UK and Europe · Public discussion

Assault with a deadly weapon - a car?

Started by dannyfrankszzz · · Last activity · 26 posts · 1,251 views

Thread navigation

Jump through the discussion

Go to the original post, the replies on this page, or the latest preserved contribution.

Thread details

What we know about this thread

Original section
UK and Europe
Published
22 September 2005
Last activity
25 September 2005
Original author
dannyfrankszzz
Posts
26
Discussion status
Public discussion
Total views
1,251
Views / 30 days
0
Topics

The navigation and discussion metadata provide context. Posts remain in their original chronological order.

Showing posts 1–20 of 26
Posts remain in their original chronological order.

Text size
  1. When I was in town earlier today cycling along, a motorist drove past hurling a load of abuse at me for some reason. I was quite shocked at this as I was unaware that I had done anything wrong. The vehicle stopped at the next set of traffic lights, and I approached the driver’s window querying his actions. The driver hurled more abuse at me and I told him where to go. As the lights turned to green, I spat on the car (yes, I know what you’re thinking, but I’m telling you the whole truth…).

    Anyway, as I continued to cycle on, the driver then drove his vehicle into me leaving me in a heap on the pavement. Fortunately my bike bore the brunt of the collision and I escaped with cuts and bruises and some whiplash. The driver then drove off.

    There were plenty of eye witnesses to the incident who came forward and gave me their details.

    Correct me if I’m wrong, but isn’t assaulting someone with a car at speed ‘assault with a deadly weapon’ and comes under GBH?

    Furthermore, judging from the behaviour of the individual and the way he was talking, I’m certain that he was high on cocaine at the time, although I’m not sure how provable this would be.

    Can anyone clarify the legal situation for me a bit more before I take things any further?

    Thanks.

  2. "dannyfrankszzz" <[email hidden]>
    wrote in message
    news:[email hidden]...

    If you haven't already - report it to the police. If you are a CTC member,
    have a word with the CTC about legal advice.

    Cheers, helen s

  3. "dannyfrankszzz" <[email hidden]>
    wrote in message
    news:[email hidden]...

    Quoted message said:


    When I was in town earlier today cycling along, a motorist drove past
    hurling a load of abuse at me for some reason. I was quite shocked at
    this as I was unaware that I had done anything wrong. The vehicle
    stopped at the next set of traffic lights, and I approached the
    driver's window querying his actions. The driver hurled more abuse at
    me and I told him where to go. As the lights turned to green, I spat
    on the car (yes, I know what you're thinking, but I'm telling you the
    whole truth.).

    Anyway, as I continued to cycle on, the driver then drove his vehicle
    into me leaving me in a heap on the pavement. Fortunately my bike bore
    the brunt of the collision and I escaped with cuts and bruises and some
    whiplash. The driver then drove off.


    I reckon I will be in a minority of one here, but personally I think you are
    a bloody idiot. I don't care how hard anyone is, pick a fight with a car
    and you will lose. Was it really worth it, you injured and your bike
    probably damaged. When such things happen to me I just let it go over my
    head and attribute it all to life's wonderful tapestry.

    Having said that I have been known to leave a cycling shoe shaped dent in a
    car door, but I had an escape route!!

    Bill

  4. dannyfrankszzz said:


    Can anyone clarify the legal situation for me a bit more before I take
    things any further?

    Go straight to the police - the longer you leave it the weaker your
    case. People have been jailed for such actions and it is a criminal,
    not civil, case.

    --
    Tony

    "I did make a mistake once - I thought I'd made a mistake but I hadn't"
    Anon

  5. "Bill" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    I reckon I will be in a minority of one here, but personally I think you
    are a bloody idiot. I don't care how hard anyone is, pick a fight with a
    car and you will lose. Was it really worth it, you injured and your bike
    probably damaged. When such things happen to me I just let it go over my
    head and attribute it all to life's wonderful tapestry.

