imprisonment in the state prison for two, three, or four
    years, or in a county jail for not exceeding one year, or by a fine
    not exceeding ten thousand dollars ($10,000), or by both the fine and
    imprisonment.

    Comment


    • #3
      Not an officer either but honestly I saw some pretty stupid moves on both parties. First the bikes were travelling in excess of the posted speed limit when they came up behind the truck. Then the first bike passes him across the double yellow line. Now does that give the truck driver the right to do what he did? No! If you are mad that people on bikes ride like maniacs on the roads around your house then call the local PD and let them know so that they can do some enforcement. Honestly if I was the officer who arrived to take the report I would cite the first biker for passing in a no passing zone, not for speeding because there is not a way for me to tell based on the video exactly how fast they were going. I would then charge the truck driver with Agg. assault and the numerous times he crossed the double yellow, probably reckless driving etc. People need to understand that even if they feel like what someone is doing they can't take the law into their own hands like this guy did. Let the boys / girls in blue deal with it.
      "I'm sorry, did you see my care face? Because I'm pretty sure I didn't show it to you becuase I DON'T care. Have a nice day. "

      Comment


      • #4
        The first motorcycle driver made a passing maneuver in a no passing zone.

        The pickup driver responded in a potentially homicidal manner.

        If it were up to me, the first motorcycle driver would be noted for having driven like a jackass, but exonerated for the maneuvers he engaged in during his escape from the wrath of the pickup driver, given that he was legitimately trying to preserve his very life, and the second motorcycle driver would be exonerated for his having exceeded the speed limit given that he was trying to look out for his buddy and document serious crime in progress, and the pickup driver would be locked up in the slammer for multiple counts of vehicular assault.

        Comment


        • #5
          In my county - due to the fact that the deputy did NOT witness any of it first hand (which is a requirement BY LAW) - here's what would have happened:

          - he would have arrived, listened to both b*tch about how they were both in the right and the other was in the wrong.
          - he would have written a general information report to CYA.
          - no charges would have been filed.

          What's the lesson here? Don't drive like an a**. Just because you're on a motorcycle doesn't give you the right to disobey traffic laws. Makes you wonder why they were videotaping in the first place - probably because they planned on doing some REALLY stupid things on their bikes to post it on YouTube. It doesn't exonerate the guy in the truck, but being upset about what he did and actually proving that he committed a crime are 2 completely different things. To me it looked like it was a case of careless driving (he was drifting over due to not paying attention) and he was upset that the motorcycle almost hit him so he was trying to get the plate; and if I can come up with that, so can any half-a** defense attorney; and therefore the DA won't authorize on charges. You have to prove INTENT to commit the crime. Again - none of that would have happened if the guy on the motorcycle would have obeyed the traffic laws in the first place. That's like being upset that you punched me in the face after I spit at you. Well, according to the law, we're both wrong, and we both committed a crime.

          I especially love how they both got on their cell phones to whine to the police and plead their case to the dispatcher like that is going to make a difference.
          Originally posted by RSGSRT
          We've reached a point where natural selection doesn't have a chance in hell of keeping up with the procreation of imbeciles.
          Why is it acceptable for you to be an idiot, but not acceptable for me to point it out?

          Comment


          • #6
            Passing on a double yellow, although stupid, is not a felony. The police would not be able to do anything about it since it did not occur in their presence. IMO-The driver of the pickup however, could be looking at 245PC ADW. With the video evidence, coupled with whatever statements he made(showing intent) when he got out of the truck, may seal the deal.

            I'm not a police officer, and this is just a guess. I'm also evaluating this as if it were in California.

            Comment


            • #7
              Thanks. now I have motion sickness after seeing that.


              The driver of the truck I feel needs some type aggravated assault/attempted murder charge. Its something I would have notified one of our glorious investigators about to make that determination. If nothing else I would generate a report and stroke out a few reckless driving tickets to everyone who was driving like idiots including the motorcycles.

