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Person smacks me in the head at a stop light

Papi said:
I was kinda waiting for an answer to my question as well.
To any of teh barf LEO's, why is this not assault?
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It is misdemeanor battery. The OP said in his first post that he didn't feel the need to press charges. That's probably what he told the police (sheriff deputies?) when he went into the station. So you have a chickenshit battery with no injuries, a victim who doesn't want prosecution, and a suspect who's identity is unknown. The OP may or may not have the license plate to the suspect vehicle. That vehicle may or may not be registered to the suspect. And the suspect may or may not live in or close to the jurisdiction of Burlingame. Faced with similar circumstances that is not something I am spending any time or resources on nor am I writing a report.

I've arrested on righteous road rage incidents before. The last one I had the victim was bloody and had a dent kicked in the side of his car. After considerable follow up investigation, I tracked down and arrested the suspects.

I also suspect the OP and his friend in this case also committed traffic misdemeanors leading up to the weak ass battery. This incident is pretty minor on the scope if what we a deal with on a regular basis. In fact, sometimes I am so stacked up with work that it's hard not getting a little annoyed when someone wants to press charges on very minor batteries such as this. It is a lot of work to follow up on cold crimes, only to often have it get tossed out before it goes to court in the interest of justice when the victim later decides with the DA they'd rather drop the whole thing. That is, if the suspect is even identified in the first place.
 
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^ Cool, thx for good follow up explanation bojangle. :thumbup
 
Nick said:
Many LE agencies have policy that they do not take police reports on misdemeanors where the victim does not want prosecution. If the OP was asked what he wanted done about the incident and he told the officer he did not want prosecution, then that's where it ends.

He said in this thread he just wants the guy to get a "reality check." Well..... LE isn't in the business of reality checks. If you want prosecution, then say so. Just be aware that it may involve having to take time off work to go to court and testify in front of the suspect.
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Good point. I missed that.
 
You and your buddy should of handled him then and there, left him in the street. Delete the recording when your done and deny it ever happened, even to yourself. When you have two hooligans vs mr road rage it's not about who causes it, it's about who wins. Now go out there and WIN!
 
Antarius said:
No I had no idea, thank you for enlightening me. :rolleyes

You do realize that there are consequences for all actions. In some cases those consequences are legal, in other cases they are not, in all cases they are consequences of actions created by one party or another. This is the same when a pedestrian hops into the middle of the roadway because they have "the right of way." Sure, the car can't legally hit the pedestrian, but it doesn't really matter how "right" the pedestrian is if he's dead, now does it? Common sense and personal responsibility are required for "law" to work. You can't fix stupid.

This was an event that took two people to cause. It was an event that could have been avoided had one person acted like an adult. In this case, both were acting like asshats and since it's a misdemeanor battery with no injury and no initial request for prosecution it's treated as a lesson learned.

If that's lost on you, well, I'm sure you'll have another opportunity in the future.
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Be easy on him Antarius, he is after all a teacher's pet. My father used to say to me when I was younger. You can be right and you can be dead right.
 
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Forwards said:
You and your buddy should of handled him then and there, left him in the street. Delete the recording when your done and deny it ever happened, even to yourself. When you have two hooligans vs mr road rage it's not about who causes it, it's about who wins. Now go out there and WIN!
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I guess to answer some questions...me and my friend didn't do anything. The VW GTI guy was the one who did his little burn out. And yes this whole story does sound like I was trying to "race" him, but I wasn't. As it turned green, and I accelerated to go, I saw that he was still next to me and that's when he did his "mini burn out" or "launch" (whatever you want to call it). I accelerated a little more to try to get away from him, since I don't like having cars or other vehicles next to me as I'm moving. I might've accelerated a bit more than I should have but didn't go past the speed limit.

It was one of those moments you notice a car is next to you and you want to speed up a little just to get some room from them. And I'm currently cutting the video so you don't have to watch the first 10 minutes of me just cruising down a hill with my friend (and to save some space).

I'm not trying to be a "kid" where a small thing happens to me and I have to go tell the "teacher." This has never happened to me, so I was curious of what could or should be done. I wasn't being an "asshat" or anything, we made some friendly gestures while we were at the light, which is why I was so confused when he decided to get all "macho-man" on me.

I'm not saying I was COMPLETELY innocent since trying to pass him made it seem more like a race. My friend did rev the engine a little, but it wasn't trying to say, "hey let's race." So sit tight, and I'll post the video soon for everyone to enjoy or criticize me or bash me.
 
Yes that guy would have got slept and left in the street with his keys in the nearest gutter.
 
Antarius said:
No I had no idea, thank you for enlightening me. :rolleyes

You do realize that there are consequences for all actions. In some cases those consequences are legal, in other cases they are not, in all cases they are consequences of actions created by one party or another. This is the same when a pedestrian hops into the middle of the roadway because they have "the right of way." Sure, the car can't legally hit the pedestrian, but it doesn't really matter how "right" the pedestrian is if he's dead, now does it? Common sense and personal responsibility are required for "law" to work. You can't fix stupid.

This was an event that took two people to cause. It was an event that could have been avoided had one person acted like an adult. In this case, both were acting like asshats and since it's a misdemeanor battery with no injury and no initial request for prosecution it's treated as a lesson learned.

If that's lost on you, well, I'm sure you'll have another opportunity in the future.
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No i don't think you get it. There is no right protecting you from being offended. You can offend people. People can offend you. Nobody has the right to touch anybody else. This isn't jersey shore, br0.
 
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Oops sorry for those that couldn't see it. It was embedded into the first post, just incase you can't see the embedded one, I added the direct link.
 
Report it. If you don't, I will....

Just kidding.

Glad you're okay tho. But yeah go ahead and report it. Enraged drivers like that should definitely reprimanded.

No excuse whatsoever for hitting you.
 
Just watched the video. Thats fucking cocaine. Why doesn't this shit ever happen to me? That haircut. Which fine american institution does he belong to?
 
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I do not know if I could have just let him walk away after that shit. Secondly, don't stay on your bike when someone walks up to you like that unless you are getting the fuck away from them.
 
SummerLove said:
I do not know if I could have just let him walk away after that shit. Secondly, don't stay on your bike when someone walks up to you like that unless you are getting the fuck away from them.
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Ya...I figured that after he drove off haha. I think I was dumbstruck because I had no idea how it even escalated to that. But next time someone does that to me, I'll be sure to put the kickstand down and ready my carbon fiber knuckles.
 
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