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Discussion Starter #1
Well, my nerves have calmed down enough to post the event. I was on my way home from work this past Thursday, 70-75 mph in the diamond lane (#1) of a 3 lane freeway) when a car swerved from the #3 land into my lane. I caught it out of the corner of my eye just as he got into my lane. I started to move to the left and hit my horn at the same time. He swerved back to the right but not soon enough. I hit his drivers door. It was a glancing blow and the bike went into a wobble. I think I gave it some throttle because it straightened out and I kept it upright. The driver looked like he wasn't going to stop so I got in close behind him and kept the RPMs high so he would know I was there. He eventually pulled off an exit and parked in a gas station. I raged at him for a moment @#$%^^&&** and then asked to see his insurance, reg, etc. He climbed back in his car and bolted. I called 911 and filed a report with CHP. The LEO said more then likely the DA would not prosecute because there was no damage (some scraped paint on my crash bar) and no injuries.
A few days before this, I was riding on dirt for the first time and got into some sand. Everytime I felt the front wheel start to dig in and pull to the side, I gave it some throttle and the bike pushed out of it (except for once and I went down). I think this practice caused me to give some throttle when the bike went into the wobble instead of grabbing some brake. I'm not sure because it's kind of a blur.
The upside to this event is it knocked me down a few pegs. I've only been riding since last fall but have 13,000 miles on the bike. I've gotten pretty cocky about my riding abilities and I'm sure I've stopped driving as defensivley as I should. Now I'm back to using the myriad of defensive practices that I should be using.
 

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Wow man, glad you're ok! Kudos for being able to keep the bike going after being hit like that. It's interesting how you relate your "sand training" with your reaction during the incident. Maybe I need to practice that too.

Did you get the ******'s license plate number? Did LEO's find him?

I got into a similar experience last year but in my case I did go down at around 45mph when an idiot driver decided to break the laws of physics and tried to occupy the same space I was already occupying. I got back up riding in no time, but really calming my nerves every time I got on the saddle took me a good few months. Yes, now I ride even more defensively than I did before.

Motorcycling: Who said invisibility machines were only science fiction?
 

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Wow! Glad you didn't go down, and that you & your bike are OK! Thanks for posting: we all get "comfortable" and need reminders. It sounds like you might have been in his blind spot? Just wondering. Very easy to do. How old was the driver? Male/female? Were they driving distracted? Texting? What was their response before they bolted?
Doug
 

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Whew! Glad you're okay. Even I felt trepidation just reading of what you experienced.

I can't believe that the CHP basically are shrugging it off. Whoa!

Appreciate the post as it's a whack upside the head to remind me to pay attention out there at all times!
 

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That is a hit and run and is illegal in my state. It's a shame the DA won't prosecute.

I had an issue at a gas station in my cage. Another driver backed into me and then fled. The LEO's tracked him down but could not confirm the paint transfer. I was furious. I'll probably deal with this myself next time. I know, I know let the flaming begin...
 

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Wait that does not make any sense. Fleeing the seen of an accident and no charges? Did he have insurance? Does he have a valid DL?

I would be asking a lot of questions.

Are you sure you have no injuries? It is entirely possible tomorrow you wake up with a pain you did not realize being amped up. A
 

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Seems kinda silly that there are always plenty of cops to sit in speed traps and rake in the money from harassing safe riders and drivers but not enough to at least take a report on actual crimes. Gee, I wonder why that could be?

Granted, the odds of catching the guy are incredibly low. Perhaps a full CSI-style investigation isn't needed, but you'd think they could at least create a record so when they encounter this doof the next time, they'll have a little more to go on. (Did you get a plate number at least?)

Or maybe the CHP is just being brutally honest and saving everyone time and paperwork.


Glad you're OK! Not many of us have bounced off cars with so little damage. :hurray:
 

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filed a report with CHP. The LEO said more then likely the DA would not prosecute
Agree. There has to be enough evidence to convict, and without a witness or photos, there isn't enough. This is one reason to mount a GoPro or other camera on the bike. And, following might have been not smart if that fool was armed:
CAL. PEN. CODE § 197 : California Code - Section 197
Homicide is also justifiable when committed by any person in any of the following cases:

1.When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or,

2.When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein; or,

3.When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed;

...and it's your word against his word, except you're shot to death.

Anyway, yes, we all need to scan 360° and look for every opportunity for someone to do something stupid that can hurt us.
 

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Discussion Starter #11 (Edited)
The LEO

just told me the cold facts. He said he would file a report, no problem, if that's what I wanted. We actually spent 10 min talking motorcycles after I decided not to file the report. Like I said in the OP, no injuries, minor paint scrape, no witness, his word against mine. And I didn't file a report as I mistakenly stated in my OP.
 

