Helpful ReplyDeliberately run over by a car and then arrested - what an exciting day!

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sharke
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2017/04/09 23:37:29 (permalink)

Deliberately run over by a car and then arrested - what an exciting day!

So this loon in a yellow Dodge was yelling at cyclists to get out of the way on E3rd st because both sides were double parked and there was only a narrow gap. He got right up to the back of me and nudged me with his fender, to which I yelled "wtf, are you nuts" or something along those lines. Much yelling of "eff you I'm gonna eff you up" from yellow Dodge. At the next intersection he stops at the lights, and as I pass to get in front of the traffic, I glance into his car and see a baseball bat coming towards me - he's shoving it out of the window to knock me off my bike. So instinctively I swatted it away, and there's a crashing sound. His side mirror, taken out by his own bat. I hear "I'm gonna KILL YOOOOOOOU" over the sound of spinning of tires, so I blasted off and took a right turn up Mercer St the wrong way figuring he wouldn't chase me against the traffic. Wrong!
 
I hear the sound of screeching tires as he comes around the corner and accelerates full speed up Mercer toward me. I had one last look over my shoulder just in time to see that I was about to get creamed, full on, by this yellow Dodge. Next thing I know I'm flying through the air desperately trying to edge myself to the right so that I wouldn't go under the wheels. And then I'm skidding and rolling over the asphalt getting some serious road rash on my arms and legs. The bike (a CitiBike share, phew!) wedged under his fender. Many witnesses. And he still jumps out of the car yelling and screaming that I broke his mirror. By this time it was hardly worth pointing out that he broke his own mirror.
 
NYPD arrives, and in their customary kak-handed way, arrested both parties. I got desk ticket for criminal damage since the guy made a complaint that I smashed his mirror, and he was locked up on more serious charges. Not, however, attempted murder, which it was. Then I spent 3 painful hours in the precinct, handcuffed to a bench, as the slowest cop in the world filled out reports which he typed with one finger, stopping to show everyone who past the room photos of his grandkids that someone had just texted him. 
 
Reckon I should contest the ticket? 

James
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#1
bapu
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/09 23:42:10 (permalink)
Pics or it dinnit happen.
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sharke
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/09 23:45:53 (permalink)

 
Das all I got!

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bapu
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/09 23:48:29 (permalink)
I'd contest it, but since it's his word against yours (i.e. no witnesses from the first event) and the second is probably not conclusive, I doubt much will happen in your favor. But it is your right to contest it.
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bapu
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/09 23:49:01 (permalink)
Oh yeah, next time bring your own bat to level the playing field.
 
#5
sharke
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/09 23:49:56 (permalink)
I would have thought the onus was on him to prove that I smashed his mirror. Like you say, no witnesses for that one. But multiple witnesses for his attempted murder. 

James
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#6
sharke
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/09 23:52:20 (permalink)
bapu
Oh yeah, next time bring your own bat to level the playing field.
 




You're not allowed to defend your life with a weapon in NYC, it's a big no-no...
 
And as I pointed out to the cop, if he had tried to run a member of the NYPD down then he would have gotten a face full of bullets. If he'd survived that, he'd have been hit with attempted murder of an officer. But since I'm just an ordinary peon and not a member of the ruling elite, it's "don't defend yourself" and "the most he's getting charged with is vehicular assault." 

James
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Bhav
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/09 23:58:51 (permalink) ☄ Helpfulby tlw 2017/04/10 22:11:46
I dont know about US law, but if you were detained in a cell for that in the UK you would likely be every police misconduct solicitors wet dream.
 
If you were just taken in for questioning / info gathering, probably not much you can do.

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#8
sharke
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/10 00:07:22 (permalink)
Bhav
I dont know about US law, but if you were detained in a cell for that in the UK you would likely be every police misconduct solicitors wet dream.
 
If you were just taken in for questioning / info gathering, probably not much you can do.




Wasn't detained in a cell though, merely handcuffed to a bench 

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#9
Bhav
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/10 00:16:50 (permalink)
Well maybe you can try contest the ticket, but it would be one of those 'your word against his' type things so it would be tricky to accomplish.

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#10
sharke
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/10 00:19:44 (permalink)
Actually I have a feeling they're going to throw it out of court once I explain what happened and when they hear the full details of what an utter loon this guy is
 

James
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Bhav
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/10 00:26:00 (permalink)
Right it would come down to a judgement of character thing, so you would be likely to win against the ticket.

