Amusing traffic story......
08-30-2008, 07:11 AM
#31
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Another road incident......
Whilst driving through my residential neighborhood, I needed to hesitate at a stop sign as someone in an SUV came hurtling through the cross street at an excessive speed while yammering on his cell phone. I noticed that his dress shirt was 2 sizes to small for his neck as he obliviously and arrogantly sped by me. I happened to be turning in the same direction of travel as this man and so I attempted to briefly match his speed out of curiosity. He was still pulling away from me as I hit 55 MPH. I slowed back down to 30 in the posted 25 MPH zone. I noticed ahead that he flew past two small children on their bicycles without brake lights coming on at all. I had a few minutes to kill so I followed him briefly to see what ‘opportunity’ might present itself. I found him first in line at an intersection where a road construction flagman had this street's traffic waiting. I pulled up behind him. I got out and walked up to his driver’s side window and tapped on the glass. Still yammering on his cell phone, he looked at me with surprise and put the window down. I calmly told him that if I ever see him driving 55 through my neighborhood past small children again, that I would throw a rock at his car. He quickly became belligerent with a few exclaimed expletives and told me that if I ever touch his car again that he would kick my a**. I asked him how he would feel if someone sped past his kids like just did. He responded with “Do you want me to kick you’re a** right now?!?” I smiled and said “Go ahead” and I took a step or two backwards to allow him to get out of his large,new,high end model SUV. He took a few huffy steps toward my relaxed stance and saw out of the corner of his eye that he had forgotten to place the gearshift in park and his car was rolling into the intersection with the door wide open. He abandons me and chases the car. As he is trying to hop in to stop the car from rolling, other motorists are swerving around him with horns blaring and tires screeching on the pavement. I am sure that he heard my hysterical laughter as I got back in my car, backed down into a driveway and drove back to the neighborhood. The look on his face when he saw his car rolling away was priceless.
Yes, I realize this could have ended badly in so many ways but I have gotten to a point in my life where I feel that I need to at least try to make a difference. Call me stupid. Call me Ishmael. Call me whatever you want to. I will sleep easier knowing that i am not a weak, watch the world go to hell bystander.
-Allen
Whilst driving through my residential neighborhood, I needed to hesitate at a stop sign as someone in an SUV came hurtling through the cross street at an excessive speed while yammering on his cell phone. I noticed that his dress shirt was 2 sizes to small for his neck as he obliviously and arrogantly sped by me. I happened to be turning in the same direction of travel as this man and so I attempted to briefly match his speed out of curiosity. He was still pulling away from me as I hit 55 MPH. I slowed back down to 30 in the posted 25 MPH zone. I noticed ahead that he flew past two small children on their bicycles without brake lights coming on at all. I had a few minutes to kill so I followed him briefly to see what ‘opportunity’ might present itself. I found him first in line at an intersection where a road construction flagman had this street's traffic waiting. I pulled up behind him. I got out and walked up to his driver’s side window and tapped on the glass. Still yammering on his cell phone, he looked at me with surprise and put the window down. I calmly told him that if I ever see him driving 55 through my neighborhood past small children again, that I would throw a rock at his car. He quickly became belligerent with a few exclaimed expletives and told me that if I ever touch his car again that he would kick my a**. I asked him how he would feel if someone sped past his kids like just did. He responded with “Do you want me to kick you’re a** right now?!?” I smiled and said “Go ahead” and I took a step or two backwards to allow him to get out of his large,new,high end model SUV. He took a few huffy steps toward my relaxed stance and saw out of the corner of his eye that he had forgotten to place the gearshift in park and his car was rolling into the intersection with the door wide open. He abandons me and chases the car. As he is trying to hop in to stop the car from rolling, other motorists are swerving around him with horns blaring and tires screeching on the pavement. I am sure that he heard my hysterical laughter as I got back in my car, backed down into a driveway and drove back to the neighborhood. The look on his face when he saw his car rolling away was priceless.
Yes, I realize this could have ended badly in so many ways but I have gotten to a point in my life where I feel that I need to at least try to make a difference. Call me stupid. Call me Ishmael. Call me whatever you want to. I will sleep easier knowing that i am not a weak, watch the world go to hell bystander.
-Allen
08-30-2008, 12:13 PM
#33
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08-30-2008, 12:28 PM
#34
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So YOU are the self appointed neighborhood safety ****... 
In a management class I took the speaker talked about the different types of people, extrovert vs introvert and their typical responses. It was a class on how to handle problems without future escalation. In this description he described traffic incidents and stressed that no matter what happens or how extrovert you are...Don't get out of your car!.
