Driver soaks children at bus stop, may face charges

[CoinReturn]

http://www.telegraph.co.uk/news/uknews/crime/6306995/Motorist-could-be-fined-for-splashing-children.html

Kerry Callard, a motorist filmed deliberately driving through a puddle and splashing children at a bus stop, could could face prosecution for inconsiderate driving, police have said.

Is that really a law to be broken?

On1drhgxGWU

:lol:

[capncnut]

<on the floor>

OMG. Fuckin' classic! :lol:

[Skippy911sc]

I did something like that, accidentally, to a mailman when I was in High School. I actually aimed for this huge puddle not realizing the guy was standing there. Whoops...

[slickwilly13]

:lol::lol::lol::lol:


That was funny. They are pretty much going to fine her for being an asshole.

[Danny]

he was a dick, but its water, ive been splashed before, your pissed for about 90 seconds then you forget it, i mean it was bloody raining for christ sake, not defending being a d-bag, but i think people are far to overprotective and sue happy these days.

[bassman]

:lol:

Oh man, I only wish they had someone film it from the street so we could see some footage after the splash...

So it's illegal to ride through a puddle? :dead:

[darth los]

:lol:

Oh man, I only wish they had someone film it from the street so we could see some footage after the splash...

So it's illegal to ride through a puddle? :dead:


There are two sets of rules nowdays. The laws that are on the books and then we have all this P.C. crap that society expects you to adhere to.


Being a racist is not against the law yet Rush Limbaugh is being discriminated against because of it, so ..ya....


:cool:

[krakenslayer]

Yeah, the UK's legal system is a little more geared towards the intention/spirit of the law rather than the act/letter of the law than is most countries'. If you do something like this by accident, you're not breaking the law, but if you do it because you're an evil douche-bag then you potentially can be prosecuted.

Normally, people wouldn't be prosecuted for this, simply because there's no way to prove it was intentional. This video, however, is kinda the hilarious smoking gun here. :lol:

[slickwilly13]

I wonder how many cops actually laughed at this video in the station. I know my dad would have laughed. I, too, would like to see another video of victims. I wonder how people would react if the kids were jumping and cheering.

[EvilNed]

Haha, that wave is huge!

[darth los]

I wonder how many cops actually laughed at this video in the station. I know my dad would have laughed. I, too, would like to see another video of victims. I wonder how people would react if the kids were jumping and cheering.


This is something that no one likes to happen to them but it's hysterical when happening to others.


:cool:

[AcesandEights]

The fact the perpetrators got caught is what raises this from a funny bit of nastiness to karmic hilarity.

[Mike70]

The fact the perpetrators got caught is what raises this from a funny bit of nastiness to karmic hilarity.

ditto for me. for the record: yes, i do think this ought to be against the law when it's done like it is in the vid. this isn't an accident or someone not paying attention.

[bassman]

If anything, I think they should sue the city for not having proper irrigation and drainage.:lol:

[darth los]

ditto for me. for the record: yes, i do think this ought to be against the law when it's done like it is in the vid. this isn't an accident or someone not paying attention.


But that still doesn't make it illegal. I think the consensus here is that the driver is a dick for doing it. But isn't that a fundemental right that people excercise everyday?

if I can't be a dick every now and then What Am i in this for anyway? :p


It also reminds me of Bus drvers who see someone right on the Bus stop and refuse to pick them up knowing they easily could. Should we bring criminal charges against them as well?


:cool:

[krakenslayer]

It also reminds me of Bus drvers who see someone right on the Bus stop and refuse to pick them up knowing they easily could. Should we bring criminal charges against them as well?


:cool:

No, but they can be fired for it, which will probably have a far greater effect on their lives than the smallish fine that driver will get.

Plus, in legal terms, there is a huge difference between malicious action and negligent\lazy omission of action.


But that still doesn't make it illegal. I think the consensus here is that the driver is a dick for doing it. But isn't that a fundemental right that people excercise everyday?

if I can't be a dick every now and then What Am i in this for anyway? :p


You better not come and live in Me-Land then. For, when I'm in charge, "Don't be a dick" shalt be the whole of the law. :p

I'm not saying I might not be tempted to do something like that myself, but, as funny as it is, in my book it counts as a deliberate physical assault. Just like if someone walked up to you in the street and, unprovoked, dumped a bucket of ice water over your head.

[Mike70]

But that still doesn't make it illegal. I think the consensus here is that the driver is a dick for doing it. But isn't that a fundemental right that people excercise everyday?



you could make a very persuasive argument under the laws of several states that an act like this, when done on purpose, is a form of assault. the driver purposefully created unwanted physical contact with the people on the street and in most states assault gets defined as "unwanted harmful or offensive contact with another person." this might not be harmful but it certainly would be offensive to the person on the receiving end.