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craigb
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/10 00:52:52 (permalink) ☄ Helpfulby tlw 2017/04/10 22:12:05
You're actually questioning whether you should contest this???  Wow.
 
In court, simply ask the other guy to explain HOW you managed to break his mirror.  There's NO WAY he can give any answer that doesn't implicate him ("I was trying to hit him with a bat," "I was trying to pass him when there was no room," "I was trying to run him over," etc.).
 
Ask why in the hell you're even IN court (or were arrested in the first place) when you're on a bike and a guy is trying to run you over so badly that he was willing to drive the wrong way on a one-way street.
 
Man, I would get a lawyer and milk money out of this!  Heck, what a story for the news too.
 
You should be lucky you "only" got some road-rash.

 
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BobF
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/10 00:57:01 (permalink) ☄ Helpfulby Mesh 2017/04/10 13:45:49
Next time bring a gun to the bat fight.

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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/10 01:02:00 (permalink)
BobF
Next time bring a gun to the bat fight.




You must have missed the part where the police get the situation all wrong and handle things ass-backwards Bob. 

 
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quantumeffect
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/10 01:11:43 (permalink)
The incident may have been preventable if you were riding one of these:
 
SteveStrummerUK
  

 
 


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#16
sharke
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/10 01:13:55 (permalink)
craigb
You're actually questioning whether you should contest this???  Wow.
 
In court, simply ask the other guy to explain HOW you managed to break his mirror.  There's NO WAY he can give any answer that doesn't implicate him ("I was trying to hit him with a bat," "I was trying to pass him when there was no room," "I was trying to run him over," etc.).
 
Ask why in the hell you're even IN court (or were arrested in the first place) when you're on a bike and a guy is trying to run you over so badly that he was willing to drive the wrong way on a one-way street.
 
Man, I would get a lawyer and milk money out of this!  Heck, what a story for the news too.
 
You should be lucky you "only" got some road-rash.




Well, I guess he's probably going to try and say that I simply rode past and smashed his mirror with my fist or something. Luckily though, one of his charges is weapon possession (for the bat) so that part of the story is pretty much confirmed. 

James
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emeraldsoul
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/10 01:20:20 (permalink)
Bummer! He likely has priors. I remember that line from "Barney Miller". That's pretty much the end of my legal advice.
 
Next, is he by any chance of dubious citizenship? Ice, Ice, Baby.
 
Most importantly, glad you are OK! That Citibike looks like a slow ride.
 
take it easy,
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#18
sharke
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/10 01:46:28 (permalink)
emeraldsoul
Bummer! He likely has priors. I remember that line from "Barney Miller". That's pretty much the end of my legal advice.
 
Next, is he by any chance of dubious citizenship? Ice, Ice, Baby.
 
Most importantly, glad you are OK! That Citibike looks like a slow ride.
 
take it easy,
-Tom




I wouldn't be surprised if he has priors. 62 year old nut job from the South Bronx. 
 
The CitiBikes are actually a pretty sweet ride if you get one that's been maintained properly. I can get a good speed up on them. But you're not going to outrun a car on one. Man I know what it's like to feel hunted after today, looking over my shoulder and seeing that big yellow douchemobile literally inches away and about to make impact.....unsurprisingly, I thought my number was up. Didn't have anything trippy happen to me like my life flashing before my eyes though, which is a bit of a con. 

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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/10 02:41:22 (permalink)
craigb
You're actually questioning whether you should contest this???  Wow.
...
Man, I would get a lawyer and milk money out of this!  Heck, what a story for the news too.
 



I'm with Craig on this one. Absolutely you should raise hell, and your first call should be to the NYT. Hopefully, it won't get thrown out before you at least have a chance to blast 'em with some righteous indignation.
 


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#20
sharke
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/10 03:01:02 (permalink)
bitflipper
craigb
You're actually questioning whether you should contest this???  Wow.
...
Man, I would get a lawyer and milk money out of this!  Heck, what a story for the news too.
 



I'm with Craig on this one. Absolutely you should raise hell, and your first call should be to the NYT. Hopefully, it won't get thrown out before you at least have a chance to blast 'em with some righteous indignation.

 
Believe me, my first instinct is to raise hell, and I am going to give this guy one hell of a bad time in court. I'm also going to sue him. Not only for the pain I'm in right now but also because my absolute favorite pair of specs was smashed under his wheels 
 
The publicity I'm not so sure about though. Because you cannot trust the media to get a story like this right, especially with the NYPD's seemingly complete lack of interest in such things as accurate details. So there's every chance it will be reported as a "road rage fight," or that it "started when an irate cyclist broke a motorist's side mirror" or something. And then I have to face the prospect of my current clients and customers reading it and thinking, wow this guy's bad news. 
 

