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Old 10-02-2013, 10:10 AM   #62 (permalink)
Chuck33079
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Quote:
Originally Posted by Red__Zed View Post
I've not seen anything backing up those claims of the hitting/tire slashing in the first incident. I'm not sure how you can tell your tires are being slashed from inside a car, either.

If that was happening, you can certainly change the equation, though I'm not a lawyer and unclear on where the transition is. Legally, running someone over is more or less equivalent to shooting them. Could he have shot the biker he ran over?


Breaking one law doesn't necessarily give someone else carte blanche to infringe on your rights. The fact that I'm driving like a jerk doesn't mean that you can hit and run, and then run over my friend. Driving over someone like that requires that you have a reasonable fear for your life/safety.

Every state has their own laws on deadly force, but I'm pretty sure NYs are not as favorable (as, say, Florida).
If there were any question about the legality of the driver using deadly force, I'm sure that the driver would have been arrested and charged along with the bikers. He has not been. Only two of the bikers have been arrested so far.
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