Saturday, February 28, 2009

Some unknowns now known

Just like the evening news I'll give you a teaser......"citations issued, stay tuned"

Today Dave and I re-road the 54 mile route a bunch of us rode for my birthday about a month ago. We did take a short detour to go scope out a bridge near Newberg to see if we could eliminate the dicey crossing of the Hwy 219 bridge that we often make. We found that it appeared to have been a highway bridge at one time, there was even a road alignment that seemed set to serve the bridge at one time. Today it carries a big pipe of some sort. No auto or pedestrian access.

We had a nice day to ride. There is rain predicted for this evening on into tomorrow but we didn't have a drop of rain during our entire ride. There was a brisk wind out of the NE (usually a sign of dry weather) the helped us along as we headed mostly south. We cut to the east on Waconda Rd and proceeded to Duck Inn Rd where we turned into the wind. It seemed to have shifted slightly, or weakened. Either way it wasn't hampering us too much as we pedaled into Gervais with a 17 mph average for the approximately 35 miles we had covered to that point.

We really began to feel that wind again with about 15-20 miles to go. We had hoped to hold that rather flashy for us 17 mph but the wind continued to push against us. We ended up the ride with a 16.7 mph average and 57 miles. It was a good ride. Tomorrow's 42 mile group ride out to Hagg Lake promises to be wet!

Okay, now the update on the situation. Today as I was loading my bike at the end of our ride I got a call from the responding officer, Officer Chris Helbling of the Marion County Sheriff's Office. He had me drive to Kaizer and meet with him. He was polite, shook my hand, and handed me a citation for violation of ORS 164.354, Criminal Mischief 2, base fine of $5000. He tells me that he's not at liberty to tell me what the guy who said he'd run me over, and then did, and then drove away was cited for.
I've got a court date about a month out in Salem.

I called the attorney I've been talking with and left a message giving him an update. I presume I'll have an appointment with him in the early part of next week.

Of course, updates as the occur.

...............Road Bike.....LifeCycle.....Total Miles
Jan total.......501.....+.........30.......=.......531
Feb total.......614.....+.........0........=.......614
Year to date...1115.....+.........30.......=......1145


  1. Wow,
    I'm stunned, I thought given my knowledge of some law enforcement officer's attitudes toward bicyclists and my own experiences that you'd get cited for disorderly conduct or disturbing the peace for hitting the mirror. Never in my wildest imagination did I think that they would go after you for something like this.
    I hope your witnesses can back up the fact that no damage was done to his mirror by you.
    I'm pullin for you and hoping this guy gets charged with the felonies he deserves. Perhaps your lawyer can plea bargain you down to D.O.
    Good Luck and keep us posted.
    p.s. if you want to get a hold of me without posting on a public space, you can leave a comment on my blog and just let me know you don't want it made public and I'll read it but not post it.

  2. Welcome to the realization that we live in a police state.. Demanding justice will bring results; rarely the result that you expect.. Laws are not written for you to use.. Laws are meant only to be used against you..

    If you push, they will push back to make sure that you get put back in your place..

  3. Huh? Did I miss something? Did you key his SUV? Did your bike mess up his muffler when he ran over you?

  4. Jeff, I did not see any damage to his mirror, but like I said I didn't inspect it. I didn't see any broken glass and such with just a glance at it. My position is not that I did not cause damage (I'd expect that there might be some damage) but rather that it was a response to the driver saying "If I ever see your a$$ on this road again I will run you over". I wanted proof that it was his vehicle that was there.

  5. I say, plead "innocent" to the misdemeanor and let the wheels of justice continue to churn.

    Once *his* lawyer explains to him what the felony real means to him, I suspect a more conciliatory tone to follow.

    It would help if any witnesses could confirm that you didn't damage the truck when you "touched" it. Any subsequent characterization of the "touch" could be disputed in front of the judge.

  6. The Criminal Mischief 2 charge is based on damage from $100 to $750. I suspect but can't verify that there would be damage consistent with the low end of that range. Probably something like a cracked plastic housing.

    At this point I'd suspect that he has not been charged with any of the applicable felonies. That may change, may not. If he was charged with a felony I believe he'd be under arrest, not just handed a citation.

    But then, I'm not a lawyer.


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