the 1 situation (cont.. from gun thread) - Sportbike Forum: Sportbike Motorcycle Forums
Reply
 
LinkBack Thread Tools Display Modes
post #1 of 26 (permalink) Old 02-26-2001, 11:27 AM Thread Starter
 
Join Date: Jan 2000
Posts: 503
last summer a friend of mine & i were headed to a favorite road. the interstate was unusually busy & we were lane splitting. he wasnt the most curtious or brightest of people & liked to make his bike back fire inbtwn cars (to scare em of course). i would stay a distance behind him because i didnt want to get hit & i deffinatly didnt condone it.

it caught up to him. some guy w/a ratty station wagon swirved to hit him. almost did. & not just once. several times (he said the car did touch him once.. i didnt see it though). when he got out in front the guy tried to smash him from behind.

i dont know if i would have had a legal right to do so.. but if i had had a gun i would have emptied the mag.
SpeedPhreak is offline  
Sponsored Links
Advertisement
 
post #2 of 26 (permalink) Old 02-26-2001, 12:08 PM
 
Join Date: Jun 2000
Posts: 1,093
Why? In this case you have two darwin contestants battling it out. Whoever wins(station wagon), wins.
Rug Burn is offline  
post #3 of 26 (permalink) Old 02-26-2001, 12:31 PM
 
Join Date: Dec 2001
Posts: 1,510
Quote:
Originally posted by Rug Burn
...In this case you have two darwin contestants battling it out...
Stop it, Clark...yer killin' me!

This one time, I was lane splittin', and an 82 year old grandmother of 14 accidently swerved into my lane. Even though it was unintentional, it really pissed me off. So, when we got to the next intersection, the light was red, and I pulled-out ma' nine and capped dat bitches ass!
748 Abuser is offline  
 
post #4 of 26 (permalink) Old 02-26-2001, 01:30 PM
 
Join Date: Feb 2001
Posts: 698
Quote:
Originally posted by SpeedPhreak
some guy w/a ratty station wagon swirved to hit him. almost did. & not just once. several times (he said the car did touch him once.. i didnt see it though). when he got out in front the guy tried to smash him from behind.

i dont know if i would have had a legal right to do so.. but if i had had a gun i would have emptied the mag.
I don't know. This sounds like a very questionable use of deadly force. I mean, being in a motorcycle and splitting lanes, your friend was in a great position to run away easily. Only when you're cornered and have no other alternative to save your life should deadly force be used. I know this isn't always clear cut but this is the way courts see it. The law does NOT see in grey. It's either right or wrong, nothing in between. Judging by your account of the story, your friend should have run away and ended the confrontation. If you had a gun at that time(even if you were the one being run down by that station wagon), and emptied the mag as you said, you would have gone to jail because you had a way out and you didn't take it. Instead, you killed the driver(theoretically of course) by emptying the mag. And by emptying the magazine, the law will look at it as a malicious act with intention of killing(not defending your life). Believe it or not, criminal jurors and district attorney's believe that one shot is all you need. Anything beyond is intention to kill not defend. Being an NRA member, I've read many cases of self-defense shootings that have gone to court and turned ugly. The most common tragedy is not the fact that someone died, but the fact that the victim can easily be turned into a "murderer" by district attorney's/prosecutors simply because they shot more than once or the self-defense issue was in doubt. A bit of doubt is all you need to turn jurors against you. Sorry for the lecture.
Rogue_Biker is offline  
post #5 of 26 (permalink) Old 02-26-2001, 02:18 PM
 
Join Date: Oct 2000
Posts: 222
Wink

Nah, I'm fairly certain that you could've tore that dude a new one. You need to carry a smokewagon bro! Take care all.
Kawboy is offline  
post #6 of 26 (permalink) Old 02-26-2001, 05:24 PM
 
Join Date: Jun 2000
Posts: 5,474
I'm no expert here but I believe you would be facing a tough battle in court. I agree with the idea that you must use every means available before using deadly force. The jury is going to think that a motorcycle rider had plenty of ability to get away.

We had a situation here in TN and NC at Deal's Gap last summer that is not much different. The motorcyclists were arrested and the truck driver that swerved at them was not arrested although the police did say there were possible future charges against the truck driver. They haven't finished that up yet. If you are interested a search on this forum will probably pull it up. Some of the members may actually remember where it is.
RCjohn is offline  
post #7 of 26 (permalink) Old 02-26-2001, 05:44 PM
 
Join Date: Oct 2000
Posts: 222
You guys are of course quite right. If he had pulled out a gun and shot the guy in the station wagon, he would have, almost undeniably, been convicted. There was too much opportunity to get out of the situation peacefully, not to mention that he was not even a part of the altercation. Too many variables in that situation. Please don't take my previous post seriously, that is certainly not how really feel about the situation.
Kawboy is offline  
post #8 of 26 (permalink) Old 02-26-2001, 09:42 PM
 
Join Date: Dec 2000
Posts: 56
Drop a gear and disappear...if people start giving you crap, get the heck out of there. Many people dislike sportbike riders, MANY.
FunkeeMunkee is offline  
post #9 of 26 (permalink) Old 02-26-2001, 10:41 PM
 
Join Date: Feb 2001
Posts: 108
Thumbs up

FunkeeMunkee I must say u said it the best .


Short but true and to the point. 250-1300cc's can burn all station wagons and most cars. Havin a gun on a bike should only be used when own life is n danger or when gettin jacked. Not because sombody cut u off or somthin.
swoop is offline  
post #10 of 26 (permalink) Old 02-27-2001, 08:11 AM
Registered User
 
machman's Avatar
 
Join Date: Nov 2000
Location: The garage...
Posts: 189
Quote:
Originally posted by Rogue_Biker

I don't know. This sounds like a very questionable use of deadly force.

Believe it or not, criminal jurors and district attorney's believe that one shot is all you need. Anything beyond is intention to kill not defend.

A bit of doubt is all you need to turn jurors against you. Sorry for the lecture.
I hear ya bro. If you only get one shot make it count. I prefer a short barrelled shot gun for my home security. When on the bike, I prefer to use the ole' knuckles... tends to attract less attention, and generally you won't get shot unless you've got a gun too.

Bikes owned:
1979 Kawasaki KM100
1984 Kawasaki KLX 250
1985 Honda Shadow 500
1988 Suzuki Intruder 750
1988 Suzuki Intruder 1400
1993 Kawasaki ZX-7 Ninja
1998 Kawasaki ZX-9R Ninja
2001 Suzuki GSX R-1000
machman is offline  
Sponsored Links
Advertisement
 
Reply

Quick Reply
Message:
Options

Register Now



In order to be able to post messages on the Sportbike Forum: Sportbike Motorcycle Forums forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in










Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page
Display Modes
Linear Mode Linear Mode



Posting Rules  
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

 
For the best viewing experience please update your browser to Google Chrome