| Subject: | RE: Road rage. What to do...? |
| Date: | 09/27/2004 04:28 AM |
| From: | bike |
|
This is a multi-part message in MIME format. ------_=_NextPart_001_01C4A4DA.2911C470 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: 8bit As an attorney, I wish to add the following to this dialog: 1) District Attorneys are elected officials (as opposed to police officers who are civil servants). 2) Elected officials endeavor to keep their constituents happy. Civil servants are not elected and do not always endeavor to keep the public happy. 3) Reckless driving is a crime in Oregon punishable by up to one year in jail.. 4) Rather than complaining to the police, I urge all victims of road rage to note license plate numbers and to take their complaints to the district attorneys in the county in which the incident occurs. Begin with a CONCISE letter addressed to the District Attorney that lays out the bare facts and requests a personal appointment with a deputy district attorney for the purpose of filing a complaint and assisting the DA's office in prosecuting the case. Do not sermonize or go beyond the ultimate facts in your letter or you may be written off as a kook and your letter may fall on deaf ears. 6) I believe that it would be helpful to put out a simple on-line petition to OBRA members to gather the support of as many fellow road rage victims as possible to attract the DA's attention to this neglected issue. 7) The relevant criminal law from Oregon's Revised Statutes is pasted below: CARELESS AND RECKLESS DRIVING ORS 811.135 Careless driving; penalty. (1) A person commits the offense of careless driving if the person drives any vehicle upon a highway or other premises described in this section in a manner that endangers or would be likely to endanger any person or property. (2) The offense described in this section, careless driving, applies on any premises open to the public and is a Class B traffic violation unless commission of the offense contributes to an accident. If commission of the offense contributes to an accident, the offense is a Class A traffic violation. [1983 c.338 §570; 1995 c.383 §20] ORS 811.140 Reckless driving; penalty. (1) A person commits the offense of reckless driving if the person recklessly drives a vehicle upon a highway or other premises described in this section in a manner that endangers the safety of persons or property. (2) The use of the term "recklessly" in this section is as defined in ORS 161.085. (3) The offense described in this section, reckless driving, is a Class A misdemeanor and is applicable upon any premises open to the public. [1983 c.338 §571] CRIMINAL LIABILITY ORS 161.085 Definitions with respect to culpability. As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise: (9) "Recklessly," when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. I am a commercial litigator and not a criminal attorney, but feel free to contact me off-line if you desire to discuss any of this further. Regards, Joe Field ++++++++++++++++++++++++++++++++++++++++++++++ Joseph A. Field Field & Associates Oregon National Building 610 SW Alder Street, Ste. 910 Portland, OR 97205 Tel. (503) 228 - 9115 Fax (503) 225- 0276 E mail: jo-@fieldlawfirm.com < mailto:jo-@fieldlawfirm.com> The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the party addressed and the intended recipient of this message, any use, dissemination, distribution, or copying is strictly prohibited. If you think you have received this e-mail message in error, please e-mail the sender at jo-@fieldlawfirm.com. Thank you. -----Original Message----- From: Schreck, George [ mailto:george.-@pacificorp.com] Sent: Monday, September 27, 2004 10:02 AM To: Cp53-@aol.com; TSch-@mackaysposito.com; cmur-@obra.org; obra Subject: RE: [OBRA Chat] Road rage. What to do...? First, if you are going the speed limit, you do have the right to use the lane. Second, the police to have an obligation to follow up, as the driver was diving recklessly and intentionally endangered you. The police do not have a right to wait until someone is injured. There are statutes on the books that make harassment of cyclists a crime. You need to go to the station and swear out a complaint. -----Original Message----- From: Cp53-@aol.com [ mailto:Cp53-@aol.com] Sent: Monday, September 27, 2004 9:55 AM To: TSch-@mackaysposito.com; cmur-@obra.org; obra Subject: [OBRA Chat] Road rage. What to do...? Hey fellow two wheelers, I need the the legal advise of anybody willing to give it. I was riding with 2 other guys on Saturday and had a "run-in" with an ANGRY driver. It was between Fairhaven and HWY 26 on Skyline. We were coming down the hill (doing 25-30mph...it's a 25 zone) and this guy was riding our wheel so close and trying to pass on every bend. We were in the middle of the lane--as we were doing the speed limit. Also because I've ridden up that rode and enough others to know that he could very well pass us into the on-coming lane and hit some other riders