[darth los]

I'm not saying I might not be tempted to do something like that myself, but, as funny as it is, in my book it counts as a deliberate physical assault. Just like if someone walked up to you in the street and, unprovoked, dumped a bucket of ice water over your head.



you could make a very persuasive argument under the laws of several states that an act like this, when done on purpose, is a form of assault. the driver purposefully created unwanted physical contact with the people on the street and in most states assault gets defined as "unwanted harmful or offensive contact with another person." this might not be harmful but it certainly would be offensive to the person on the receiving end.


Well, as a law student i can tell you that spitting on someone is considered a form of battery in NY.

In NY state prisons, inmates who spray feces and urine on corrections officers, Otherwise known as "shitting down" will get you a nice E felony which carries an additional penalty of 1-3 years in prison.


So yeah, i can see a case for that but it's still rediculous.

People got splashed with water and you want people to go to jail?


:cool:

[Mike70]

People got splashed with water and you want people to go to jail? C'mon man.


:cool:

no, no, no. i want people who do this sort of shit on purpose, who think it is funny to have pay a nice large fine for being an asshole. jail time doesn't figure into it.

i just looked up ohio's assault laws. interesting, in ohio you don't even have to touch another person to be charged with simple assault. you only have to create a situation where a person is reasonably certain that violence against them is imminent. for instance, getting into an argument with someone at work and pulling your fist back in a manner that means you are probably going to attempt to hit the other person can land you with an assault charge. you can also be charged with either simple assault or menacing for threats against another person.

the law here also considers any and all unwanted physical contact to be assault. that is something i am all for. i don't like being touched, as i've said before and nobody has any right to even lay a finger on another person after they've been asked not to.

[krakenslayer]

No one's talking about sending folk to jail. I'm expecting something more along the lines of a £250 fine and a telling-off from the judge. That seems fair to me; the guy sounds like he got £250 worth of enjoyment out of doing it, anyway. :D

[darth los]

no, no, no. i want people who do this sort of shit on purpose, who think it is funny to have pay a nice large fine for being an asshole. jail time doesn't figure into it.

i just looked up ohio's assault laws. interesting, in ohio you don't even have to touch another person to be charged with simple assault. you only have to create a situation where a person is reasonably certain that violence against them is imminent. for instance, getting into an argument with someone at work and pulling your fist back in a manner that means you are probably going to attempt to hit the other person can land you with an assault charge. you can also be charged with either simple assault or menacing for threats against another person.

the law here also considers any and all unwanted physical contact to be assault. that is something i am all for. i don't like being touched, as i've said before and nobody has any right to even lay a finger on another person after they've been asked not to.


Well, tha's a good point as well.

One would think that would be attempted assault if anything.

However, there are precedents here in NY pertaining to not actually doing something but getting charged for it anyway. You could rob a store with a snickers bar in your pocket, faking like it's a gun and if the victims really believe you have a gun you might as well have brought one with you because you're going to get charged for it.

So yeah, there are variations of that as well.


:cool:

---------- Post added at 03:51 PM ---------- Previous post was at 03:36 PM ----------


No one's talking about sending folk to jail. I'm expecting something more along the lines of a £250 fine and a telling-off from the judge. That seems fair to me; the guy sounds like he got £250 worth of enjoyment out of doing it, anyway. :D


I'd buy that for a dollar !


But still, let's call it what it is.

It's an asshole fine because, nothing illegal went on here.

And any DA would have a tough time proving a crime here beyond a reasonble doubt which in criminal matters the burden of proof has to be met with a %99 degree of certainty.

:cool:

[kortick]

Nope.

This could definitley could be a criminal charge
that would be easily held up in court.

Ever hear of Disorderly Conduct?

It carries no jail time usually, sometimes a fine
or restitution and community service.

It is often plead out in pre-trial and with video
tape evidence like that no fool would want a trial.

If anything this would be a Disorderly and not an
Assault.

Trust me, I have some experience in these things.

[darth los]

Nope.

This could definitley could be a criminal charge
that would be easily held up in court.

Ever hear of Disorderly Conduct?

It carries no jail time usually, sometimes a fine
or restitution and community service.

It is often plead out in pre-trial and with video
tape evidence like that no fool would want a trial.

If anything this would be a Disorderly and not an
Assault.

Trust me, I have some experience in these things.


:lol::lol:

I guess we'll just have to defer to your expertise on this one big guy.


