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was the Officer correct (discussion)

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Old 11-16-12, 09:08 AM
  #1  
Jamesw2
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was the Officer correct (discussion)

Motorist, Man On Bicycle Get Into Argument
Police Tell Both To Be On Their Way

https://www.journal-topics.com/news/a...a4bcf6878.html
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Old 11-16-12, 09:26 AM
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IMO, cops should charge the cyclist. He admitted to throwing the coffee and there was physical evidence substantiating it. There was admission or proof as to whether the driver ran the stop sign. The cyclist said he did and the driver denied it.

It's never OK (legally) to retaliate.
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Old 11-16-12, 09:30 AM
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He said, she said. Nobody wins.
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Old 11-16-12, 09:34 AM
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Originally Posted by Jamesw2
Motorist, Man On Bicycle Get Into Argument
Police Tell Both To Be On Their Way

https://www.journal-topics.com/news/a...a4bcf6878.html
In this circumstance, yes, I think so. Although it sounds as if the motorist gave him justification to "run him in." As even after he was told to leave the scene, he continued to "argue" with the officer about the coffee on his "poor precious."

The irony is that it would have only taken him a few minutes to wipe the coffee up. Of course had HE obeyed law/rules of the road nothing would have happened to him.
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Old 11-16-12, 09:35 AM
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Based on the information in the story: I agree with the action of the officer.
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Old 11-16-12, 09:38 AM
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Police have better things to do.

Good decision.
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Old 11-16-12, 09:58 AM
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It sounds to me like the police said two idiots, no real harm done and chose not to waste any more time or resources. Good decision on their part.

My gut reaction is that you don't get to throw coffee at someone, regardless of the reason. I understand the anger, and I've been there, but, objectively, it's just not justified. As an officer on scene, I'd probably do what these guys did - say you're both morons and go about my day...but I'd be more likely to take action with the cyclist. That's actually an assault in my state. At a guess, the motorist was a jerkwad and his behavior is why the police let it be.
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Old 11-16-12, 12:00 PM
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Don't throw coffee at people yeah, but at the same time the driver is more concerned about coffee on his car than he is about almost severely injuring a human being. Both are wrong, and the cop had the right decision of course. Can't say I'd be drinking coffee while riding .. but also can't say I wouldn't be tempted to throw it at someone who almost killed me.

Pretty funny that's an actual "news article" tbh
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Old 11-16-12, 12:02 PM
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Was the cop right? For a he said she said situation with no damage, I'd say yes.

The motorist and cyclist are both lucky the cop didn't decide to cite both of them.
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Old 11-16-12, 12:10 PM
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Motorist sounds like a jerk, but I agree with the cop's decision.

What's all this 'never okay to throw coffee at a car' nonsense? Some guy almost kills another human being and suddenly a bit of coffee that takes two seconds to clean up is a big deal? F that. People who do stupid crap should have stuff thrown at them, maybe they'd be less inclined to do stupid crap in the future.
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Old 11-16-12, 12:12 PM
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Years ago, and things have gotten worse since then, I was out for a nice ride in the Sepulveda flood control basin. Lots of bike paths, but there is also a dirt road that runs next the the Los Angels River. I took that as a short diversion, free from other people.

I came across a recently stripped car, no wheels other parts gone....

I called it in. Took me a half hour to get through. Police did not want to take a report since I did not have a license plate number. Basically they did not have the time to deal with what was likely a stolen car, but with no leads.

Seems to me that in this context the officer did right. I wish the context was different so that taking both guys in would have been the right decission. But time spent on them is time taken away from muggings, robberies and murders.
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Old 11-16-12, 12:27 PM
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Originally Posted by kmv2
Don't throw coffee at people yeah, but at the same time the driver is more concerned about coffee on his car than he is about almost severely injuring a human being. Both are wrong, and the cop had the right decision of course. Can't say I'd be drinking coffee while riding .. but also can't say I wouldn't be tempted to throw it at someone who almost killed me.

Pretty funny that's an actual "news article" tbh
Running a stop sign without hitting someone is a traffic violation. The other action is, potentially, an assault. At the point where you're yelling at someone, stopping their car, etc...the person probably isn't going to be very receptive to your point. We've all been there; I've yelled, thrown things, etc. But if I were a cop, I wouldn't accept my behavior.

I carry coffee on my bike regularly...I use a Kleen Kanteen.
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Old 11-16-12, 12:35 PM
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cop just wanted his own coffee
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Old 11-16-12, 02:25 PM
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Cops did a good job.

Unfortunately at stop signs the old adage applies, it ain't breaking the law unless the police see you do it . Or, there's a dead cyclist on the hiway.

Frustrating situation. We've all been there. Best to let it go and pedal straight ahead. Easier said than done!
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Old 11-16-12, 04:20 PM
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Originally Posted by tom cotter
Cops did a good job.