              Last month wrote a motorcycle driver a reckless driving ticket for driving almost as reckless as those bikes in the video. I wrote it to alter his future driving habits in hopes it would save his life. On the court date his father showed and said his son is unable to make the court date because he is admitted in the hospital because he lost his leg in a motorcycle accident. His father ended up paying the entire ticket.
              Last edited by DeputySC; 05-28-2011, 01:24 PM.

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              • #8
                In NYS, Attempted Assault 1st.

                Attempted Murder is more appropriate, but then again, this is the great liberal State of New York where we don't even charge an arsonist who intentionally sets both entrances of a house on fire, knowing that there are women and children inside, with Attempted Murder.

                -V

                Comment


                • #9
                  This video reinforces my belief that people in this country will devour one another if the thought of incarceration was not there. This crap isnt road rage this hillbilly driving the pickup was all for killing the motorcycle riders. sick

                  Comment


                  • #10
                    Motorcycle Driver:

                    Speeding, Illegal Passing, Reckless Driving. All are traffic offenses.

                    Red Truck Guy:

                    Left of Center, Recklessly Endangering Safety. The Reckless Endangerment charge is a felony.
                    Originally posted by kontemplerande
                    Without Germany, you would not have won World War 2.

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                    • #11
                      After viewing the video I would have gone 245(a)(1)PC on the driver of the truck. Might have tacked on another charge for holding the pipe?? in his hand.

                      Well what was the outcome?
                      Budda sat in front of a wall and when he stood up he was enlightened. I sat in front of a wall and when I stood up the wall was enlightened.


                      We forge our skills in the fire of our will.

                      Comment


                      • #12
                        From what I heard, the police took a report and neither got cited and nothing is being done about it right now. I can't find a story anywhere else though
                        Been chatting to a girl online. She's funny, sexy and flirty. Now she tells me she is an undercover cop! How cool is that at her age!?

                        Comment


                        • #13
                          Originally posted by Jiu-Jitsu Cop View Post
                          After viewing the video I would have gone 245(a)(1)PC on the driver of the truck. Might have tacked on another charge for holding the pipe?? in his hand.
                          Would you go 417(a)(1)PC for the pipe? When I saw him pull that out, I thought ish was about to go down. I think the DA would drop the charge for 417 if he could articulate that he was fearful for his safety when they all stopped on the side of the road.

                          417 (a) (1) Every person who, except in self-defense, in the
                          presence of any other person, draws or exhibits any deadly weapon
                          whatsoever, other than a firearm, in a rude, angry, or threatening
                          manner, or who in any manner, unlawfully uses a deadly weapon other
                          than a firearm in any fight or quarrel is guilty of a misdemeanor,
                          punishable by imprisonment in a county jail for not less than 30
                          days.

                          Comment


                          • #14
                            I agree w/aerohead. You have to show more than the guy moving over in the lane to get an ADW. I would have liked to see the video of when the PD showed up. The MC probably didnt like the outcome or what they had to say so he doesnt show that part. If they had started giving me a problem at the scene I probably would have wrote them all for reckless and confiscated the recording as evidence.

                            Also, the video states this is a rode that many motorcyclist like to ride. I'm sure they do. I would too. But when I'm riding my Harley at a nice, safe speed I dont need one of these bumblebee sounding jerkwads flying by me either.
                            "Lay there and bleed awhile before you feel some real pain."

                            "Have a cup of coffee, a pall mall, and relax!"

                            Comment


                            • #15
                              Originally posted by Aerohead View Post
                              In my county - due to the fact that the deputy did NOT witness any of it first hand (which is a requirement BY LAW) - here's what would have happened:

                              - he would have arrived, listened to both b*tch about how they were both in the right and the other was in the wrong.
                              - he would have written a general information report to CYA.
                              - no charges would have been filed.
                              You have to be kidding me.

                              This isn't a traffic infraction. This is attempted murder or assault with a deadly weapon, and it's on tape.

                              Based on what you stated, if the police find a dead body they will not investigate a murder because an officer did not witness the crime? If 7-11 gets knocked over the police won't charge the guy who smiled at the security camera while holding the gun?

                              Something doesn't fit here. Help me out.

                              Comment

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