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One for the armchair lawyers

Discussion in 'The Pub' started by gegvasco, Oct 4, 2007.

  1. Set the scene - I walk to work most mornings and there is this one dickhead on a pushy that always rides up the footpath even when there is a totally clear wide empty road. Normally not a problem as there is enough room to get past, even though he maintains his line and the pedestrians get out of his way. But then he decides I have to get out of his way when we reach a choke point in the footpath and if I hadn't jumped out of the way he would have flattened me. Next day I stop him and tell him to stay off the footpath or at least don't knock people over. As expected, I get the finger, a f^&* off and he rides off. So I figure, fine. Next time I won't get out of the way and will brace up for the impact. But I figure this then becomes a bit of his word against mine if it gets ugly. So I take a photo of him this morning just missing me on the footpath to establish a record of his behaviour before any future incident. He sees what I am doing and spits on me. I got it on camera! So I go and report this to the cops. The junior constables on the desk say "Yeah, we can fine him for riding on the footpath. Spitting on you, especially in the face, is technically assault". They then go and confer with the desk SGT and now the story becomes "Best thing to do is walk to work another way". WTF! :shock: I say to them you've got to be kidding and they just shrug their shoulders.(This plus the accident I had on the bike 2 weeks ago where they didn't fine the guy for an unsecured load have now precipitated a formal complaint letter)

    So now where does that leave me. This bloke has technically assaulted me but I can't really prove it apart from a photo that looks like he is spitting in my direction. He is still riding in a threatening manner. The Police have advised ME to go a different way. So the question I have is if tomorrow this bloke tries to mow me down again and I brace up and send him flying(100kg can have it's advantages), then where do I stand?

  2. Go the same way to work avec baseball bat! :evil:
  3. That just sounds like pure laziness on their behalf :roll:.
  4. I find a judiciously placed stick through the spokes works wonders :LOL:
    Let his own momentum do the work.
  5. Step 1
    Remove this thread as it is evidence of premeditaion.
  6. I'd love to but then I lose my job when I get charged with assault. He certainly isn't worth it. If he hits me on the footpath and I had deliberately not got out of the way I had figured I would be OK given the location but now that the Police have told me to go another way, I'm unsure about what the legalities are of deliberately not avoiding a collision.
  7. I don't have a problem with that side of it in that I am not going out of my way to make him crash. It isn't premeditated assault as I'm not planning on assaulting him. All I am doing is standing my ground when he is doing something illegal that threatens me.
  8. It's a bicycle and legally should not be ridden on the footpath. Brace for impact and let him have it.

    Regards, Andrew.
  9. I'm not sure about NSW but in VIC you are NOT allowed to ride a bicycle on the footpath at all unless you are
    - under 12 years old
    - escorting someone who is under 12 years old

    Find out if this applies in your state... (probably on the NSW roads/RTA website )
  10. If that prick spat on me i would have knocked him of his bike and spat on him then kicked him in the nuts :evil:
  11. There is an offence of "Pedestrian Fail To Avoid Collision" but it does not apply on footpaths. He is in the wrong. If he does hit the pavement after colliding with you might I suggest you check yourself very thoroughly for injuries and have them documented by way of either Ambulance attendance or a visit to a Doctor. If it comes to a battle of versions, it won't look too good if he's all banged up and you aren't.
    Oh - and your local Police have fobbed you off. Keen Constable has been nobbled by cranky Sergeant. It happens.
  12. You're just still shitty that Geelong won.. :p
  13. Thanks. This is the sort of thing I was looking for. I had assumed that if I hunkered down and stood in place with the shoulder presented, and he hit that, he would end up a lot more banged up than me once he had ricocheted and hit the tarmac. Another option I was considering was to do exactly the same thing again tomorrow. Get out of his way and take another photo. If he reacts illegally again then I will insist action is taken given it is ongoing.

    The ironic part about all this is that one of the main reasons why I walk to work is to get away from the dangerous idiots on the roads! And then this c%^& comes along.
  14. Too bad you live up north cause I wouldnt lose my job for assault :grin:

    Cheeky dirty prick. :evil:
  15. Nah thats what i would really do,and thats if i was in a good mood :wink:
  16. Follow him to where he leaves the bike, then put that 100kg on the front wheel rim.
  17. I dont understand how every single morning u manage to meet this guy on the bike? Maybe u should just change your schedule like leave 10 mins earlier.... wouldnt that easier than going into battle?? :shock:
  18. Take a walking stick (or hiking pole) and when he gets too close again, 'accidentally' get it tangled in his front wheel.

    Make sure you get it on video, might make a good funniest home video. Or at least post it on YouTube so we can all have a laugh.
  19. Shouldn't have posted and have knocked him out of the way. Now you have a record of your intentions. Silly...
  20. Makes me laugh how everyone seems to think posting on here is gonna be a drama. Our police are too lazy to do the work when somethings right in front of them so unless maybe you literally kill him i highly doubt this information would be sought.

    Mate just be patient, wait for a morning no one else is around and give him a good touch up. By the sound of him he wouldnt go to the cops anyhow and if he did goodluck proving it when you just say he collided with you...

    I think sometimes you have to take these things into your own hands before an innocent party is badly injured.