As a citizen you have the option to make note of the tag number and description of the vehicle and report the incident to the local constabulary. This option does not put your person in jeopardy of either physical or legal harm. In the lit cigarette incident a signed littering complaint would result in a littering fine. The obviously type A soccer dad would not get an immediate fine, but if you also report the time of the incident and that children playing were present a ticket dispensing watchful eye would be posted in the area to catch the offender "in the act." At least that's how it works here in Oklahoma City.
In a management class I took the speaker talked about the different types of people, extrovert vs introvert and their typical responses. It was a class on how to handle problems without future escalation. In this description he described traffic incidents and stressed that no matter what happens or how extrovert you are...Don't get out of your car!.
As a citizen you have the option to make note of the tag number and description of the vehicle and report the incident to the local constabulary. This option does not put your person in jeopardy of either physical or legal harm. In the lit cigarette incident a signed littering complaint would result in a littering fine. The obviously type A soccer dad would not get an immediate fine, but if you also report the time of the incident and that children playing were present a ticket dispensing watchful eye would be posted in the area to catch the offender "in the act." At least that's how it works here in Oklahoma City.
08-30-2008, 01:08 PM
#35
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Stylemobile, thanks for doing the right thing. Some people need the fear of God put in them.
To those saying "call the police"... do you honestly think the police would do a damn thing?
As for the lawyer-speak..... I'm new here, and want to start out on positive note.... so I'll shut my mouth.
To those saying "call the police"... do you honestly think the police would do a damn thing?
As for the lawyer-speak..... I'm new here, and want to start out on positive note.... so I'll shut my mouth.
08-30-2008, 01:33 PM
#36
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Stylemobile, thanks for doing the right thing. Some people need the fear of God put in them.
To those saying "call the police"... do you honestly think the police would do a damn thing?
As for the lawyer-speak..... I'm new here, and want to start out on positive note.... so I'll shut my mouth.
To those saying "call the police"... do you honestly think the police would do a damn thing?
As for the lawyer-speak..... I'm new here, and want to start out on positive note.... so I'll shut my mouth.
Thanks for the compliment on my actions. As for being the 'right thing', that is debatable and subjective. Which is why we sometimes stick our neck out in a forum like this and let people have at it- the banter is always intellectually stimulating. If it wouldn't be, I'd hang out more on the McClaren F1 site but i don't 'cause 928 owners rock!!! (Besides, F1 owners don't work on their own cars.) Soooo.......... do NOT keep your mouth shut here as we are HUNGRY sharks!!!
-Allen
08-30-2008, 01:53 PM
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Which is why we sometimes stick our neck out in a forum like this and let people have at it- the banter is always intellectually stimulating. If it wouldn't be, I'd hang out more on the McClaren F1 site but i don't 'cause 928 owners rock!!! (Besides, F1 owners don't work on their own cars.) Soooo.......... do NOT keep your mouth shut here as we are HUNGRY sharks!!!
-Allen
-Allen
08-30-2008, 01:55 PM
#38
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I would like to hear the lawyer's opinion on this.
It seems to me after reading the definition of assault, the person throwing the cigarette butt and the speeder committed assault. They willing committed their actions and it reasonable to expected they understood the potential consequences of their actions.
The cigarette thrower actually hit an automobile with the lit cigarette. If Allen's car had caught fire, he may have been injured. She had the responsibility to look where she was throwing the butt. It is reasonable to expect she knew someone was in the proximity of where she was throwing the cigarette butt (he was parked next to her and had time to remove the butt from his car and return it to her). It is reasonable to expect she knew the lit cigarette butt could cause harm to someone. She willing set a chain of events in motion that could have resulted in someone being injured. Since she committed the action that she had physical control of, she had intent.
A similar argument could be made for the speeder.
It seems to me after reading the definition of assault, the person throwing the cigarette butt and the speeder committed assault. They willing committed their actions and it reasonable to expected they understood the potential consequences of their actions.
The cigarette thrower actually hit an automobile with the lit cigarette. If Allen's car had caught fire, he may have been injured. She had the responsibility to look where she was throwing the butt. It is reasonable to expect she knew someone was in the proximity of where she was throwing the cigarette butt (he was parked next to her and had time to remove the butt from his car and return it to her). It is reasonable to expect she knew the lit cigarette butt could cause harm to someone. She willing set a chain of events in motion that could have resulted in someone being injured. Since she committed the action that she had physical control of, she had intent.
A similar argument could be made for the speeder.
08-30-2008, 03:15 PM
#39
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I have already expressed my opinion of the cigarette issue, and as well, my opinion of what the legal implications of that issue would be, and they are not necessarily parallel.
