False accusation...

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OldSchool
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Re: False accusation...

#16

Post by OldSchool »

CC Italian wrote:I can't think of a more G rated way to say it then that.
Just say "the common salute from the mentally challenged."

Some excellent reminders here. It's also hard for me to keep my cool when anyone, 2- or 4-wheel, is being stupid. However, I like my vehicles far more than my pride, so I will back off (doing my venting after I get home). :banghead:
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LabRat
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Re: False accusation...

#17

Post by LabRat »

Steveincowtown;

Seen that video several times....good, no, Great information.

I rewatch it from time to time to remind me of what not to do.

Thanks,
LabRat
This is not legal advice.
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Beiruty
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Re: False accusation...

#18

Post by Beiruty »

Seabear wrote:I was reading the road rage thread and remembered that I hadn't posted this story.

Recently a friend of mine told me about a bad situation his nephew is in. Seems he was riding his motorcyle to or from work and a lady cut him off nearly hitting him. He watched her go ahead and nearly swipe another unrelated MC. The second ridder flipped her off and sped away. When they came to the next stop light my friends nephew yelled at the lady telling her she nearly hit him and the other rider and that she needed to pay attention. The light turned green and he took off. Next thing he knows this lady is tailgating him. He speeds up and gets away from her. When he gets home 3 police officers show up and say that the lady had called in and said that he waived a pistol at her and threatened her. As it turns out he has a CHL and was carrying. He explained to the police what happened and that he in no way would have done that and risk loosing his CHL and his job for which he has to have top security clearance. 2 officers believed him and felt the lady was lying, but one didn't believe him. Now he has a little legal battle to deal with.

It mad me realize just how easy a CHLer could be falsely accused and when checked, sure enough, there is a gun. Hmmm, how you gonna get out of that one?
Can she describe the gun? how was the rider able to re holster while riding? Any other witnesses? Many questions to asked to prove she was lying.
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Venus Pax
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Re: False accusation...

#19

Post by Venus Pax »

Once the police arrive at your house, speaking to them will result in no good outcomes.

A woman I know tried to press animal cruelty charges on me a few years ago. When law enforcement spoke to me about it, I gave them my statement, and no charges were pressed. They told me later that they were fairly certain she was making false accusations to begin with. Like CPS, I believe that LEOs are obligated to investigate certain accusations.
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shootthesheet
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Re: False accusation...

#20

Post by shootthesheet »

It is always smart to keep your mouth shut in a situation like that. Give her a angry or disappointed look but keep your mouth shut. I don't know if a gun was pulled or shown or not. All I know is it is best to let it go or better yet get her license plate number and call 911 on her for her driving.

The person with the most control over their own actions is usually the one that comes out on top. Good luck to the guy.
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NavAir
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Re: False accusation...

#21

Post by NavAir »

I have had a few instances of road rage directed at me. What I do is take out my cell phone and make sure the other driver sees it. I did actually dial 911 once, because the other driver hit another car and was getting ready to leave the scene, but otherwise don't call. It puts the other driver on notice, and he assumes that the police have been called.
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Oldgringo
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Re: False accusation...

#22

Post by Oldgringo »

NavAir wrote:I have had a few instances of road rage directed at me. What I do is take out my cell phone and make sure the other driver sees it. I did actually dial 911 once, because the other driver hit another car and was getting ready to leave the scene, but otherwise don't call. It puts the other driver on notice, and he assumes that the police have been called.
Why not call?

Bullwhip
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Re: False accusation...

#23

Post by Bullwhip »

Pretty hard to draw a pistol, wave it around, and re-holster while riding a motorcycle.

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Seabear
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Re: False accusation...

#24

Post by Seabear »

I've been out of town, and have not been able to get any new details . I'll let you guys know as I learn more.
Carry safe and carry when and where you can. I'm just sayin'.

Shorts
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Re: False accusation...

#25

Post by Shorts »

Sounds like the lady thought the bird the guy flipped was a gun. Then by sheer coincidence your buddy who was near the scene also on a bike was a CHLer who happened to be carrying.


And to review, the lady misidentified a finger for a gun. Then thinks there's only one biker, by way of her identifying and following the wrong biker. Yeah, no wonder she almost ran those poor guys off the road. She REALLY didn't see them.
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Shorts
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Re: False accusation...

#26

Post by Shorts »

Bullwhip wrote:Pretty hard to draw a pistol, wave it around, and re-holster while riding a motorcycle.