    There are idiots out there who will "bait" you while you are on a bike, and
    it sounds like the OP took the bait. I have developed a useful survival
    skill of *acting* like like I have not even noticed these idiots, as even
    acknowledging their sorry existence is a waste of your time.

  6. dannyfrankszzz said:


    When I was in town earlier today cycling along, a motorist drove past
    hurling a load of abuse at me for some reason. I was quite shocked at
    this as I was unaware that I had done anything wrong. The vehicle
    stopped at the next set of traffic lights, and I approached the
    driver’s window querying his actions. The driver hurled more abuse at
    me and I told him where to go. As the lights turned to green, I spat
    on the car (yes, I know what you’re thinking, but I’m telling you the
    whole truth…).

    Anyway, as I continued to cycle on, the driver then drove his vehicle
    into me leaving me in a heap on the pavement. Fortunately my bike bore
    the brunt of the collision and I escaped with cuts and bruises and some
    whiplash. The driver then drove off.

    There were plenty of eye witnesses to the incident who came forward and
    gave me their details.

    I think you were an idiot.
    Retaliating against someone who is already clearly a maniac is only
    asking for further trouble. It will almost certainly result in the
    driver becoming more aggressive, if not against you against someone else.
    The driver clearly had a problem of some kind.
    By telling him "where to go" and spitting you effectively have lowered
    yourself to the same level as the driver. IMO you should have taken the
    number of the vehicle and reported it rather than getting involved.

    Quoted message said:

    Correct me if I’m wrong, but isn’t assaulting someone with a car at
    speed ‘assault with a deadly weapon’ and comes under GBH?

    I'm sure it could be taken that way, but given your responses I think
    you should count yourself lucky the drive didn't pull a knife or a gun
    on you.

    Never *ever* should a cyclist retaliate aggressively. The risks are just
    far too high.

    Quoted message said:

    Furthermore, judging from the behaviour of the individual and the way
    he was talking, I’m certain that he was high on cocaine at the time,
    although I’m not sure how provable this would be.

    Irrelevant. If anything, you may find that it would be used as a
    mitigating circumstance - on the driver's behalf. I can imagine the plea
    by the defence: "M'lud, my client has depression caused by [insert wife
    playing away, dog dying, alcohol dependency] and is taking medical
    advice [he's seen the station doctor] to remedy it" :-(

    Quoted message said:

    Can anyone clarify the legal situation for me a bit more before I take
    things any further?

    Notwithstanding the above, I think you should report it, but be aware
    that you will end up on the end of the questionning too.
    Given the attitude of many in 'authority' to cyclists and their oft
    pro-motorist stance, you may find yourself under quite a bit of fire.

    I doubt you wanted to hear this, but I found myself in a similar
    situation once when I was physically attacked. The attacker will
    *always* plead provocation, then, if/when that fails out will come the
    mitigating circumstances.

    John B

  7. Bill said:

    "dannyfrankszzz" <[email hidden]>

    Quoted message said:

    When I was in town earlier today cycling along, a motorist drove past
    hurling a load of abuse at me for some reason. I was quite shocked at
    this as I was unaware that I had done anything wrong. The vehicle
    stopped at the next set of traffic lights, and I approached the
    driver's window querying his actions. The driver hurled more abuse at
    me and I told him where to go. As the lights turned to green, I spat
    on the car (yes, I know what you're thinking, but I'm telling you the
    whole truth.).

    Anyway, as I continued to cycle on, the driver then drove his vehicle
    into me leaving me in a heap on the pavement. Fortunately my bike bore
    the brunt of the collision and I escaped with cuts and bruises and some
    whiplash. The driver then drove off.

    I reckon I will be in a minority of one here, but personally I think you are
    a bloody idiot.

    You're probably right. But that doesn't alter the fact that the OP was
    assualted with intent to cause GBH (at least) and his attacker needs
    to be locked (if not strung) up. If the price of this is accepting a
    slapped wrist for conduct likely to cause a breach of the peace, so be
    it. Hope he's got his number and description.