As for the second incident, a citizen has the right to effect a citizens' arrest. He also assumes responsibility for the reactions and results of his actions if he does so. Believe me when I say that I know this well, but don't ask me how I know it. Suffice it to say that I carry sufficient scars to understand the issue. Some would argue, possibly accurately, that a citizen has more than a right but also an obligation to intervene as was described, and that summoning the police is an exercise in futility. All of this has been expressed here and is known. The unknown is how the matter evolved, and whether it was appropriate. Know your target and what's beyond it applies in this instance. Shooting into a crowd is not usually an appropriate means of terminating the errant behaviour. Unfortunately, it happens everyday and puts innocent people more at risk, whether intended or not.
As for the second incident, a citizen has the right to effect a citizens' arrest. He also assumes responsibility for the reactions and results of his actions if he does so. Believe me when I say that I know this well, but don't ask me how I know it. Suffice it to say that I carry sufficient scars to understand the issue. Some would argue, possibly accurately, that a citizen has more than a right but also an obligation to intervene as was described, and that summoning the police is an exercise in futility. All of this has been expressed here and is known. The unknown is how the matter evolved, and whether it was appropriate. Know your target and what's beyond it applies in this instance. Shooting into a crowd is not usually an appropriate means of terminating the errant behaviour. Unfortunately, it happens everyday and puts innocent people more at risk, whether intended or not.
08-30-2008, 04:26 PM
#41
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OK, here is the law:
CALIFORNIA CODES
PENAL CODE
SECTION 240-248
240. An assault is an unlawful attempt, coupled with a present
ability, to commit a violent injury on the person of another.
In this case, my definition was not entirely correct. I said "intent" and that shows you how long it has been since I read this. Intent is not synonymous with attempt. I correct myself. I also said "great bodily injury" when it should have been "violent" injury. I did not get this from reading the law, but from a Dept. of Justice training instructor. I thus correct myself again, and beg your pardon.
I think the law as stated is perfectly clear.
CALIFORNIA CODES
PENAL CODE
SECTION 240-248
240. An assault is an unlawful attempt, coupled with a present
ability, to commit a violent injury on the person of another.
In this case, my definition was not entirely correct. I said "intent" and that shows you how long it has been since I read this. Intent is not synonymous with attempt. I correct myself. I also said "great bodily injury" when it should have been "violent" injury. I did not get this from reading the law, but from a Dept. of Justice training instructor. I thus correct myself again, and beg your pardon.
I think the law as stated is perfectly clear.
It sounds like a threat such as making a fist is not enough. Throwing a punch which doesn't land would be an attempt to commit violent injury. Issuing a verbal threat or making a gesture may violate some law but to my reading it would not be assault. I could be wrong, though.
08-30-2008, 05:02 PM
#42
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It kind of depends on the type of day/week you are having..... you going to brush something like this off, or go crazytrain! On a good day I prob would have hit the gas and watched it blow off... On a bad day I would have gotten out of the car with my HK and explained to the woman unless her car goes faster than 1500 fps she might want to remove her cigarette from my hood.
08-30-2008, 05:05 PM
#43
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It kind of depends on the type of day/week you are having..... you going to brush something like this off, or go crazytrain! On a good day I prob would have hit the gas and watched it blow off... On a bad day I would have gotten out of the car with my HK and explained to the woman unless her car goes faster than 1500 fps she might want to remove her cigarette from my hood.
08-30-2008, 07:54 PM
#45
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Sometimes we don't learn until we have a traumatic experience as a result of our stupid actions. Whether this was legally permissible or not, I don't feel sorry for that woman.
I also thought the fast food bag story was pretty funny - LOL!
Anyway, it's disgusting to see all the trash on the side of the roads. If someone gets caught littering, they supposedly get a $1k fine here in CA. However, I've never heard of anyone getting caught, and think they should rather have to pick this kind of garbage for a few weeks while wearing an orange jump suit in the latest jail fashion style.
Fines and money are invisible. Besides, some people have so much money that a fine does not hurt them. But we all have the same amount of time per week or month. Make them work to undo the mess they create, rather than collecting a fine, and then paying somebody else to do the clean-up!
I also thought the fast food bag story was pretty funny - LOL!
Anyway, it's disgusting to see all the trash on the side of the roads. If someone gets caught littering, they supposedly get a $1k fine here in CA. However, I've never heard of anyone getting caught, and think they should rather have to pick this kind of garbage for a few weeks while wearing an orange jump suit in the latest jail fashion style.
Fines and money are invisible. Besides, some people have so much money that a fine does not hurt them. But we all have the same amount of time per week or month. Make them work to undo the mess they create, rather than collecting a fine, and then paying somebody else to do the clean-up!