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Just another angry driver story

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Old 10-28-16, 08:16 AM
  #1  
lubes17319
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Just another angry driver story

Originally Posted by KGTC
"CARLSBAD, Calif. (KGTV) - A California radio host claims he was knocked off his bike by an angry driver during a charity run and is upset that police didn't arrest the suspect. "
Angry driver knocks radio host off his bicycle during California charity ride - 7NEWS Denver TheDenverChannel.com

Of course, no charges were brought.
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Old 10-28-16, 09:06 AM
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This one is horrid. The police calling it a non-injury collision is too bizarre to believe. To my eyes. totally assault with a deadly weapon. Unless there is more to this story than meets the eye, but I don't really see how.
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Old 10-28-16, 09:38 AM
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Would the cop have arrested the driver if he had hit another car???
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Old 10-28-16, 09:52 AM
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Originally Posted by rydabent
Would the cop have arrested the driver if he had hit another car???
Cars are not bikes (no safety cage, no seatbelt, no airbags, ... )

The suspension period authorized under this section for an
assault commonly known as "road rage," shall be six months for a
first offense
Reference:
CA Codes (veh:13200-13210)
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Old 10-28-16, 09:55 AM
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The cop definitely would have shot the guy had he been standing in the roadway and the guy gunned the truck toward him. I don't see why this isn't being treated as vehicular battery.
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Old 10-28-16, 10:39 AM
  #6  
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As an aside... did anyone happen to notice the quality of the roads shown when they were showing video of Sully's partner? The cracks, the broken pavement... in some areas in San Diego area, there are huge cracks in the road... justification for taking the lane.
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Old 10-28-16, 11:12 AM
  #7  
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Originally Posted by Hypno Toad
Cars are not bikes (no safety cage, no seatbelt, no airbags, ... )
Right, so this should be treated much more seriously than if he had rammed another car.
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Old 10-28-16, 11:15 AM
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Originally Posted by ItsJustMe
Right, so this should be treated much more seriously than if he had rammed another car.
+1! That was the point I was hoping to make.
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Old 10-28-16, 11:19 AM
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Wow, this was no accident. It was a calculated and malicious assault!
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Old 10-28-16, 11:55 AM
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Non-injury

Originally Posted by howsteepisit
This one is horrid. The police calling it a non-injury collision is too bizarre to believe. To my eyes. totally assault with a deadly weapon. Unless there is more to this story than meets the eye, but I don't really see how.
It depends on how determined the police officer is. When a teenager hit me in a parking lot (too much damage to ride bike home, teenager drove off), the police officer initially asked if I was injured. I said yes, and told him lots of bruises and pain when he asked how. He then asked if I wanted to go to a hospital. No hospital meant he wrote the report as "no injuries". I later asked a police officer on the state bicycle council about this - he said the report made no sense whatsoever. Hitting someone hard enough to knock them to the ground and do that much damage to the bike has to cause injuries.

Of course, the original officer said the teenager did not commit "hit and run", it was "leaving the scene of an accident". I have no problem identifying the correct offense, but the officer did not cite him for any offense at all.

In short, due to lack of training or bias the police can call it whatever they want, especially if they don't expect bicyclists to be riding on roads, in the winter, or any time or place they would not choose to ride.
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Old 10-28-16, 01:19 PM
  #11  
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That's a twist. Usually radio hosts are the ones advocating running over bicyclists.
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Old 10-28-16, 02:46 PM
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Originally Posted by eff-J
That's a twist. Usually radio hosts are the ones advocating running over bicyclists.
San Diego seems to be a danger zone for radio show cyclists; this is at least the second similar type incident.

1:50 p.m. April 16, 2007
SAN DIEGO – KPBS radio host Tom Fudge was seriously injured Monday morning after being hit by a vehicle while riding his bicycle to work.
SignOnSanDiego.com > News > Metro -- KPBS radio host seriously injured on bike
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Old 10-28-16, 03:14 PM
  #13  
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Originally Posted by rydabent
Would the cop have arrested the driver if he had hit another car???
If he intentionally rammed another car in a fit of rage? Uh, yeah.
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Old 10-28-16, 06:45 PM
  #14  
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Here, at least, it's a free-be if EMS responds. You only pay if you are transported, which you can decline. That way you have some documentation of your medical status.

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Old 10-28-16, 07:05 PM
  #15  
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Discounting the hyperbole about ADW and attempted murder, it's still simple assault t the very least, and there should have been an arrest on that charge. Let the driver argue in court hat his foot slipped off the accelerator or whatever.

It's not a collision without injury if there's intent, which makes it an assault.

I don't know California law or procedure, but in New York, the victim can still file an assault complaint, which may result in an arrest later on. It would b especially helpful if a police officer were a witness. However these kinds of cases often break down to unprovable assertions.
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Old 10-28-16, 10:09 PM
  #16  
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Originally Posted by scott967
Here, at least, it's a free-be if EMS responds. You only pay if you are transported, which you can decline. That way you have some documentation of your medical status.

scott s.
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Even in Honolulu, HPD tries to minimize the injury report to minimize the paper work they have to do.

Carlsbad cops are just slightly less deplorable than LA Sheriffs are. Other stories of not caring about hit&runs in the area.

Right now, I dream of punching a certain Carlsbad cop in the stomach and not leaving any visible bruise, just some real serious pain, so it can be called a "non-injury collision" and I get to walk away.
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Old 10-28-16, 10:25 PM
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Originally Posted by CB HI
Even in Honolulu, HPD tries to minimize the injury report to minimize the paper work they have to do.

Carlsbad cops are just slightly less deplorable than LA Sheriffs are. Other stories of not caring about hit&runs in the area.

Right now, I dream of punching a certain Carlsbad cop in the stomach and not leaving any visible bruise, just some real serious pain, so it can be called a "non-injury collision" and I get to walk away.
Better to ram him with your car because there is precedence for no charges.
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Old 10-28-16, 11:10 PM
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Hopefully the radio guy.... drummed in a few more charity bucks by dragging the TV film crew to the scene. And... isn't that what all that entire event was about?

If there had been any signs of battery (Battery is a harmful or offensive touching of another)... I am sure charges would have been filed/a citation issued. So... I lean towards the original intent by the radio guy.... attract attention, raise donations. It would seem to be a worthy cause... I hope he was successful.

I am glad no person or property was harmed.
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Old 10-29-16, 09:25 AM
  #19  
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Cops can write up accident reports as total fiction and not face any consequences, I learned this the hard way.
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