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Scruit

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Posts posted by Scruit

  1. Maybe, but be warned that it's very different if you are there to see the entire situation develop versus jumping in at the end where you may not have all the information. 

     

    Why risk going to jail yourself - you won't improve the victim's condition - and you may complicate the situation to a point where you hurt the prosecution. 

     

    But that's logic talking without the benefit of adrenaline.  Still, back to your regularly scheduled e-thuggery...

    • Upvote 1
  2. For quality you have two options. 

     

     - Standard NTSC image (4CIF or Full D1) which is roughly 640x480 (not exactly).  This is what analog cameras product and will connect to your recording unit (DVR) using either RCA (The yellow plug in the old white/red/yellow AV cables). or BNC (the old 10Base2 network connector with lugs).  The cable can either be RG59 or Cat5+ with baluns. This is what most CCTV was for ever.  The quality is not great, but can be compensated for by aiming the camera at where the action is going to be.   If you want to read a license plate the plate must take up at least  a quarter of the width of the screen to get a comfortable read (from a resolution perspective - lighting is another can of worms).  A person's face for a "wanted poster" needs to be about the same size.  The cameras run from $25 for the cheapest nasty crap you will ever see, for several hundred for brand name cameras with active IR filter DayNight and wide dynamic range (better handles variable light conditions)

     

    - Megapixel IP.   IP just means digital data stream being transferred across a network cable (cat5e, cat 6 etc) rather than an analog image.  You need the digital data stream for megapixel. Megapixels are rated just like regular cameras.  Cameras used to start in the $1k+ range but the prices are dropping.  Framerates are lower, generally, because the data stored would be much higher.

     

     

    post-11419-0-53797500-1445780334_thumb.j

    • Upvote 1
  3. If you go to trial for a MM or M what type of trial is it?

     

    MMs are not criminal.   :bitchfight:

     

    Criminal charges (Misdemeanors and felonies) carry the risk of jail time and can be handled by probation, and can be heard by a jury trial if you so choose.  They also go to the DOJ as part of your criminal record.

     

    Infractions (Minor Misdemeanors) carry no risk of jail time, no option for probation, nor do you have the right to a jury trial.  You can choose a bench trial, but good luck getting a public defender.  

  4. Gump, you seem to be trying really hard to blame the biker for this accident. Why not just use the argument the media uses, that all bikes are always at fault for everything? Seems to work for them.

     

    There is validity to the basic concept that the biker was not being an angel.  However the events that followed were so heinous that they could never even being to be justified by the biker's illegal pass.

     

    There's also a couple of lessons in this for all bikers:

     

     - There's crazies out there...

     - ...that don't like it when you ride illegally...

     - ...and they will always win if it comes to physical contact.

     

    Not saying that's a good thing - it's just a fact of life.  Just like locking your door when you leave, or wearing your Buckeyes jersey in a University of Michigan college bar.  You should be able to do that safely, but people suck and you might just wind up with you getting run off the road, all your stuff stolen, or a football crammed sideways in your rectum.

  5. Again you start with would this accident have happened if the other party wasn't engaged in unlawful activity.

    This on the criminal charge of failure to yield right of way. You could still be 20% responsible on the civil side.

     

     

    Failure to yield right of way is not a criminal charge.  It's not a charge at all, really, or at least it's several charges.  There is a specific charge of failure to yield ROW while turning left, etc.   In the Texas case the lane change is being charged as an intentional act, so it is a criminal charge of Felonious Assault / Assault with a deadly weapon etc.

     

    The biker committing the traffic infraction has no bearing on the felony charge. There's no consideration for comparative negligence.  If we are to argue that the biker did something to deserve being assaulted then it's be as part of a "self defense" claim.  Not happening.

     

    In Ohio, if this was a simple traffic accident instead of an intentional act then the charge would be an infraction (MM, unless he has a recent enough related prior) and it'd be based upon his reason for the swerve.  

