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  #16  
Old 07-13-2020, 04:51 AM
Peter P. Peter P. is offline
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I don't think the driver rose to the level of "brandishing" the gun as has been suggested.

I do think the driver knew what he was doing deliberately "inadvertently" making the gun visible when he was confronted with the cyclists.

He never threatened them with it or pointed it at them. It was a coy move, but I think intentional. The driver was likely a gun nut and the "Florida Stand Your Grounder".

Unless there was contact between the cyclists and the driver's vehicle, or the driver exhibited repeated, malicious movements with his vehicle to scare or harm the cyclists, there's not much that can be done. Those would be the only ways he'd be charged with violating Florida's 3 foot rule. THEN the camera footage would have been useful.

Yeah, it sucks, but the cyclists shouldn't have bothered to confront him.
  #17  
Old 07-13-2020, 05:00 AM
Jef58 Jef58 is offline
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Quote:
Originally Posted by Toeclips View Post
I watched the video

I'm sorry but if your riding, cars come much closer than that, I would not even had raised an eyebrow

In fact I had to watch twice because I thought I missed something, a different SUV maybe

I would never even think of stopping my ride for an almost close call...driver should have been alarmed
I'm on the other coast, on the beach, and this didn't look as bad as I thought before seeing the video. I, for the most part, have good luck with drivers giving me as much clearance as they can. Occasionally I get buzzed but never had anyone intentionally try to swerve into me. The 'get off the road' mentality is pretty rare too, though it does happen everywhere...not just busy Florida roads. I also would not approach any driver to start a confrontation just because...

Florida driving problems stem from poor light management and the lack of infrastructure keeping up with increased traffic. This has a tendency to make drivers a little more aggressive trying to beat the traffic. Not an excuse for inconsiderate driving though...
  #18  
Old 07-13-2020, 05:59 AM
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oldpotatoe oldpotatoe is offline
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Quote:
Originally Posted by Peter P. View Post
I don't think the driver rose to the level of "brandishing" the gun as has been suggested.

I do think the driver knew what he was doing deliberately "inadvertently" making the gun visible when he was confronted with the cyclists.

He never threatened them with it or pointed it at them. It was a coy move, but I think intentional. The driver was likely a gun nut and the "Florida Stand Your Grounder".

Unless there was contact between the cyclists and the driver's vehicle, or the driver exhibited repeated, malicious movements with his vehicle to scare or harm the cyclists, there's not much that can be done. Those would be the only ways he'd be charged with violating Florida's 3 foot rule. THEN the camera footage would have been useful.

Yeah, it sucks, but the cyclists shouldn't have bothered to confront him.
Can't see the video(taken down?) but if the gun is visible, it's 'brandishing' and in most cases is illegal.
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If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in
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  #19  
Old 07-13-2020, 06:08 AM
el cheapo el cheapo is offline
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Perfect example of why I moved away from Florida. The people in that state get worse and worse the more south you go. Anywhere from Palm Beach to Miami you are just a target on the road.
  #20  
Old 07-13-2020, 06:11 AM
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Bruce K Bruce K is offline
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Not sure what the law is in FL (Stand Your Ground state) but if he didn’t actually threaten the cyclists with the firearm it is probably not brandishing.

FL has had issues for years along that part of A1A. There is a bike lane along a fair part of it but where it disappears cyclists can use the whole lane and driver’s don’t like it. One of our members was even nudged off the road by a police cruiser years ago when the officer decided he was not keeping to the right enough.

There is no way I would follow a driver in that area and confront them unless someone had been injured.

BK
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  #21  
Old 07-13-2020, 06:19 AM
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Quote:
Originally Posted by Bruce K View Post
Not sure what the law is in FL (Stand Your Ground state) but if he didn’t actually threaten the cyclists with the firearm it is probably not brandishing.

FL has had issues for years along that part of A1A. There is a bike lane along a fair part of it but where it disappears cyclists can use the whole lane and driver’s don’t like it. One of our members was even nudged off the road by a police cruiser years ago when the officer decided he was not keeping to the right enough.

There is no way I would follow a driver in that area and confront them unless someone had been injured.

BK
Not sure either but(deputy/local LEO??), if the cyclists call the cops and say, 'he took out his gun', taking out the gun, can be perceived as 'threatening them with a gun'...At the very least the guy will be taken in, lose his gun for at least some amount of time, may be charged, maybe not but a trip 'downtown' certainly would result, IMHO..He can say he was threatened but w/o any 'weapon' by cyclists, that would be a tough one. Just yelling at somebody doesn't trigger the 'stand your ground' law..w/o any 'touching/hitting/grabbing', involved. IMHO..not a lawyer or LEO..
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  #22  
Old 07-13-2020, 06:35 AM
Bentley Bentley is offline
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Police are part of the problem

I see law enforcement as “enablers” with respect to drivers attitudes regarding cyclist. In my experience they do not enforce the laws that are written when they observe drivers being aggressive towards cyclist. Clearly a few “warnings” or tickets would likely change behavior.