Unfortunately at stop signs the old adage applies, it ain't breaking the law unless the police see you do it . Or, there's a dead cyclist on the hiway.
Untrue; no law was broken, he just didn't see him. Or thought he hit a deer. Or something.
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Old 11-16-12, 04:30 PM
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Originally Posted by Keith99
I called it in. Took me a half hour to get through. Police did not want to take a report since I did not have a license plate number. Basically they did not have the time to deal with what was likely a stolen car, but with no leads.
Being in an area like that is probably a mixed blessing. Around here the cops are a bit more like those in Alice's Restaurant - years with not enough to do, they'll respond to missing cat and littering calls. It's not quite like that here but some things that might get blown off in bigger areas do get follow ups here. Whether that's good or not depends on which side of the call you're on.
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Old 11-16-12, 05:46 PM
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Originally Posted by Looigi
IMO, cops should charge the cyclist. He admitted to throwing the coffee and there was physical evidence substantiating it. There was admission or proof as to whether the driver ran the stop sign. The cyclist said he did and the driver denied it.

It's never OK (legally) to retaliate.
I think, while the cops could have charged the cyclist with assault with a deadly weapon, it wouldn't stick. Because, How is the cyclist going to hold a a hot cup of coffee while cycling. Also, Not only that but, where would the cyclist have been able to get the coffee from and carry to the incident. The cyclist would have needed premeditation to accomplish. The cyclist would not have been carrying the coffee, to throw at the next miscreant motorist they came across.
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Old 11-16-12, 09:00 PM
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Originally Posted by Looigi
IMO, cops should charge the cyclist. He admitted to throwing the coffee and there was physical evidence substantiating it. There was admission or proof as to whether the driver ran the stop sign. The cyclist said he did and the driver denied it.

It's never OK (legally) to retaliate.
You must have read a different article than I did:

Police said the motorist was very uncooperative, ...
The motorist ... refused to tell police what happened before the coffee was thrown.
And for others, there was no he said / she said. The cyclist provided a witness statement to the motorist illegal actions and the motorist did not deny it. That would be sufficient to charge the motorist.

I had a motorist force me off the road. I provided a police statement, he took the 5th. He went to court and was convicted.
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Old 11-16-12, 09:52 PM
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Originally Posted by Looigi
It's never OK (legally) to retaliate.
It's not legal to retaliate but if nobody did, we would live in a world where the guy with the most money is always right (because he can afford the best legal team). A healthy amount of retaliation makes the world a much more considerate and safer place. Preferably everyone should have means to retaliate.
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Old 11-16-12, 11:30 PM
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Originally Posted by JonnyHK
Police have better things to do.

Good decision.
My thoughts exactly. Soon they'll be too busy breaking up fights at Toys R Us to deal with petty little traffic skirmishes...
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Old 11-17-12, 04:59 AM
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My gut reaction is that you don't get to throw coffee at someone, regardless of the reason. I understand the anger, and I've been there, but, objectively, it's just not justified. As an officer on scene, I'd probably do what these guys did - say you're both morons and go about my day...but I'd be more likely to take action with the cyclist. That's actually an assault in my state. At a guess, the motorist was a jerkwad and his behavior is why the police let it be.
The cop probably figured if he charged the cyclist with assault for throwing coffee, what's going to happen next time? Well I would guess that cyclist is going to figure next he might as well get his money's worth for that assault charge, and therefore he'll beat the next person into the pavement!!!
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Old 11-17-12, 05:38 PM
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Why would the cyclist admit to "throwing" the coffee. Another version would be"officer I was legally operating my bike when the Audi ran the traffic control device. When I manuevered the bike in a defensive manner the sudden force dislodged the coffee and the momentum and it heading towards the car where it finally rested."
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Old 11-17-12, 06:25 PM
  #23  
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The officer used the "play on" rule. Yes there were faults on both sides but the consequences were not severe enough to penalize either of them more than they already were. Both of them should reflect on the time they wasted playing games.

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Old 11-17-12, 06:34 PM
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Way too little objective information, only the subjective veiws of those involved, both of whom seem to be hotheads. Everyone makes mistakes behind the wheel or the handlebars (some more than others). As much as the driver made a fuss about coffee on his car, I doubt he was intentionally trying to cause a collission. Jackarse, probably, in the wrong, maybe, but in any case you don't get to throw coffee just because someone ticks you off. I think the officer handled it well.

Well I would guess that cyclist is going to figure next he might as well get his money's worth for that assault charge, and therefore he'll beat the next person into the pavement!!!
The charge mentioned was disorderly conduct, a misdemeanor. So this would be a brilliant suggestion, trading a misdemeanor in for a felony (beat him severely enough it might be a Class A felony), risking a civil suit and possible injury to yourself as well. These were grown men, not a couple of school yard brats. A little good sense and maturity on the parts of both parties would have helped the situation a lot.

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Old 11-17-12, 06:56 PM
  #25  
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The cop can't really cite to motorist. Even if he didn't deny it on the spot, surely he would later. The DA's office would be pissed at the cop for clogging up the docket. He could cite the cyclist - even if his story is wholly correct, he has no legal justification to retaliate. But as many have said, there's no real harm here and the driver is being obnoxious so there's zero incentive to take action on what would be considered an exceedingly minor charge. The same clogging the docket rationale applies. If there's no actual damage and the cop saw nothing, he's really just dealing with joint incivility. And we really don't need to have cops or courts wasting time on incivility.
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