     

     - Avoiding road debris?  "Turn/Stop signals" (You may not change lanes unless it can be done safely)

     - Bit in the tessie by a spider?  "Failure to maintain control".  (Catchall for any accident they can't pin on a more specific charge)

     

    If it was a simple accident then the relative negligence of the biker would come into play (depending on the liability rules of the state).

     

    I can't a Texas equivalent of the Ohio rule that lets you pass slow traffic in a no-passing zone.  If there is none then the biker would share liability if it was an accident...  However, it was not an accident, it was intentional.  Road rules are irrelevant because the biker's pass could never be seriously considered to be a defense against felonious assault. 

  6. To be clear, you can't be charged for failure to yield right of way if the other vehicle is operating unlawfully.

     

     

    Define "unlawfully".

     

    - Driving across a painted gore?  On on a shoulder?  Probably. *

    - Driving drunk?  Driving on a suspended license?     Irrelevant to liability - you'd still have to prove they did something wrong behind the wheel.  *

     

     

    * = Liability stems from negligence.  Negligence is failure to to take all reasonable steps to avoid damages.  Even if the other vehicle committed a clear violation, you must still take all reasonable steps to avoid an accident.  That means if you hit someone who pulled out of a side street then you may still bear liability if it is found that you had plenty of time to slow down but chose instead to get really close to them to make a point, and wound up hitting them.

     

    A driving infraction is not an invitation to allow an accident to happen - because then it's not an accident any more, it's intentional. 

  7. Also you're hauling ass down the road on your bike. Dude pulls out in front of you. If he can prove you were speeding, you're screwed.

     

    If only law was that... logical.  :-)

     

    I've seen a guy get blamed in an accident when he was doing 55 in a 45 in a hit a car backing out if its driveway.  He though his dashcam would be a slam-dunk but the speed readout sunk him.  Police ticketed him, not the other driver, and his insurance agreed to pay out.

     

    i was also involved with a case where a driver was accused of speeding when she collided with a left-turner that crossed her path. The LT's attorney pointed out that her speed meant she lost her right of way - the defense pointed out that the sight lines on the road was such that she could be clearly seen, and that the speed LT was accusing her of was not fast enough to make a difference.   The judge ruled for her.

  8. I probably wouldn't even consider it with the damages.  There are better bikes out there that don't have obvious glaring problems.

     

    It *does* have a clear title at least, right? 

     

    If he got offered $5k by a dealer then he should take it.  I'd not pay over $2k.   Not saying (it isn't worth / he won't eventually sell it for) much more - just saying that my experience with non-original vehicles is that they don't ever make the vehicle MORE reliable, so $2k is what *I* would pay.  If original, much more, sure.

  9. I don't usually put mine up - It's always hooked up to a battery tender when parked in my garage, and I'll add a little sta-bil, but that's it.

     

    This year, though, I have a lot of maintenance to do so I have to pick an end date to the season.  I figure when I get two weeks solid of below freezing mornings it'll be time to call it a season and get to tearing her down.

  10. Based on what I've seen and read in the media, the injured aren't likely to recoup much if any of their medical expenses, and even less likely to get a satisfactory pain/suffering settlement.  Crum appears to live in trailer park, so even if he actually owns the trailer and land, it isn't worth much.  Plus, his obvious lack of respect to the rule of law--based on his prior run-ins that involve aggravated menacing with a vehicle--would make it pretty unlikely that he carries any real amount of insurance.  You could suspend his license for life, but I'd put odds on that he'd end up driving anyway.

     

    As far as I'm concerned, what he did was no different that firing a gun at the riders.  He should be punished accordingly.

    • Upvote 2
  11. I'm actually wearing my Doc Martens today.  I wore the Joe Rocket boots because of the additional ankle support but over time the velcro is becoming less and less reliable so I sometimes get to work, take a step and the whole side of the boot opens up.   Ankle support is no good if the boot comes off.

     

    I may go back to a proper riding boot next season, but no more velcro.

     

    The laces on my dockers aren't a problem because I fold my boot socks down over the tops of the boots and that holds the laces in place just fine.

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