head-on or a car with a family in it or whatever. That's why there is a double yellow line there. Anyways, we got to the bottom of the hill where it opens up a bit and he came right up next to me and slams on his brakes to cut me off, forcing me to lock up my rear wheel and fish tail. I managed to stay upright. A yelling match ensued (he had 2 boys in the car with him-probably between 9-13 yrs old-I bet they were proud of ole' dad) and then he took off proudly waving his middle finger out of his convertible beamer. I called the Police right away and they said since nothing happened (no contact damage or injury) there was nothing they could do. What I needed to do was call the DMV and they would send him a letter. So, I call the DMV and guess what? You got it. They say "I don't know why they would tell you that, we're not an enforcement agency". I would like to send message to this guy and remind him there are laws and that he's driving around a car with a license plate on it. It's easy to find out who you are. WHat can I do? Thanks for your help. ENjoy the ride! Chris To respond to the whole group send to ob-@topica.com. To respond to the list manager send to cmur-@obra.org To unsubscribe send to obra-uns-@topica.com ------------------------------------------------------------------------------ This email is confidential and may be legally privileged. It is intended solely for the addressee. Access to this email by anyone else, unless expressly approved by the sender or an authorized addressee, is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action omitted or taken in reliance on it, is prohibited and may be unlawful. If you believe that you have received this email in error, please contact the sender, delete this e-mail and destroy all copies. ============================================================================== To respond to the whole group send to ob-@topica.com. To respond to the list manager send to cmur-@obra.org To unsubscribe send to obra-uns-@topica.com ------_=_NextPart_001_01C4A4DA.2911C470 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: 8bit <!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> <HTML><HEAD> <META HTTP-EQUIV="Content-Type" CONTENT="text/html; charset=iso-8859-1"> <TITLE></TITLE> <META content="MSHTML 6.00.2800.1226" name=GENERATOR></HEAD> <BODY> <P><FONT size=2><FONT size=3>As an attorney, I wish to add the following to this dialog:<BR><BR>1) District Attorneys are elected officials (as opposed to police officers who are civil servants).<BR>2) Elected officials endeavor to keep their constituents happy. Civil servants are not elected and do not always endeavor to keep the public happy.<BR>3) Reckless driving is a crime in Oregon punishable by up to one year in jail..<BR>4) Rather than complaining to the police, I urge all victims of road rage to note license plate numbers and to take their complaints to the district attorneys in the county in which the incident occurs. Begin with a CONCISE letter addressed to the District Attorney that lays out the bare facts and requests a personal appointment with a deputy district attorney for the purpose of filing a complaint and assisting the DA's office in prosecuting the case. Do not sermonize or go beyond the ultimate facts in your letter or you may be written off as a kook and your letter may fall on deaf ears.<BR>6) I believe that it would be helpful to put out a simple on-line petition to OBRA members to gather the support of as many fellow road rage victims as possible to attract the DA's attention to this neglected issue.<BR></FONT></FONT>7) The relevant criminal law from Oregon's Revised Statutes is pasted below:<BR><FONT><FONT><BR><BR>CARELESS AND </FONT><U><STRONG>RECKLESS DRIVING</STRONG><BR></U><BR> ORS 811.135 Careless driving; penalty. (1) A person commits the offense of careless driving if the person drives any vehicle upon a highway or other premises described in this section in a manner that endangers or would be likely to endanger any person or property.<BR><BR> (2) The offense described in this section, careless driving, applies on any premises open to the public and is a Class B traffic violation unless commission of the offense contributes to an accident. If commission of the offense contributes to an accident, the offense is a Class A traffic violation. [1983 c.338 §570; 1995 c.383 §20]<BR><BR> <U><STRONG>ORS 811.140 Reckless driving; penalty</STRONG></U>. (1) A person commits the offense of reckless driving if the person <STRONG>recklessly drives a vehicle upon a highway or other premises described in this section in a manner that endangers the safety of persons or property.<BR></STRONG><BR> (2) The use of the term "recklessly" in this section is as defined in ORS 161.085.<BR><BR> (3) The offense described in this section, reckless driving, is a Class A misdemeanor and is applicable upon any premises open to the public. [1983 c.338 §571]<BR><BR><STRONG>CRIMINAL LIABILITY</STRONG><BR><BR> ORS 161.085 Definitions with respect to culpability. As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise:<BR> <BR> (9) <U><STRONG>"Recklessly,"</STRONG></U> when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.