That said, I always try to wave cars by, move to the side, but I have had my share of drivers running me off the road.

Exposing, brandishing a gun... I think it would as a minimum qualify as an assault, likely would not be enforced.
  #23  
Old 07-13-2020, 07:50 AM
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josephr josephr is offline
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Quote:
Originally Posted by Toeclips View Post
Fire arms is why I would never chase someone down

Then he could have gone much worse

I'm not saying the driver didn't come close, yes he did
it would have taken a lot more for me to confront someone
agree...this was your basic a-hole driver buzz. Not really worth the confrontation and likely to push the driver more aggressive towards cyclists.
  #24  
Old 07-13-2020, 08:07 AM
pobrien pobrien is offline
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over the line

I watched the video a few times and it looks to me like there was evidence of two riders riding side by side and about three feet over the white line when the vehicle in question passed them.

I do not ride outside the white line whenever possible. To me, it looks like they were outside the line and not just a quick over and back to behind the line.

I take care when going outside the line where I ride and check for traffic as I drive as well and try to see both sides of any situation I am in or that I create.

Patrick
  #25  
Old 07-13-2020, 08:29 AM
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572cv 572cv is offline
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I get to ride A1A in that area once a year, down visiting family in Jan or Feb. It is one of the most heavily cycled and heavily patrolled roads I have ever seen, and at the same time the only redeeming feature of the trip, aside from the family thing. ANY driver, particularly one with a residence on or near the road, knows d*@n well that there will be tons of cyclists, landscaping vehicle convoys parked along the side of the road, and a serious speed limit on A1A. There are even signs, here and there, reminding motorists of the shared road. So, virtually anyone on this road, from at least Boca to Palm, might be reasonably expected to have adjusted expectations for getting somewhere fast, and for having to deal with things calmly. But as many posters have said, Florida can be lovely but strange, seductive and deadly, a place of massive contradictions and trade offs for someone like me. But lots of people are not like me, or Florida wouldn't be so popular.
  #26  
Old 07-13-2020, 08:46 AM
Bentley Bentley is offline
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White line

Quote:
Originally Posted by pobrien View Post
I watched the video a few times and it looks to me like there was evidence of two riders riding side by side and about three feet over the white line when the vehicle in question passed them.

I do not ride outside the white line whenever possible. To me, it looks like they were outside the line and not just a quick over and back to behind the line.

I take care when going outside the line where I ride and check for traffic as I drive as well and try to see both sides of any situation I am in or that I create.

Patrick
Just to be clear, in Florida that is known as the “Fog Line” that area is not a “Bike Lane” those are actually marked with a “Bike”. I tend to agree with the point of riding inside the “Fog Line” so as not to aggravate drivers, but in Florida if there is no marked bike lane you ride in the road and are legally allowed to use the whole lane, which I do not endorse.

Problem with riding inside the “Fog Line” is they can “disappear” in a minute and then you are fighting for your life with drivers.
  #27  
Old 07-13-2020, 10:09 AM
Toeclips Toeclips is offline
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Ok so I'm glad we all seem to agree on the video

So if I were to turn this into a teachable moment what could be done differently and still get the two bikes their say

Knowing that everybody is possibly armed, I would have waited for the driver to go shopping and just leave a note under his windshield wiper.

"To whom it may concern, I don't like the way you drive"

But I really don't pack spare memo pads and a pen with me, so I would have kept on
  #28  
Old 07-13-2020, 10:16 AM
Dino Suegiù Dino Suegiù is offline
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I did not see any saints in that video.

Both parties were equally aggressively passive-aggressive, "last word" type jerks it seemed. The cyclists don't get absolution simply because they are cyclists. They escalated too.

Fortunately the incident didn't conclude in some more harmful manner for anyone involved.
  #29  
Old 07-13-2020, 11:19 AM
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Dead Man Dead Man is offline
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Quote:
Originally Posted by Dino Suegiù View Post
I did not see any saints in that video.

Both parties were equally aggressively passive-aggressive, "last word" type jerks it seemed. The cyclists don't get absolution simply because they are cyclists. They escalated too.

Fortunately the incident didn't conclude in some more harmful manner for anyone involved.
never been in a situation where you felt righteously indignant? criticize both parties all you want, but the situation wouldnt have even happened if one asshole hadnt screwed with another asshole.

i can tell you if it'd been me coming around that corner and saw the same dickhead that just buzzed me holding a gun its quite likely i would have put two through his chest before waiting to see what his intentions were, and the good citizens of the state of florida wouldnt have had any reason to think that was unreasonable.

call me a "keyboard tough guy."

just leave people alone. let people ride their bikes. dont pull guns on people after making them think youre gonna run them over. if you do, expect really ****ty things to come of it. this stuff just isnt that hard.
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  #30  
Old 07-13-2020, 11:22 AM
pobrien pobrien is offline
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Thank you Bentley

Thank you for clarifying this for me Bentley. I am in Vancouver in Canada and our road markings are not the same as in Florida.

I can see how unclear it all is now.

Please remind me not to visit Florida on a bicycle! Holy cow.

Patrick
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