Advice from our Police members needed (long and confusing)

DUX · 09-05-2005, 6:20 PM

First, this is NOT intended to bash Police Officers at all. I had an incident today that still has me scratching my head and wondering what the hell happened. I'm still a little jacked on adrenaline too, so save it for someone else if you find grammatical or spelling errors. I'm not on my computer, and the spell-checker isn't installed.

I seem to be attracting the idiots out there on the road this summer. Today, my father and law and I were riding our cruisers down a semi-rural road in NJ. I was #2 and noticed a silver car tailgating me. We were doing the speed limit, which was 45mph.

After a few minutes, I started to get uncomfortable. I wasn't leading, so I couldn't speed up. I saw no good place to pull over and let the car pass. Doing so would have put her right up on my father-in-law anyway.

I slowed down about 10mph and then pulled away, creating a gap. The car sped up and got right on my fender again. After another few minutes, I turned backward and motioned for the car to back off. I did not antagonize the driver by giving her the finger or making any other motions.

The car did not back off, and we finally came to a traffic light. My father-in-law started to pull away when the light went green and the car suddenly pulled along side of me and started to angle into me, forcing her way between the first bike and myself. I was stopped, and pinned between her and another car. When she got about 6 inches from my leg my instant thought was that she already knew I was there and a horn would do no good, so I punched her passenger door without even extending my arm to keep her from coming closer.

She stopped and I pulled away. She followed me across the intersection and pulled up on my left side, nosing the car towards me. At this point, I pulled off onto a rock shoulder to let her pass. She pulled in behind me and stopped. I got off the bike and she started screaming that she was going to call the police. I not-so-nicely encouraged her to do so and walked away to call them myself.

What happened next has me confused. The Officer pulled up and she ran over to talk to him. After few minutes, he came over to me and asked what happened. I handed him my military ID and my drivers license. He handed the mil ID back. I started to explain what happened and he cut me off to start chewing me out!

He said that it was BullSh#t that I couldn't find a place to pull over, and that it was my responsiblity to do so and let the other car pass.

He started screaming at me for taking the law into my own hands and "slamming" into her car.

He walked back to his car and got on the radio. By now another Officer on a bike pullled up. I was a little relieved and figured this guy would at least understand the idiots that we see out there every day. To my dismay, he talked to the other Officer and left.

After a few minutes the Officer got out of his car, walked over to the girl, had a quiet conversation and let her go. He went back into his car and I stood there for 10 mins in disbelief, thinking that he was going to give me a ticket.

As he approached me, he said that fortunately for me this was a "he-said, she-said" situation and the girl didn't seem interested in pressing charges. My first thought was that this was a load of crap. Here I am, an Officer myself, in full bike gear on a hot day, with a PERFECT driving record, having my word questioned vs some teenage driver. He said again that it was my responsibility to get out of the way and that "slamming my fist" into the girls car was inexcusable, especially b/c she didn't hit my bike.

I told him that "I wasn't going to argue, but I respectfully disagree and I'm not sure he understood what I told him before." I emphasized again that I was parked when I TAPPED the door to keep the girl from crushing my leg. I DID NOT pull along side her, or catch up to her while driving and decide to punch her car. He still didn't seem to care, and told me again that there should have been plenty of places to pull over and let her pass. At this point, the little voice inside my head was telling me to shut-up and let it go before I get a ticket. I just got quiet and listened. He handed back my license, we geared up and left.

The Officer told me a report WILL be filed, but no action taken. Should I obtain a copy to see how it was written up? My concern is if there's a chance that this girl will go crying home to daddy and I will get blind-sided by some bogus suit or charge?

luvtolean · 09-05-2005, 6:33 PM

Sorry, I won't be much help to you but that sucks.

I would definately get a copy of the "report" and try to find out what it means.

sheepofblue · 09-05-2005, 6:36 PM

sounds like you should have pressed charges for assualt with a vehicle

Hammer · 09-05-2005, 6:36 PM

That sucks. If the cop didn't like your reaction he definately wouldn't like the way I would have handled it.