:cool:

[SymphonicX]

But that still doesn't make it illegal. I think the consensus here is that the driver is a dick for doing it. But isn't that a fundemental right that people excercise everyday?

if I can't be a dick every now and then What Am i in this for anyway? :p


It also reminds me of Bus drvers who see someone right on the Bus stop and refuse to pick them up knowing they easily could. Should we bring criminal charges against them as well?


:cool:


If you ran down the road with a bucket of water drenching people on the street I'd say that's assault.

This is no different really. Definitely not just someone excersising their right to be a "dick" - this is terrible behaviour!!!

Its completely different from a bus driver missing passengers on purpose - that's a failure to do a job properly - this case in question was a blatant and premeditated attack on innocents!!!

Puddles are to be treated "as a hazard" in the highway code - meaning you need to avoid it.

[kortick]

If they only got wet it wouln't be assault.

Maybe if they fell and got injured due to it
then it would be.

I know because last winter I got into a fight with
this guy and picked a handful of wet snow and
slammed him in the face with it.

mind you this was in the middle of a busy street
and he flipped me off so at the light i got out and
when he stepped out of his car he caught a face full hard.

I was going to bury him alive in the snow drifts on the
side of the road, but seeing how the commotion had
backed up traffic the police showed up and he went from
mr tough guy to protect me from him.

He had them press assault charges against me as well
as disorderly conduct (which it was, I mean the street was
totally in chaos).

The police told me that they were writing up the assault charge
but were gonna dismiss it cuz getting wet isnt assault, and I could
plead to the disorderly for a filing. (dont get arrested for one year
and they destroy all materials to the case and you have a clean record)

So is his behavior just by wetting them assault? No.
Is it still something that could bring other legal charges? Sure.

[SymphonicX]

wait a minute, you slammed your fist full of snow into the guy's face?

That's assault. You should have been prosecuted.

the dude flipped you off? not exactly cannibalism Kort - was your response measured in your opinion?

[Mike70]

kortick's example is a good view at the vast differences that there are between the laws of different states. what's not assault in one could be assault in another.

i know of someone who was charged with assault and menacing for things he said. one of my very best friends was involved in a really nasty, nasty divorce. his ex's new boyfriend showed up with her at his house one day and started talking massive shit and making some really serious threats about what he'd was gonna do to kevin (the friend) if he ever saw him out on the "street."

well, since he was involved in a seriously fucked up divorce, he at least had the sense not to get into a physical altercation with the guy. that could be very, very bad for his case. he simply went inside, called the police and had the guy arrested for menacing, assault and trespassing. the assault charge was dropped though after the guy plead guilty to menacing and trespassing.

i guess the moral of this story is be careful who you threaten. if they take the threat seriously, you could be in some trouble.

[Chic Freak]

When I was learning to drive (in the UK) my instructor told me it is illegal to splash people standing on the side of the road and if I did it on my test I would instantly fail it. If you can't avoid driving through the puddle, the correct procedure is to slow down so that it doesn't splash.

I believe (not 100% sure though!) that assault in the UK has three main subdivisions (not including sexual violence or robbery):

common assault
Actual Bodily Harm (ABH)
Grievous Bodily Harm (GBH)

Common assault is basically just doing something physical to someone without their consent, so I think technically speaking even deliberately throwing your drink in someone's face or shaving their eyebrow off while they're asleep could count!

[SymphonicX]

and rightly so, Chic....

Story above yours also lets on a similar thought pattern - although the charge was dropped...

I always think of that "behind the simpsons" spoof episode of the Simpsons when Lisa says something at the dinner table and a lawyer jumps up screaming "THAT IS ASSAULT!!" lulz

[Mike70]

dammit, i'm having some technical issues. please stand by.

anyway, what i was trying to post was two stories about people being arrested for assault with water balloons. in one of the cases, in MI, the teens involved were actually charged with felony assault with a weapon and were looking at 4 years in jail. i say good. i have no frigging patience for people who want to act like this public. being a dick might not be legal but throwing things at someone else is assault, pure and simple.

[SymphonicX]

^agreed.

[darth los]

dammit, i'm having some technical issues. please stand by.

anyway, what i was trying to post was two stories about people being arrested for assault with water balloons. in one of the cases, in MI, the teens involved were actually charged with felony assault with a weapon and were looking at 4 years in jail. i say good. i have no frigging patience for people who want to act like this public. being a dick might not be legal but throwing things at someone else is assault, pure and simple.



The problem with that is water balloons are indeed projectiles and could actually harm someone and i would have to agree with you on that one.

Water harms no one but the wicked witch of the west. No harm no foul.


