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Vandalism Charge...?

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ariscus99

Junior Member
What is the name of your state (only U.S. law)? California


Well I had a stupid run in today with someone while riding, and was wondering if anyone else has been dumb like I was and what their outcome was.

No short way to tell this, so please hang in there;
Basically I was on my way home, on a 3 lane road(3 lanes each direction), I was splitting the 2 and 3 lanes and went to accelerate around a car about 100 yards before a traffic light, as I accelerated by she sped up and moved towards me in an attempt to not let me get ahead of her. At the light as we slowed to a stop she moved over further basically pushing me from the center of the two lanes into the #3 lane and we were almost stopped so I had to lean over so as to not get hit by her when the light turned green she took off and came into the #3 lane, I had to move over even further, so I kicked her tire(still going under 5mph), she must have seen or heard or felt it, because then she started blocking me from getting around her, and almost slammed into me a couple more times, as I was able to get by her on the left side of her she swerved back at me, so I slapped her mirror(apparently knocking the whole thing off) as I accelerated past her, she then came up after me again(somewhat understandably now) and almost rear ended me, I had to squeeze between two cars as she almost hit me from the rear again. Same thing happened again at the next light. I didn't know what she was going to do(try to hit me or what) so I took off through a neighborhood and onto a freeway, to get away from her(also keep in mind at this time I didn't now it was a her, I couldn't really make out the person in the car, so it could've been anyone as far as I knew), and doubled back to my house. Then, about 45 minutes later, I get a knock on the door from the police. Apparently she wrote down my license plate number and called the cops. The two officers(one a regular cop, the other a motor cop), asked what happened, I told them , they gave me her very strange nothing connecting side of the story which was basically I got mad I couldn't get past her then kicked her door in and ripped her mirror off. They said that she wanted me charged with vandalism and if the mirror cost more than $400 it would be felony vandalism(luckily its a pos car and I called a body who owns a body shop and asked what the replacement wold cost and he said $250-300 installed so no felony charge). The motor was sympathetic but the other cop was a d**k. And didn't care about my side of the story, he said if she tried to hit me that's attempted vehicular manslaughter and asked if I wanted her charged with it, so I said yeah. And he retorted with a "prove she did that". I asked if I could contact the girl to try to pay her and get it over with, and he said no. They gave me a case number and left.

So basically if you're still with me here, thanks, and anyone else ever been in this situation, and what was your outcome, or is there anyone for me to fight this?
 


justalayman

Senior Member
no witnesses, you never called the police to report somebody trying to run you over and especially since you ripped her mirror off; not looking good for you.

Removing somebody's mirror is not a defensive action.

body who owns a body shop and asked what the replacement wold cost and he said $250-300
hopefully that wasn't your special discount price because that doesn't mean anything if it was.

were you cited for anything? Any charges?
 

OHRoadwarrior

Senior Member
Stupid crap like this is why lane splitting is only supposed to be done, when it can be done safely. Road rage on a bike is not smart.
 

ariscus99

Junior Member
The body shop price isn't the friends and family discount, it was retail with 1 hour for install which is what his estimator called for.

I was not cited or charged with anything, the regular officer said he would finish his report, and submit it to the DA and recommend a warrant for my arrest for vandalism.

IMHO slapping the mirror was a defensive action, I was being attacked with a car, and slapped at it, and drove away. As I explained to the cop, I didn't call because I had no information, over that it was a white car. Was I supposed to call the cops and say a white car tried to hit me 20 minutes ago? They would have said okay, any license plate number or witnesses? Have a nice day.
 

ariscus99

Junior Member
As for the lane splitting comment, I was sitting on the edge of the 2-3 lane no one in the 3 lane, doing so, so cars could also use that lane, which is what I always do. And I was being defense or reactionary at worst, she swerved towards me multiple times, that is what is pull consider "road rage."

Highwayman, thanks for the insight.
 

LdiJ

Senior Member
The body shop price isn't the friends and family discount, it was retail with 1 hour for install which is what his estimator called for.

I was not cited or charged with anything, the regular officer said he would finish his report, and submit it to the DA and recommend a warrant for my arrest for vandalism.

IMHO slapping the mirror was a defensive action, I was being attacked with a car, and slapped at it, and drove away. As I explained to the cop, I didn't call because I had no information, over that it was a white car. Was I supposed to call the cops and say a white car tried to hit me 20 minutes ago? They would have said okay, any license plate number or witnesses? Have a nice day.
Yes but, had you simply backed off and stopped trying to pass someone who clearly wasn't going to let you pass, there would have been no need to slap anything.
 

CdwJava

Senior Member
If the DA files the vandalism charge, consult an attorney. if you cannot afford an attorney, ask for a public defender at your arraignment.

Do NOT miss the court date on any citation or summons you might receive. If arrested on a warrant for the vandalism, say nothing and be prepared to make bail quickly.

There is no way to know what a DA might do with this. If the office is busy with far more serious offenses and woefully understaffed as many are, then you can probably expect NOT to be charged. But, don't count on that. Be prepared.
 

Zigner

Senior Member, Non-Attorney
As for the lane splitting comment, I was sitting on the edge of the 2-3 lane no one in the 3 lane, doing so, so cars could also use that lane, which is what I always do.
My understanding of safe motorcycle riding is that, when passing a vehicle in an adjacent lane, you should not ride on the side of the lane closest to the vehicle. If there was nobody in the #3 lane, then you should have been in the middle of lane #3...
 

eerelations

Senior Member
How on earth could slapping a car with your hand somehow prevent said car from injuring/killing you? You think people actually believe you thought this?
 

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