I'd ask her what hand "the guy waved at gun" at her with. Likely he flipped her off with the left hand. Hopefully your buddy is a right hander and carries on the right side. Otherwise it's a pretty good circus trick to draw with the left hand from a right hand holster while riding down the road..
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KD5NRH
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Re: False accusation...

#27

Post by KD5NRH »

PBratton wrote:I would bet that there are a few cameras in the area of the incident that may provide some clarity.
I may be adding one of these to my surveillance arsenal soon: http://www.dealextreme.com/details.dx/sku.47695" onclick="window.open(this.href);return false;
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RiverCity.45
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Re: False accusation...

#28

Post by RiverCity.45 »

A cautionary tale. If you have a CHL, resist the urge to "educate" others about their driving skills. If they are a danger, call the police.
Last edited by RiverCity.45 on Mon Dec 20, 2010 11:47 am, edited 1 time in total.
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NavAir
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Re: False accusation...

#29

Post by NavAir »

Oldgringo wrote:
NavAir wrote:I have had a few instances of road rage directed at me. What I do is take out my cell phone and make sure the other driver sees it. I did actually dial 911 once, because the other driver hit another car and was getting ready to leave the scene, but otherwise don't call. It puts the other driver on notice, and he assumes that the police have been called.
Why not call?
For flippin' me the bird? I think my routine will de-escalate, without excessive "nuisance" calls to 911.

txbirddog
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Re: False accusation...

#30

Post by txbirddog »

LabRat wrote:
Seabear wrote:I was reading the road rage thread and remembered that I hadn't posted this story.

Recently a friend of mine told me about a bad situation his nephew is in. Seems he was riding his motorcyle to or from work and a lady cut him off nearly hitting him. He watched her go ahead and nearly swipe another unrelated MC. The second ridder flipped her off and sped away. When they came to the next stop light my friends nephew yelled at the lady telling her she nearly hit him and the other rider and that she needed to pay attention. The light turned green and he took off. Next thing he knows this lady is tailgating him. He speeds up and gets away from her. When he gets home 3 police officers show up and say that the lady had called in and said that he waived a pistol at her and threatened her. As it turns out he has a CHL and was carrying. He explained to the police what happened and that he in no way would have done that and risk loosing his CHL and his job for which he has to have top security clearance. 2 officers believed him and felt the lady was lying, but one didn't believe him. Now he has a little legal battle to deal with.

It mad me realize just how easy a CHLer could be falsely accused and when checked, sure enough, there is a gun. Hmmm, how you gonna get out of that one?
A lot of things went wrong in this scenario from the get-go.

1st: The first person to call the cops is the victim, regardless of what was done.
If you see a dangerous maneuver, call the cops, give good info and let them sort it out.

2nd: Never interact negatively with another motorist; either verbally or by demonstration (swerving near to them, etc.)
Don't do it and then refer to #1 above.

3rd. Once the police arrive at your house, speaking to them will result in no good outcomes.
(I input in another thread regarding this thought).
There is no way to talk yourself out of being arrested or charged. Either they've already decided to arrest or not.
What you say will not sway them one way or the other and you give them further information they didn't already have or suspect.

Remember, 3 cops were sent, not 1....so someone already thought this was a very serious matter.

Now that the cops have verbal information from the accused (rightly or not), its not just the woman's word against the rider, all 3 cops will now testify that:

a) defendant told us he had a verbal altercation with the woman (confirms an important piece of her story);

b) He was carrying a handgun at the time we spoke to him (can't be avoided due to CHL rules on identification), and here's the kicker.

c) He stated that he did have a handgun at the time the woman reported (albeit falsely) that he pointed a gun at her.

All the cops had before he spoke was her accusation and the fact that he was carrying a gun at the time THEY SPOKE TO HIM.

The now-defendant supplied the information that he had the gun at the time of the verbal altercation.....that slams the door on "Honest officer, I didn't do it because I'm a CHL holder" defense. "People" are capable of anything at anytime. Its like your stockbroker telling you "past performance is no indication of future results".

While 2 out of 3 cops believed the guy, it only takes 1 officer to arrest anyone. And you likely won't be able to use that "disagreement" between them as any indication of whether the MC rider is really innocent. It'll be inadmissible since its opinion, not based on "fact" (wherever they may have come from).

In this case a camera video would help alot if it captures the entire event. Doubtful.

This woman guessed and got lucky; but the MC rider helped build the case against himself.

All this is just my opinion................

LabRat
The other thing he did WRONG is "challenge" a cage driver while riding a motorcycle. She had a 2,000 pound deadly weapon!!!
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