DUX · 09-05-2005, 6:56 PM

Quote:

Originally Posted by sheepofblue

sounds like you should have pressed charges for assualt with a vehicle

That thought definitely entered my mind. If I hear any more about it, I will certainly do so.

nedro · 09-05-2005, 7:05 PM

Quote:

Originally Posted by DUX

That thought definitely entered my mind. If I hear any more about it, I will certainly do so.

That's the wrong approach. If you file after someone files on you, you're case hold very little value. I would persue it immediatly if I were to persue it at all. Good luck.

strykerakamack · 09-05-2005, 7:19 PM

Yea Rural NJ SUCKS .
especially in the northern delaware area .
Got pulled over a few weeks ago with my buddy out there.
For doing nothing wrong except that the police said a phone call from a cage said we were agressive driving .
Now we werent speeding ,illegal passing nothing at all exept on sportbikes in full gear . Was on a major road not a back road .
Nice to know you can get pulled over by someone not even a cop who you have no idea who they are just because they can dial a phone ,While driving no less .
Took our info and said if the driver wanted to file a complaint we would hear about it and have our day in court .
Sill waiting hope nothing comes of it but kinda sucks a NO REASON STOP.

djice929 · 09-05-2005, 9:09 PM

ive sprayed car drivers with pepper spray on a few occasions.. works great.. they are blinded and cant drive off... im not saying it the right thing to do.. but sometimes you have to do stuff on the road to survive.

luvtolean · 09-05-2005, 9:10 PM

Dude...I think pepper spray could be considered some kind of gnarly assault charge, not recommended.

DUX · 09-05-2005, 9:36 PM

I think pepper spray would only be justified if the driver was coming at you.

In this case, the girl was just your typical teenage/early 20's idiot driver with an attitude. She was too stupid and inexperienced to realize that if I'd stopped suddenly for an emergency, she would have been unable to match the performance of the bike and run right over me.

Anymore I just sigh and shrug people like this off, turn a new direction and go on to enjoy the ride. What's scary is that if I had done that today, I wouldn't have been there to give the real story. Who knows what she would have told the police.

It's just a shame that this happened at the end of 300 miles of fun riding this weekend.

DUX · 09-05-2005, 9:39 PM

Quote:

Originally Posted by nedro

That's the wrong approach. If you file after someone files on you, you're case hold very little value. I would persue it immediatly if I were to persue it at all. Good luck.

I agree with you to a point. In order to make an issue of it however, she would also have to present the case in court and I'm sure that it would be very evident that she was in the wrong. At this point there's nothing to gain and I just want to forget it.

Hammer · 09-05-2005, 10:04 PM

Glass marbles over the shoulder work great, from what i'm told.

Or you could just WAVE like Baketech.

Princess · 09-05-2005, 10:06 PM

That sucks. I would definitely want to know what's up with the report.

esoteric · 09-05-2005, 10:15 PM

I wonder how the law reads there. AS far as I've read here (CA), the recommendation is to pull over to let a tailgater pass (to get rid of them), but I don't think it's obligatory. Just because someone wants to pass doesn't mean I'm entitled to let them even if I shouldn't prohibit them once they start to do so. Either way is all about judgement for determining a safe location and there's only one person to do that. If you've got rocky road shoulders, I couldn't classify anything like that to be safe in my book. You're not slow moving traffic (doign the speed limit) and as far as I know only slow moving traffic is obligated to yield ->when safe<-.

I'd think most of her actual maneuvers were hazardous and worth a citation.

Getting out and around town for the first time today it was really clear people are ****tards. Sittign on my fender coming around a corner and continuing to do so while I play with the clutch and throttle. Had another jerkoff pull up behind me and honk while I was against the curb at a downhill corner (where I would normally sit on a bicycle) figuring out the best way to hold the bike and start. A couple other times the question raised was "What part of the big red mass with big white light did you not see?" I need to work on the horn reflex.

I was pretty suprised to notice hazard flashers aren't standard on the bikes.

ND4SPD · 09-05-2005, 10:23 PM

Was the girl hot?

luvtolean · 09-05-2005, 10:27 PM

Quote:

Originally Posted by Hammer

Or you could just WAVE like Baketech.

I blow kisses to crap drivers.(seriously) Try it.

southpark460 · 09-05-2005, 10:59 PM

Quote:

Originally Posted by luvtolean

I blow kisses to crap drivers.(seriously) Try it.

Agreed! Nothing pisses them off more when they're already mad!

Bacchus · 09-06-2005, 12:27 AM

DUX, you obviously had the misfortune to meet with one of the "ignorant" cops. I have no idea WTF this moron was thinking, other than he has a big hard-on for all motorcyclists. Don't get me wrong, I truly believe that 99% of police officers are honest and mean well - you just ended up with the dick! That said, I hope the next "victim" beats the living **** out of that ignorant bitch! And gets off scott free...

Aychdot · 09-06-2005, 12:45 AM

Sorry for the incident, but from now on make sure the "officer of the law" understands your side of the story befor he writes his report. He should be as impartial as a judge when it comes to a report.

I was involved in a 4 car accident where the two rear carsran into everyone else. I was at a standstill and had not run into the car in front of me, but when I was hit I was pushed into the car in front of me. When the policeman arrived he said,"I see what happened here", and wrote his report without much if any (none from me) input from the other drivers. When the report was made available, it was all wrong, but me adding statements after the fact didn't help with my case. I was found 25% at fault and the other 2 guys behind me got 37.5% each. As you know I was pissed seeing that I hadn't hit the person in front of me until I was pushed from behind.

What does all of this mean? The origional report will carry all of the weight in a court case, and what you say later will not mean anything!

My $.02

NinerPilot · 09-06-2005, 4:11 AM

Ok, you asked for the Fuzz's opinion, so here it is and remember that laws differ by state.

That said: What I would have done is when the officer showed up, inform him that you would like to charge the driver with Reckless Driving. In TN, the Codes state that Reckless is driving in a manor that willfully endangers other people's safety. She clearly did this. The officer would have filled out a citation and let you sign as the prosecutor. Then when the court date came up, go to court in your AF Uniform, and state your case to the judge. Then just like if the officer had written it, she would have a chance to plead, then hear her side. That way an impartial judge with no predispositions would hear the case.

The only thing that I can think of her charging you with is maybe intimidation, which could be countered by telling the judge that it was a preservation reaction.

What you should do now, is go back as soon as you can to the area that it happened and take still photos or video of the roadside where you were when you noticed the car tailgaiting you. Then document the shoulder until the point where you did pull over so that if she or her family decides to show their ass, you will have some documentation of the incident.

Its late and this may not make any sense, so let me know if you need more... One great law in TN is that an officer cannot prosecute (make arrest or write a citation to) a misdemeanor that did not occur in his or her presence. (except for a few cases such as assault or DV where there is obvious injury). This means that if a concerned citizen sees a "crotch rocket" screaming down the road, on one wheel, on the seat, with no hands, and gives a picture-perfect description of you, if you ar later stopped by an officer that did not witness any of this behavior, he cant do anything about it unless that concerned citizen stops (if you get stopped), and prosecutes by signing the citation, then shows up to court and prosecute you there.

Just FYI, but your state may vary...
Chris

DUX · 09-06-2005, 9:54 AM

Thanks Niner.

phobiaphobe · 09-06-2005, 11:03 AM

Holy ****... THe simple fact that her car was close enough that you could punch it should show that she was endangering you.

My winter project this year is huge ****in horns in my bike.

phobiaphobe · 09-06-2005, 11:08 AM

Quote:

Originally Posted by djice929

ive sprayed car drivers with pepper spray on a few occasions.. works great.. they are blinded and cant drive off... im not saying it the right thing to do.. but sometimes you have to do stuff on the road to survive.

Now that is a great idea. I'd probably have to buy it illegally though.

Could have used it on Saturday. I took