</FONT></P> <DIV><FONT></FONT> </DIV> <DIV><FONT> I am a commercial litigator and not a criminal attorney, but feel free to contact me off-line if you desire to discuss any of this further.</FONT></DIV> <DIV><FONT></FONT> </DIV> <DIV><FONT>Regards,</FONT></DIV> <DIV><FONT></FONT> </DIV> <DIV><FONT size=2><FONT size=3>Joe Field<BR></FONT>++++++++++++++++++++++++++++++++++++++++++++++<BR>Joseph A. Field<BR>Field & Associates<BR>Oregon National Building<BR>610 SW Alder Street, Ste. 910<BR>Portland, OR 97205<BR>Tel. (503) 228 - 9115<BR>Fax (503) 225- 0276<BR>E mail: jo-@fieldlawfirm.com <<A href="mailto:jo-@fieldlawfirm.com">mailto:jo-@fieldlawfirm.com</A>><BR><BR>The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the party addressed and the intended recipient of this message, any use, dissemination, distribution, or copying is strictly prohibited. If you think you have received this e-mail message in error, please e-mail the sender at jo-@fieldlawfirm.com. Thank you.<BR><BR><BR>-----Original Message-----<BR>From: Schreck, George [<A href="mailto:george.-@pacificorp.com">mailto:george.-@pacificorp.com</A>]<BR>Sent: Monday, September 27, 2004 10:02 AM<BR>To: Cp53-@aol.com; TSch-@mackaysposito.com; cmur-@obra.org; obra<BR>Subject: RE: [OBRA Chat] Road rage. What to do...?<BR><BR><BR>First, if you are going the speed limit, you do have the right to use<BR>the lane. Second, the police to have an obligation to follow up, as the<BR>driver was diving recklessly and intentionally endangered you. The<BR>police do not have a right to wait until someone is injured. There are<BR>statutes on the books that make harassment of cyclists a crime. You<BR>need to go to the station and swear out a complaint.<BR><BR>-----Original Message-----<BR>From: Cp53-@aol.com [<A href="mailto:Cp53-@aol.com">mailto:Cp53-@aol.com</A>]<BR>Sent: Monday, September 27, 2004 9:55 AM<BR>To: TSch-@mackaysposito.com; cmur-@obra.org; obra<BR>Subject: [OBRA Chat] Road rage. What to do...?<BR><BR>Hey fellow two wheelers,<BR>I need the the legal advise of anybody willing to give it.<BR>I was riding with 2 other guys on Saturday and had a "run-in" with an<BR>ANGRY driver.<BR>It was between Fairhaven and HWY 26 on Skyline. We were coming down the<BR>hill (doing 25-30mph...it's a 25 zone) and this guy was riding our wheel<BR>so close and trying to pass on every bend. We were in the middle of the<BR>lane--as we were doing the speed limit. Also because I've ridden up<BR>that rode and enough others to know that he could very well pass us into<BR>the on-coming lane and hit some other riders head-on or a car with a<BR>family in it or whatever. That's why there is a double yellow line<BR>there.<BR>Anyways, we got to the bottom of the hill where it opens up a bit and he<BR>came right up next to me and slams on his brakes to cut me off, forcing<BR>me to lock up my rear wheel and fish tail. I managed to stay upright.<BR>A yelling match ensued (he had 2 boys in the car with him-probably<BR>between 9-13 yrs old-I bet they were proud of ole' dad) and then he took<BR>off proudly waving his middle finger out of his convertible beamer.<BR>I called the Police right away and they said since nothing happened (no<BR>contact damage or injury) there was nothing they could do. What I<BR>needed to do was call the DMV and they would send him a letter.<BR>So, I call the DMV and guess what? You got it. They say "I don't know<BR>why they would tell you that, we're not an enforcement agency". <BR>I would like to send message to this guy and remind him there are laws<BR>and that he's driving around a car with a license plate on it. It's<BR>easy to find out who you are. <BR>WHat can I do?<BR>Thanks for your help. ENjoy the ride!<BR>Chris<BR><BR>To respond to the whole group send to ob-@topica.com.<BR>To respond to the list manager send to cmur-@obra.org<BR>To unsubscribe send to obra-uns-@topica.com<BR><BR><BR><BR><BR>------------------------------------------------------------------------------<BR><BR>This email is confidential and may be legally privileged.<BR><BR>It is intended solely for the addressee. Access to this email by anyone else, unless expressly approved by the sender or an authorized addressee, is unauthorized.<BR><BR>If you are not the intended recipient, any disclosure, copying, distribution or any action omitted or taken in reliance on it, is prohibited and may be unlawful. If you believe that you have received this email in error, please contact the sender, delete this e-mail and destroy all copies.<BR><BR>==============================================================================<BR><BR>To respond to the whole group send to ob-@topica.com.<BR>To respond to the list manager send to cmur-@obra.org<BR>To unsubscribe send to ------_=_NextPart_001_01C4A4DA.2911C470-- |
