E8D@psuvm.BITNET (08/20/85)
Here's a strange one for you:
I was attacked by a driver this spring. He didn't like the way I was cycling
(ie on the same road as him) and forced me to stop after he passed me. He
threatened to beat the crap out of me if he ever saw me on the road again.
He grabbed me by the throat when I started to say something to him. Big
mistake on my part, I had gotten back on my bike when he grabbed me -- I
recomend staying on the ground with your bike between you and your local
hot-head until he is well on his way.
Well I had his licence since we were standing right behind his '76
Chevy, and called the State police immediately. The policeman I first talked
to said the driver would be charged with simple assault - a misdemeanor,
however the one who did the followup told me he was going file a charge of
harrassement - a summary offense.
Imagine my surprise when a few weeks later I received a summons for
disorderly conduct (another summary offense). The driver admitted to doing
everything I said but claimed he did it because I gave him the finger as he
passed me. Obscene gestures are specificaly mentioned as disorderly conduct
here in PA. Now, I had not given him the finger so I pled not guilty. At
my hearing, the judge walked in, looked at my attacker and said, "Hi, Charlie."
Since Charlie had pled guilty to the harrassement charge, he was thought to
be telling the truth. The score Charlie $58.00 including costs, me $60.20
including costs.
I think it's worth sixty bucks to me to have this guy on record for
harrassing cyclists, but there are a few things which disturb me about the
whole incident. The judge doesn't have a very good reputation with
cyclists anyway and I'll just caulk it up to small town justice. I would
like to point out how harrassement of cyclists can extend beyond the road
to the court system. We are vulnerable in more ways than one. In the police
report the cop wrote that the road where the incident occurred is narrow with
little or no berm so the cyclist was putting himself in danger by riding there.
(That's like saying women are asking to be raped by wearing short skirts.)
In conclusion I want to urge everyone to refrain from flipping off
motorists. Not only is there an immediate danger but it may put you in
a bad position in any legal wrangle. Even if you are not charged it may be
seen as a reason for crimminal actions and the turkey might get a minimal
fine, as in my incident. I would have had a harder time denying the charge
if I had actually made the alleged obscene gesture. Try a friendly wave - that
ought to really piss them off. Finally I encourage everyone to report
incidents on the road in spite of the danger of retalliation. It's far
safer to fight in court than escalating the tension on the road. Maybe
the police & judges will realize that cyclists do get harrassed for no
valid reason if they see enough cases.
I'll let you know how my appeal turns out.
-- Evan Dresel
E8D at PSUVM ( BITNET )
maa@ssc-bee.UUCP (Mark A Allyn) (08/26/85)
> Here's a strange one for you: > I was attacked by a driver this spring. He didn't like the way I was cycling > (ie on the same road as him) and forced me to stop after he passed me. He > threatened to beat the crap out of me if he ever saw me on the road again. > He grabbed me by the throat when I started to say something to him. Big > Imagine my surprise when a few weeks later I received a summons for > disorderly conduct (another summary offense). The driver admitted to doing > Since Charlie had pled guilty to the harrassement charge, he was thought to > be telling the truth. The score Charlie $58.00 including costs, me $60.20 > including costs. Please tell us where this happened and the Judge's name and the court's location se we can be on the look out. Was it in Washington State?? Mark Allyn Boeing Aerospace !uw-beaver!ssc-vax!ssc-bee!maa