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Old 10-15-2012, 01:32 PM   #1
Parag

 
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driving laws

ok so i am trying to figure out what laws this little scenario falls under.

so a neighbor down the road hates this loud obnoxious Camaro, and one day when the Camaro drives by he stands out in the road to make the car stop, but the Camaro doesn't, the Camaro goes into oncoming lanes and goes around the yelling crazed man. so the man goes to his house gets in his truck and drives the opposite direction around the block. on the other side of the block (dirt road) he comes around the corner 2x the speed limit, slides sideways across the road, and blocks the road. the camaro attempts to go around (off the road) and when the Camaro does the man accelerates toward it. when the Camaro passed the truck, he then turned around and chased the camaro down the street tailgating and flashing his lights in a attempt to pull the camaro over.

the rest of the (theoretical) scenario is not important.

what driving laws does this fall under?
I heard the blocking the road is reckless driving, but cant find it in the law definition. Is it legal to try to pull someone over? Is it legal to leave your house with intention to find someone? Is it legal to follow someone home?
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Old 10-15-2012, 01:38 PM   #2
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Quote:
Originally Posted by Parag View Post
ok so i am trying to figure out what laws this little scenario falls under.

so a neighbor down the road hates this loud obnoxious Camaro, and one day when the Camaro drives by he stands out in the road to make the car stop, but the Camaro doesn't, the Camaro goes into oncoming lanes and goes around the yelling crazed man. so the man goes to his house gets in his truck and drives the opposite direction around the block. on the other side of the block (dirt road) he comes around the corner 2x the speed limit, slides sideways across the road, and blocks the road. the camaro attempts to go around (off the road) and when the Camaro does the man accelerates toward it. when the Camaro passed the truck, he then turned around and chased the camaro down the street tailgating and flashing his lights in a attempt to pull the camaro over.

the rest of the (theoretical) scenario is not important.

what driving laws does this fall under?
I heard the blocking the road is reckless driving, but cant find it in the law definition. Is it legal to try to pull someone over? Is it legal to leave your house with intention to find someone? Is it legal to follow someone home?
Without a police report, the theoretical people involved in this cannot do anything. Just saying.

And all of that would follow under reckless or careless and prohibitive driving.
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Old 10-15-2012, 01:44 PM   #3
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there is a police report (all above documented), it is a huge long situation, and i am not sure what all i can tell online.
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Old 10-15-2012, 01:50 PM   #4
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Why not just kick the guys ass? Or mount a go pro on the dash and record his actions to have a judge review.
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Old 10-15-2012, 01:55 PM   #5
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Why was the "neighbor" acting in this manner? Was it only because they felt that the Camaro exhaust was too loud? Did they think the Camaro was speeding, too?

First off, is the Camaro breaking any laws because of an improperly modified exhaust?

Second off, does the Camaro unnecessarily rev their engine or leave it in a low gear while going by this "neighbor" to egg them on?

Now, getting to the "neighbors" actions:

Standing in the middle of the road to block traffic is a ticketable offense: "Impeding the flow of traffic"

Just about everything you described once he was in his truck is a ticketable offense as well:

For traveling the wrong direction on a one-way street: "Reckless driving"
Speeding
When blocking the road with his truck: "Impeding the flow of traffic" again
When the man in his truck accelerates towards the Camaro: "Attempted vehicular assault"
Chasing/tailgating the Camaro while flashing the lights: "Reckless driving" "Following too close" And I know you can get a ticket for not turning off your high-beams when within a certain distance of another vehicle, however I'm not 100% sure on the wording of the citation.

But, none of the above will ever get cited if none of it was recorded on video.

The best thing the theoretical Camaro driver could have done would have been to stop when the man was standing in the middle of the road, turn on his hazard lights, and call the police.

And if need be, take the handgun out of the center console or glove box and be ready just in case the crazy tries to inflict physical harm on you.

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Old 10-15-2012, 02:03 PM   #6
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yeah i know he wont be cited, but there is alot more to the rest of the story, i just want to know the correct wording for these things.
and it was just loud.
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Old 10-15-2012, 02:10 PM   #7
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But you still have all of the emissions controls in place that are required by your local/city/state regulations?
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Old 10-15-2012, 02:18 PM   #8
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I would have summoned onstar and asked them to have an officer come join us, then given a running commentary of what this neighbor was doing as he was doing it until the officer could dial in on us and take charge. As a woman, I would rather not stop and confront someone in that state of mind, I'll let the po-po handle it.
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Old 10-15-2012, 02:19 PM   #9
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not sure that traffic laws apply, I would think that penal code applies..

attempting to block another vehicle, attempting to crash into another vehicle (while attempting to block) chasing another person in a vehicle, etc all seems to me to point toward assault, aggravated assault, attempted assault, etc.

Seems to me like various levels of road rage, (attempted) assault with a deadly weapon, etc..

and following to your house, in CA falls under the stalking laws... Check your local laws in that respect. We've dealt with that, someone on the road that opted to follow my first wife home.

not sure the vehicle codes apply if no officer is present, but pretty sure penal code applies.

As far as the "why" and "because of the loud exhaust"

I don't see where these are relevant, even the emissions controls, because if the person attempting to stop you has not identified himself as a police officer, then he has no right to act in the behavior he is acting, all he needs to do is call the police and complain about the loud car.

IMO, he is endangering your life with his actions, doesn't really matter if your vehicle is up to code, let the police deal with that, it is not his place as a normal citizen to do anything more than file a complaint.
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Old 10-15-2012, 02:29 PM   #10
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As far as the "why" and "because of the loud exhaust"

I don't see where these are relevant, even the emissions controls, because if the person attempting to stop you has not identified himself as a police officer, then he has no right to act in the behavior he is acting, all he needs to do is call the police and complain about the loud car.

IMO, he is endangering your life with his actions, doesn't really matter if your vehicle is up to code, let the police deal with that, it is not his place as a normal citizen to do anything more than file a complaint.
These were questions more out of my own curiousity, and maybe to help provide suggestions to avoid this kind of thing in the future, than they were out of any kind of relevence to the escalated situation. I completely agree that the "neighbor" was being more than endangering to the OP. I just wanted to know if there was more back-story to this than we've been told about so far

And, while I agree that penal codes are more appropriate to the discussion, the OP initially asked about driving laws.
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Old 10-15-2012, 02:32 PM   #11
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time for a burnout right in front of his house ... just kidding.

yah, i think that his actions are very improper and could easily be classified as assault.
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Old 10-15-2012, 02:56 PM   #12
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Quote:
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...

And, while I agree that penal codes are more appropriate to the discussion, the OP initially asked about driving laws.


agreed, but perhaps because he isn't aware that there is more involved that just a "bad driver"


this really sounds like someone off their nut that might go postal given the opportunity..

--

as for the other stuff..
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Old 10-15-2012, 03:03 PM   #13
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Sounds to me like WE (forum members) aren't getting both sides of the story! Someone doens't just hypothetically decide to stand out in the middle of the road because a car is too loud when being driven normally. Either it has to do with speeding through the neighborhood, excessive rev'n in the early hours or just being a inconsiderate douche in the neighborhood.
A normal person would just come ot your door and ask you to stop those behaviors...more to it here than what we got
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Old 10-15-2012, 03:10 PM   #14
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You would be amazed at what people will do but I'd agree part of the story missing. Laws are different for every state.
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