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This is why I want the reactive armor farkle. The ATF said I couldn't install the Chuck Norris grenade and missile launchers, except when I'm in Texas. Glad you're okay.
 

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If it was me he would have been easy to find.

"Officer, Its the Red P.O.S. with no rear window and the bloody driver."

I arrested a guy 2 years ago that caused a collision in my Cage. When he tried to leave the scene I physically ( AND LEGALLY) removed him from his vehicle, Placed him on the ground and awaited Police for a custody exchange. It turns out he was going to leave because he had 2 felony warrants and 1 misdemeanor. In Oregon you can use up to and including deadly force when holding someone once you have placed them under citizens arrest. ( O.R.S. 161.255 Sec (a) (b) ) Know your local laws before attempting.
 

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Maybe a little off topic, but I wonder why many states have license plates that are so difficult to read and remember (i.e. small numbers/letters and often 7 digits). The license plates in Oregon were always three large easy to read letters, a space, and then three large easy to read numbers. Alaska's plates are the same way. Montana and many other states however, are seven numbers/letters and in a much smaller font that makes it almost impossible to read & remember unless you are very close and have a photographic memory.
 

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Lazy police officer not wanting to fill out paper work.

Why is it the police are never there to "serve and assist", they only care if you are easy to pull over and if they can get you on DUI.


I've sat next to police at more then enough lights watching them ignore red light crashers during rush hour.

I've had my vehicle search at the side of the road 6 times in my adult life for no reason. After you tell them they can't search it they call in a trained dog that is trained to signal. I've never had any reason for the police to search me but they do it anyways.

Can't trust em at all.
 

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Discussion Starter #19
Actually, the LEO offered to take the report and was gracious and professional. I declined. I can still go down to any CHP office and file if and when I desire. The person who it me is a low life and anything I do will not change that. I would rather continue putting my energy into more positive aspects of changing the world and helping others.


Sent from Motorcycle.com App
 

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I've had my vehicle search at the side of the road 6 times in my adult life for no reason. After you tell them they can't search it they call in a trained dog that is trained to signal. I've never had any reason for the police to search me but they do it anyways.
Never "no reason." They are looking for drunks, and they are looking for drugs so they can confiscate the vehicle. If you're stopped, you have every right to decline the field sobriety tests including the portable breath tester (PBT) the officer has in his car. In my state the state law says that the PBT is voluntary. WAC 448-15-020: "This preliminary breath test is voluntary, and participation in it does not constitute compliance with the implied consent statute." The only purpose for these tests is to find the rope to hang you. The real breathalizer test is different; in most states you must take this test or lose your license. Never admit that you've had a drink that day--the question after, "Do you know why I stopped you?" (To fill your quota) is always, "Have you been drinking?" Even when you step off the bike to get your registration & insurance card from under the seat, say something like, "Give me a minute, officer, my hip is stiff from the 3 hour ride" (or something similar) so he doesn't assume that your wobble is from demon rum.
What do I do if I've been pulled over for DUI? What do I say? Do I take the tests? - YouTube

Never allow a search. Yes, sometimes they'll claim they smell marijuana or claim signals from a dog, and search anyway. The vehicle operator must give I.D., and it is probably smart to hand over a concealed carry permit the same time you hand over your drivers license. A passenger is not required to hand over I.D. unless they are either accused of committing a crime or a witness to a crime. In some states anybody can be required to give truthful name and address (but not show I.D. documents), and in other states they are not required to identify themselves except as listed above.
Can Police Search My Vehicle? - YouTube

The police have the legal right to lie to us. We never have the right to lie to police, but we do not have to say anything except to provide I.D. where required under law. A recent decision by the Supreme Court, a wholly owned subsidiary of the U.S. Chamber of Commerce, ruled that your silence can be used against you if you don't specifically invoke your 5th amendment right against self incrimination even before you're accused of a crime. Salinas v. Texas --- "At trial, Salinas did not testify, but prosecutors described his reportedly uncomfortable reaction to the question about his shotgun. Salinas argued this violated his Fifth Amendment rights: He had remained silent, and the Supreme Court had previously made clear that prosecutors can’t bring up a defendant’s refusal to answer the state’s questions. This time around, however, Justice Samuel Alito blithely responded that Salinas was “free to leave” and did not assert his right to remain silent. He was silent. But somehow, without a lawyer, and without being told his rights, he should have affirmatively “invoked” his right to not answer questions. Two other justices signed on to Alito’s opinion. Justice Clarence Thomas and Justice Antonin Scalia joined the judgment, but for a different reason; they think Salinas had no rights at all to invoke before his arrest (they also object to Miranda itself)."

So, be courteous, answer no questions, decline any tests, refuse to allow a search, ask as many times as necessary, "Am I being detained or am I free to go."
 
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