The water that was used to "assault" in this case was already out in the open and was "used" in the natural course of things. The dude was probably coming to/from work.

Even if he sat in his basement like a mad scientist planning this shit i would agree with you as well, but in this case I just don't see it.

Perhaps they could build a case that he was deliberateely trying to give them pneumonia? :p


But that's the great thing about our country, People are going to see problems and how to go about solving them differently. We normally have votes in order to settle that.


I say make this a poll ?


Crime or no crime?


:cool:

[Mike70]

well, i'm willing to admit that i absolutely cannot take a joke. never have been, never will be. stuff like this just crawls waaaaayyyy under my skin.

[darth los]

well, i'm willing to admit that i absolutely cannot take a joke. never have been, never will be. stuff like this just crawls waaaaayyyy under my skin.

No ne i saying that this is not something that when you catch a guy you take him and beat the living shit out of him. Lord knows i would. You mess with people like this that's what you get.


And perhaps they the legislature should enact a law to more clearly define where an act like this falls and what penalty it should carry if any.

But that's not the case here and I'm stuggling to find a legal basis and which to even fine this man on. (In NY state of course :) )


:cool:

[SymphonicX]

I go for Crime. I'm all for practical jokes but something like this is akin to happyslapping...

[SRP76]

So this person might NOT just get to fuck with people without facing some form of penalty for it? Oh, the horror! People should be allowed to bully others (and that's exactly what this is: causing trouble for others who cannot stop you from doing it) at will!

Yeah, right. Fuck the driver, and any who live the same way.

[DubiousComforts]

Just a thought here but fooling around in a moving vehicle during adverse driving conditions and unwisely videotaping the entire incident for the world to see is probably not going to win anyone the accolades they were hoping for.

Not sure what the motor vehicle laws are like in the UK, but this seems to be more about reckless driving than splashing kids with water. What if this bozo had lost control of their vehicle?

I know, I know: "But, but, but, but that never happens to me. I'm a good driver!"


Being a racist is not against the law yet Rush Limbaugh is being discriminated against because of it, so ..ya....
Hmmm... 'Being discriminated against for being a racist."

Excuse me while I wrap my mind around that one.

[Dtothe3]

Having been splashed by a bastard who veered away then hit a large puddle to spray myself and my pregnant sister, I can say it ain't fun to be on the recieving end. There's no doubt in my mind that it's a form of assault. Certainly not in a traditional sense, but assault all the same.

Personally, I feel that mis-use of a car in this fashion shows you to be an idiot. I also think if they want this kind of thing stopped, the easy way would be to make it punishable by points on your licence (at a Judges discretion).

Yes it's only water. Yes you'll dry off. But you wouldn't throw a bucket of water at someone at random, whys it ok to splash using a car? Not to mention in doing it, you're taking your attention away from the road.

[Mike70]

Having been splashed by a bastard who veered away then hit a large puddle to spray myself and my pregnant sister, I can say it ain't fun to be on the recieving end. There's no doubt in my mind that it's a form of assault. Certainly not in a traditional sense, but assault all the same.

Personally, I feel that mis-use of a car in this fashion shows you to be an idiot. I also think if they want this kind of thing stopped, the easy way would be to make it punishable by points on your licence (at a Judges discretion).

Yes it's only water. Yes you'll dry off. But you wouldn't throw a bucket of water at someone at random, whys it ok to splash using a car? Not to mention in doing it, you're taking your attention away from the road.

word.

i guess i should've laid out what i consider assault to be somewhere in this thread, so i'll do it now. i think that assault is ANY kind of unwanted physical contact. it doesn't matter to me if it is with fists, water balloons, or spit balls. no one has any right to touch another person without their consent and to do so is assault. if i'm out in public and someone touches me in a manner that is unwelcome, i'll ask them to stop. if they touch me again after being asked not to (and i don't care if it is with a fingernail), that's an assault because i don't want to be touched and have made that clear to the other person.

[SymphonicX]

Hmmm... 'Being discriminated against for being a racist."

Excuse me while I wrap my mind around that one.

I once had someone tell me that part of freedom of speech was tolerating that freedom, and I should therefore listen to their racism as this was a valid expression of that...

So basically, I've got to tolerate intolerance for fear of being intolerant....I think I just ended it with "why don't you stop being a c*nt"

[darth los]

Hmmm... 'Being discriminated against for being a racist."

Excuse me while I wrap my mind around that one.


Few things in this country make sense. That's why I have the phrase "We kill people who kill people to show people that killing people is wrong ", in my sig.

It's directed to all the Christian, God fearing citizens and pols in this country who are pro death penalty.

Another case of twisted logic.


:cool: