Australia road rage

[ANAO]

Just saw this on my facebook feed. Is this a first?

http://www.theguardian.com/lifeandstyle/video/2016/feb/01/perth-cyclists-camera-captures-road-rage-incident-in-glen-forrest-video

[oldpotatoe]

Just saw this on my facebook feed. Is this a first?

http://www.theguardian.com/lifeandstyle/video/2016/feb/01/perth-cyclists-camera-captures-road-rage-incident-in-glen-forrest-video

Hope they got the license and called the cops..surprised the cyclists didn't stop and confront. I would have....:rolleyes:

[rustychisel]

Couldn't say whether it's a 'first', but it happens here just like anywhere else in the world. And, might I say, there seems little 'rage' in it and more deliberate act.

'Might is right', or entitled knob-end? And, like many places, whether the cops do anything or just overlook it depends very much on whim. Police can be as p#$%weak here as anywhere (though I've had some good assistance over the years).

Sell his car, take his license, give him a bicycle.*


I say 'he' because it so very often is, though not exclusively

[PFSLABD]

I got in a shouting match with some lady over her dog, who almost took me down. Her daughter came out of the house and told me that the next time she saw me, she was going to run over me with her truck. I called the police. An officer came out but would do nothing, since he said no law had been broken. Now, if some school kid makes a threat to blow up a school, the police will arrest the kid on sight. If you're a cyclist, the police ignore your complaints in my home town.

[PFSLABD]

Hope they got the license and called the cops..surprised the cyclists didn't stop and confront. I would have....:rolleyes:

Usually, when something like that happens, I am by myself anyway, and I surely can't outrun the car so I have to stand my ground. I have noticed that these individuals seldom want to leave their cars, only I did have one get out and posture, but he still wouldn't do anything. When I ride with a group, we never have a problem because there is safety in numbers.

[Louis]

I called the police. An officer came out but would do nothing, since he said no law had been broken. Now, if some school kid makes a threat to blow up a school, the police will arrest the kid on sight. If you're a cyclist, the police ignore your complaints in my home town.

If that's the case you could call both the cop and the woman and tell them that you're going to blow up her house... :eek:

[PFSLABD]

If that's the case you could call both the cop and the woman and tell them that you're going to blow up her house... :eek:

Yeah, and I'd be the one arrested, not the woman.

I had a guy threaten my wife and me. I called the cops, and since it was late at night, again, same thing, the cop said over the phone that no law had been broken. I suppose it was near the cop's quitting time, and he didn't want to bother with it.

[Bruce K]

Threat with the ability to carry it out = Assault

Any lawyers -please correct me if I'm wrong

Should be a chargeable offense but without an objective witness it becomes he said/they said

BK

[ultraman6970]

I been saying the same thing for years but no F.... judge will do this ever, even with people that killed cyclists or hit them by accident. 2 years mandatory riding your bike to work will teach them a lesson forever.

For the record I do recognize that some people doesnt know how to ride in the street or in the road and thats why they get ran over too ok?.





Sell his car, take his license, give him a bicycle.*

[jpw]

Usually, when something like that happens, I am by myself anyway, and I surely can't outrun the car so I have to stand my ground. I have noticed that these individuals seldom want to leave their cars, only I did have one get out and posture, but he still wouldn't do anything. When I ride with a group, we never have a problem because there is safety in numbers.

i had one get out of his car and start swinging. i evaded several punches and then decided to counter with a jab to the side of his mouth. it chipped a tooth. he 'cried' about it and then got back in and drove away. i never saw him again. i don't go looking for trouble out there on the road, and that's the only occasion i've ever been involved in a physical confrontation.

[PFSLABD]

i had one get out of his car and start swinging. i evaded several punches and then decided to counter with a jab to the side of his mouth. it chipped a tooth. he 'cried' about it and then got back in and drove away. i never saw him again. i don't go looking for trouble out there on the road, and that's the only occasion i've ever been involved in a physical confrontation.

I used to ride with a group every Saturday morning. We did anywhere from 45 to 100 miles depending on the whim. One of our guys started experiencing trouble with his bike computer. He told us to go on ahead. We stopped at a store for a break and to wait for him. As we were sitting outside eating and chatting, a local yokel pulls up in a pickup. About the same time, the guy with the computer problem pulls up. The red neck starts yelling about how cyclists don't belong on the road and we're a bunch of road hogs. I asked the guy if he was talking to me. He said no, he was talking to the guy, who just rode up. The guy with the computer problem was a retired Navy Seal Commander. Of all the people to pick on, the guy chose him. We had to get between the two of them and cool them both down because the retired Seal was starting to go into kill mode. The red necks out there should be careful, who they threaten.

I have been riding for almost 28 years, and I have come in contact with just about every idiot out there. It's worse where I live because it's a rural area.

[FastforaSlowGuy]

Threat with the ability to carry it out = Assault

Any lawyers -please correct me if I'm wrong

Should be a chargeable offense but without an objective witness it becomes he said/they said

BK

It varies by state (and almost certainly between the US and Australia) but it generally requires a bit more than an "ability" to carry it out. It generally needs to be imminent, and words alone (or words and ownership of a truck) probably won't cut it. Now if someone pulled up alongside you and said "I'm going to run you over," that is a different story.

I'm not a criminal attorney, though, so I'm sure a prosecutor/defense attorney will have some more nuance than this.

[AJM100]

could easily be charged as assault with dangerous weapon (i.e., motor vehicle). if there was an actual touching (which it appears there may have been with one cyclist), it is assault and battery with dangerous weapon.

ride happy and safe . . .:beer:

[BobO]

As to the vehicle above, that is very clearly an assault with a deadly weapon. That driver should be in prison.

Threat with the ability to carry it out = Assault

Any lawyers -please correct me if I'm wrong

Should be a chargeable offense but without an objective witness it becomes he said/they said

BK

It isn't assault, but the threat itself can be considered a crime. Assault requires that any reasonable person would perceive there to be an immediate danger of physical harm.

http://www.criminaldefenselawyer.com/crime-penalties/federal/Criminal-Threats.htm

Even though the Constitution guarantees the right of free speech, that right is not an absolute one. The law has long recognized specific limitations when it comes to speech, such as prohibitions against slander and libel. In some situations, speech can even constitute a crime, such as in the case of criminal threats. A criminal threat, sometimes known as the terrorist threat, malicious harassment, or by other terms, occurs when someone threatens to kill or physically harm someone else.

For a cop to state that no law has been broken may or may not be factually correct depending on circumstances.

*Not a lawyer, but I did stay at a Holiday Inn Express once.

[Megalodon]

I got in a shouting match with some lady over her dog, who almost took me down. Her daughter came out of the house and told me that the next time she saw me, she was going to run over me with her truck.

Not smart to come out of your house and threaten some anonymous person. They know where you live and you don't know where they live. Lots of 3 am tire slashings happen that way and they never figure out who keeps doing it.

[bking]

a problem with "standing our ground" in any way is the potential to escalate the rage for the next cyclist the driver encounters. this thing seems to build for these people. priming the pump.