    Colin McKenzie

  8. dannyfrankszzz said:

    Correct me if I’m wrong, but isn’t assaulting someone with a car at
    speed ‘assault with a deadly weapon’ and comes under GBH?

    GBH implies serious injury, a broken bone - even a broken nose is
    classed as GBH. Cuts and bruises is actual bodily harm (ABH).

    Spitting at someone is common assault.

  9. "Bertie Wiggins" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    Spitting at someone is common assault.

    Is spitting *on a car* common assault? ....or is it "criminal damage"?


  10. Quoted message said:

    Having said that I have been known to leave a cycling shoe shaped dent in


    a

    Quoted message said:

    car door, but I had an escape route!!


    And would you be willing to pay for the damage should you be caught?

    The smug pride in causing criminal damage to motor vehicles leaves me
    speechless at times. It simply cannot be justified.


  11. Quoted message said:

    Is spitting *on a car* common assault? ....or is it "criminal damage"?


    Neither, it's stupidity that can precipitate a chain of events out of all
    proportion the the action that precipitated the spitting.

    Spitting can be interpreted in many ways, none of them positive. I was once
    accosted by a motorist who complainted to me about a cyclist 400m ahead
    who'd spat on her car. I think she thought that I knew the cyclist, we were
    on an Audax ride, but clearly she was shocked and disgusted enough to seek a
    channel to complain through and I appeared to be 'it'. I don't even know
    what she expected me to do about it. I didn't know the cyclist from Adam but
    he could, perhaps, have chosen his moment more carefully.

    In a seperate incident, I once had to restrain a senior colleague who had
    been spat upon to prevent physical retribution against the child who'd done
    the spitting. It was a really ugly incident and I was surprised by the
    vehemence of the response by someone who had previous had remained calm in
    the most stressful of situations with children.

    Different folks have different triggers for extreme responses. I suggest
    that spiiting is just about a universal trigger and ought not to be done.

  12. in message <[email hidden]>, Colin

    McKenzie (') said:
    Bill said:

    "dannyfrankszzz"
    <[email hidden]>

    Quoted message said:

    When I was in town earlier today cycling along, a motorist drove past
    hurling a load of abuse at me for some reason. I was quite shocked at
    this as I was unaware that I had done anything wrong. The vehicle
    stopped at the next set of traffic lights, and I approached the
    driver's window querying his actions. The driver hurled more abuse at
    me and I told him where to go. As the lights turned to green, I spat
    on the car (yes, I know what you're thinking, but I'm telling you the
    whole truth.).

    Anyway, as I continued to cycle on, the driver then drove his vehicle
    into me leaving me in a heap on the pavement. Fortunately my bike
    bore the brunt of the collision and I escaped with cuts and bruises
    and some
    whiplash. The driver then drove off.

    I reckon I will be in a minority of one here, but personally I think
    you are a bloody idiot.

    You're probably right. But that doesn't alter the fact that the OP was
    assualted with intent to cause GBH (at least) and his attacker needs
    to be locked (if not strung) up. If the price of this is accepting a
    slapped wrist for conduct likely to cause a breach of the peace, so be
    it. Hope he's got his number and description.

    Agreed. Yes, it was stupid to spit on the car, but people cannot be
    allowed to get away with using cars as weapons. For all of our
    safety, /everyone/ who does it needs to be 'made an example of'.

    --
    [email hidden] (Simon Brooke) http://www.jasmine.org.uk/~simon/

    ;; 'I think we should trust our president in every decision
    ;; that he makes and we should just support that'
    ;; Britney Spears of George W Bush, CNN 04:09:03

  13. Adrian Boliston <[email hidden]> whizzed past me shouting

    Quoted message said:

    "Bertie Wiggins" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    Spitting at someone is common assault.

    Is spitting *on a car* common assault? ....or is it "criminal damage"?


