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In reply to the discussion: Caught on video: Father with family in SUV chased, beaten by speed-demon bikers [View all]wercal
(1,370 posts)I'll eat my hat if the driver gets a failure to avoid ticket. I can't re-re-re-explain it any more clearly. The rider was acting in a menacing manner - which is why he was arrested. The driver is not obligated to play along in this mad max episode. He just isn't.
I design roads for a living...and have taken classes on the nature of public ROW. One of the central principles, embedded in many of our laws, is an absolute prohibition against unlawfully impeding somebody's movement in the ROW. This was more akin to unlawful detainment bordering on kidnapping than a typical traffic accident. You see, you just. Flat. Dont. Get to force somebody to stop on the ROW. Period. If you think about the meaning of the term 'right of way', you will start to understand that. We all have an unquestionable right to move freely in the public row. It exists so we don't have to cross all over each other's private property, charge each other tolls, fence each other out, etc. It is set up to instead offer freedom of movement in this nation and is tiee to the notion of 'freedom' and 'free country'...especially with prohibitions that not even the states can prevent free movement across their borders.
When dozens of bikers surround me, menace me, recklessly endanger me, recklessly endanger my child, and attempt to prevent my legal and free movement on the ROW, they are violating my rights, and violating the spitlrit of this right as codified in many of our laws. On the open seas, it would not be a stretch to compare this to piracy. They don't get to detain me. I do get to keep moving. I do get to consider an attempt to detain me as dangerous....and a threat of severe bodily harm or death to me. So, I get to use deadly force to get out of the situation.
So far, the police chief agrees with me.