Folks in cars who hit protestors

[Younggun]

Unfortunately, I was told by an officer that if someone is blocking you by standing in the way, your only option is basically waiting until they move, unless you can get them to move. If you attempt to move them with your car, it is assault.

That can change quickly once they begin to act in a way that a reasonable person would believe put them in danger of imminent bodily harm...or something along those lines.


Who had the quote about use of force being the same whether you used a gun or a weedeater...or a Chevrolet.

 

[ZX9RCAM]

That can change quickly once they begin to act in a way that a reasonable person would believe put them in danger of imminent bodily harm...or something along those lines.


Who had the quote about use of force being the same whether you used a gun or a weedeater...or a Chevrolet.

Oh I totally agree.
My incident was completely different, it involved a GF that didn't want me to leave. She stood in front of my truck, and I inched forward to move her out of the way to be able to leave.

 

[zincwarrior]

It is aggravated assault. You might meet a defense to prosecution provided in chapter 9 of the penal code for self-defense.

It can also be charged with multiple counts of attempted (or actual) murder. I believe the driver that shot through the bikers was actually charged with murder.

 

[Nightwatch]

Another inequity in law. We have http://codes.findlaw.com/tx/penal-code/penal-sect-42-03.html to support our right to pass, but, during a "protest" situation, may not be able to get it enforced.

 

[zincwarrior]

Yes, being justified under chapter 9 of the penal code would depend on the circumstances. intentionally running over someone with your car is always, at best, aggravated assault. The question is whether or not it is justified. If your actions meet the requirements of chapter 9, then you have a defense to prosecution.

The second question is though, what about the guy standing behind him that you just ran over, who wasn't threatening you. Oops

 

[Dawico]

The second question is though, what about the guy standing behind him that you just ran over, who wasn't threatening you. Oops

The other guy standing in the road like a jackass? He has it coming for jaywalking.

 

[seeker_two]

Oh I totally agree.
My incident was completely different, it involved a GF that didn't want me to leave. She stood in front of my truck, and I inched forward to move her out of the way to be able to leave.

This is why you keep zip ties and ether in your car now, right?.....

Sent from my HTC Desire Eye using Tapatalk

 

[Kar98]

This is why you keep zip ties and ether in your car now, right?.....

 

[Younggun]

It can also be charged with multiple counts of attempted (or actual) murder. I believe the driver that shot through the bikers was actually charged with murder.

Iirc, those charges were dropped pretty quickly once the real story started coming out.

I think the self defense laws in TX vs NY had some effect as well. Doubt the charges would have ever been filed in TX.

 

[TAZ]

I think the issue could be very quickly solved by some law changes. Pedestrians have the right of way ONLY inside a marked crosswalk wile the light is green. Anywhere else pedestrians have the legal obligation to stay out of the way. Injuries sustained outside of a crosswalk under a green light get lumped into the you won a stupid prize for doing something stupid.

One can hope...

 

[Dawico]

I think the issue could be very quickly solved by some law changes. Pedestrians have the right of way ONLY inside a marked crosswalk wile the light is green. Anywhere else pedestrians have the legal obligation to stay out of the way. Injuries sustained outside of a crosswalk under a green light get lumped into the you won a stupid prize for doing something stupid.

One can hope...

That would be nice.

 

[45tex]

Before you run them down dial 911. Let the operator know you are afraid of the protesters and fear for your life. Maybe even crack the window a tiny bit to let the operator hear some Mo Fo's and such. Ask for help over and over. Then yell Oh God!! and depart the dangerous scene.
Honestly I agree with the guy before that said avoid those areas if possible. Nothing to see here. After the protester in front goes down you should back over the chicken shi$ cowards behind the car while attempting to drive around the one in front. More proof you did not desire to hurt anyone.

 

[easy rider]

I think the issue could be very quickly solved by some law changes. Pedestrians have the right of way ONLY inside a marked crosswalk wile the light is green. Anywhere else pedestrians have the legal obligation to stay out of the way. Injuries sustained outside of a crosswalk under a green light get lumped into the you won a stupid prize for doing something stupid.

One can hope...

Although I believe you are right as far as crossing the street goes, there are instances where pedestrians still should have the right of way. I wouldn't go so far as to say it's open season to take out pedestrians.

 

[busykngt]

I think they need to move the deer crossing sign to, like, a school crossing zone. Some place safe for the deer to cross.
--
What we need is more unemployed politicians.

 

[easy rider]

I think they need to move the deer crossing sign to, like, a school crossing zone. Some place safe for the deer to cross.
--
What we need is more unemployed politicians.

On the busiest road in Odessa there is a duck crossing sign, yet if you try to cross there, if you don't get hit, you may get ticketed. Can't the ducks just......................duck?

 

[DubiousDan]

I think they need to move the deer crossing sign to, like, a school crossing zone. Some place safe for the deer to cross.
--
What we need is more unemployed politicians.

Good one.

 

[txinvestigator]

Another inequity in law. We have http://codes.findlaw.com/tx/penal-code/penal-sect-42-03.html to support our right to pass, but, during a "protest" situation, may not be able to get it enforced.

That does not give you a right to pass, nor does it allow for any level of force to counter the criminal act they are using. You can arrest, as a citizen, a felony or a breach of the peace committed in your presence or view. However, knocking someone down with your car and then driving away is not an arrest.

 

[Nightwatch]

The right to pass on a roadway is confirmed to be a right when it's a crime for someone to obstruct it. The law defines the crime as obstructing that passage. As I said in my post, you may not be able to get it enforced during a "protest"...

My post says nothing about using ANY level of force or knocking someone down with my car, or driving away...or arrest.

I did say it was an inequity (that those protesting for their "rights" are allowed to do so by violating my right to pass on the highway unmolested.)

 

[txinvestigator]

The right to pass on a roadway is confirmed to be a right when it's a crime for someone to obstruct it. The law defines the crime as obstructing that passage. As I said in my post, you may not be able to get it enforced during a "protest"...

I disagree with your premise.

 

[Nightwatch]

Please tell me why. The law clearly says that obstructing passage of a public street, in this case, is a crime. I am saying that said passage is a right to all who desire to use that street for normal travel-and the state agrees, or they wouldn't make it a crime to obstruct it.

I know that when police are handling a "protest" (riot), they're not going to come over and make the protesters move right then...that's why I posted earlier that I'd be nowhere near the "event". The irony or inequity is that the law intended to keep us from being obstructed on our normal way is not enforced...but the ones breaking that law are protected by, in this case, the agg. assault law, so that they can break it, while we sit there temporarily hostage to their lawlessness.

Please tell me why a law like this is written and passed except to preserve for the public the right to pass peacefully down the streets. I don't understand the disagreement on this point.