    Neither, since no damage has been done to the silly thing.
    It could be "behaviour likely to cause a breach of the peace" but the OP
    had been provoked.

    Some people see motorthingies as sacred idols that must be utterly
    inviolate. That's sad. Birds will [censored] on your car, dogs will [censored] on
    it, it's no big deal if the OP spits on it.

    --
    Sue ]|(🙂

  14. I was once attacked in my consultation room by a drug addict (who
    wanted to get taken off my list and assigned to another gp whom he
    might fool for a while until the notes caught up).
    The receptionist , hearing the noises, called the police, who sent a
    constable 1/2 hr later.
    He said that since I had only a few facial bruises the Derbyshire
    police were not interested.

    So if your gp refuses to fuel your habit, do as you feel.
    Only next time I might be more vigorous with my defence, believing, as
    I do now, that the police will be useless.
    TJ

  15. dannyfrankszzz said:

    Correct me if I’m wrong, but isn’t assaulting someone with a car at
    speed ‘assault with a deadly weapon’ and comes under GBH?

    Even if they claim it was an "accident", IIRC, driving off without
    reporting an accident where someone is injured is an offence. So,
    unless they tell the police what they did, they are guilty of that at
    the very least.
    --
    ------------------------------------------------------------------
    - Stuart Millington ALL HTML e-mail rejected -
    - [email hidden] http://w3.z-add.co.uk/ -

  16. Bertie Wiggins said:
    dannyfrankszzz said:

    Correct me if I’m wrong, but isn’t assaulting someone with a car at
    speed ‘assault with a deadly weapon’ and comes under GBH?

    GBH implies serious injury, a broken bone - even a broken nose is
    classed as GBH. Cuts and bruises is actual bodily harm (ABH).

    Spitting at someone is common assault.

    I think you'll find that he 'lured' the cyclist to spit onto his car.

    That is much more serious.

  17. Bill said:

    I reckon I will be in a minority of one here, but personally I think you are
    a bloody idiot.

    Not really that contentious that it was None Too Clever, the question
    wasn't "was I smart?" but "what next?"

    Pete.
    --
    Peter Clinch Medical Physics IT Officer
    Tel 44 1382 660111 ext. 33637 Univ. of Dundee, Ninewells Hospital
    Fax 44 1382 640177 Dundee DD1 9SY Scotland UK
    net [email hidden] http://www.dundee.ac.uk/~pjclinch/

  18. Bertie Wiggins said:

    Spitting at someone is common assault.

    Presuming the driver noticed it - surely in this case it was a sneeze
    that unfortunately hit the car (me lud)
    All the best
    Dan Gregory

  19. dannyfrankszzz said:

    Anyway, as I continued to cycle on,

    Not a good idea spitting on someones car then cycling in front of him.

    the driver then drove his vehicle

    Quoted message said:

    into me leaving me in a heap on the pavement

    Not of course that spitting is any justification for running you down.

    Quoted message said:

    There were plenty of eye witnesses to the incident who came forward and
    gave me their details. Correct me if I'm wrong, but isn't assaulting someone with a car at
    speed 'assault with a deadly weapon' and comes under GBH?

    Well its some kind of assault. In Scotland its been charged as
    attempted murder although usually dropped to serious assault. Report it
    to the police.

  20. Quoted message said:
    Quoted message said:

    I was once
    accosted by a motorist who complainted to me about a cyclist 400m ahead
    who'd spat on her car. I think she thought that I knew the cyclist

    Of course you knew him - all cyclists know each other. As confirmed by
    the number of motorists who, when they realise they've done something
    stupid and/or illegal, will wind down the window and start ranting that
    "all you cyclists are nutters, one of you lot just cycled straight off
    the pavement into my path not five minutes ago..."

Active in the last 60 minutes

Active in this thread

0 users · 0 guests ·0 bots ·0 total

No signed-in users are active right now.

No known search crawlers active right now.