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synkrotron
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/10 03:21:49 (permalink)
Blimey! Nightmare James! I hope you are okay.

If there is a collision between a cyclist and a motorised vehicle in the UK the motorist is at fault... No question...

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#22
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/10 04:12:24 (permalink)
What a crazy story! Glad that you weren't seriously injured.

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patm300e
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/10 11:24:05 (permalink)
Are you saying there are no ambulance chasers in NY?  There are BOUND to be any number of lawyers ready to take your case and make some serious $$$$$ out of this for you...But mostly for THEM!  Time for a studio upgrade?
 
Glad you are OK though...I still can't believe there are people out there like this that are that impatient and living in NY!  Move to the country if you don't want to deal with the traffic.
 

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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/10 12:07:28 (permalink)
craigb
BobF
Next time bring a gun to the bat fight.




You must have missed the part where the police get the situation all wrong and handle things ass-backwards Bob. 




Yeah, well there is that.
 
At least James is physically OK. 

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#25
Guitarhacker
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/10 12:14:59 (permalink)
craigb
BobF
Next time bring a gun to the bat fight.




You must have missed the part where the police get the situation all wrong and handle things ass-backwards Bob. 




This incident occurred in The Peoples Republic of New York. The peasants are not allowed to have guns.

You should come to NC. We have favorable gun laws. Lovely gun laws. You're actually protected by the laws if you use a gun in self defense in your home or car. It's a form of the Castle Doctrine and the family of the criminal can not sue you in court.

We also have much more courteous drivers and people in general due to that simple fact that the other person might in fact be armed for self defense. We have a proposed  "Constitutional Carry" law in the legislature right now. If it passes, no permits required to carry concealed. As long as you're not a felon, you would have the constitutional 2nd amendment right to carry a firearm for self defense purposes anywhere it is permitted in the state on NC as a resident. 

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#26
Slugbaby
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/10 12:44:22 (permalink)
A)  I'm glad you're okay.  Cycling accidents can become very dangerous very quickly.
B)  Fight it! Fight hard.
C)  Jerks like that are the reason that my U-lock hangs off my left handlebar, in close reach.

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#27
emeraldsoul
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/10 13:23:15 (permalink)
 

We also have much more courteous drivers and people in general due to that simple fact that the other person might in fact be armed for self defense. We have a proposed  "Constitutional Carry" law in the legislature right now. If it passes, no permits required to carry concealed. As long as you're not a felon, you would have the constitutional 2nd amendment right to carry a firearm for self defense purposes anywhere it is permitted in the state on NC as a resident. 




Some places have more courteous drivers and people in general than NYC??? 
 
Where would Sharke carry his gun while he's bicycling? Just curious.
 
 

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#28
sharke
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/10 13:30:25 (permalink)
Thanks everyone. And yeah, it really sucks that you're not allowed to defend yourself from attack in New York and other big cities crawling with deranged thugs. Of course the powers that be have armed bodyguards, so thank God they're OK 
 
I'm not a gun person and never have been, but at the moment at which I was struggling to get up and the a-hole was leaping out of his car to threaten me some more, I would have quite happily shot him in the face and would have felt 100% justified in doing so. 
 
And it's not just the self defense laws which are all screwed up in NYC. We have so-called "progressive" (i.e. stuck in the 1960's) judges showing leniency to dangerous psychopaths who then go on to kill innocent people. The cop I spoke to in the cruiser told me that the most frustrating part of their job is when they risk their lives arresting violent criminals with long histories of violent crime, only to see them released straight back out on the streets by judges who probably lie awake at night worrying about whether or not they've been too harsh on murdering gang bangers. Of course like the lawmakers, those judges often have armed protection, are able to get gun licenses themselves, and they live in high security doorman buildings and gated communities miles away from the neighborhoods which are terrorized by the thugs they show leniency to. Oh and they don't have to encounter them on public transport either since they're driven everywhere in cars with bulletproof glass. 

James
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#29
Karyn
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Re: Deliberately run over by a car and then arrested - what an exciting day! 2017/04/10 13:36:07 (permalink) ☄ Helpfulby kennywtelejazz 2017/04/10 16:51:17
emeraldsoul
Where would Sharke carry his gun while he's bicycling? Just curious.

Everywhere he went, presumably.

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