FW: citizen enforcement review for road rage

Ray Thomas

2006-05-18

Here is Mike Rueter?s account of his use of the citizen prosecution. It
lends itself to road rage but you do need a license number. I wrote an
article about harassment that is on our website and in the pedal power book
on our website at www.stc-law.com which is fairly
helpful. These confrontations are so hard for us because we cannot easily
take the person into custody and it is so dangerous to try a citizen arrest.
The problem is that the people who do this to us have nothing to lose
because they are so messed up already so we need to be careful that we do
not become a target for a meltdown that ends up taking us out. Pulling
someone out through a window sounds like it would be satisfying but I have
seen the mess left after one of these incidents and it is not pretty. Mark
Ginsberg took one of these idiots to court back when he was in law school
and obtained a conviction. Through BTA we have taken on a number of these
cases where the facts are clear and the police are willing to help in some
cases but often have the same prejudices as other drivers; however, the
citizen prosecution is available even if the police don?t want to prosecute.

_____

From: Ray Thomas [mailto:rthomas@stc-law.com]
Sent: Monday, May 15, 2006 10:29 AM
To: rayfthomas@msn.com; Ray Thomas
Subject: FW: citizen enforcement review

Ray Thomas
http://www.stc-law.com/
email: rthomas@stc-law.com

_____

From: Michael Rueter [mailto:mrueter@grpmack.com]
Sent: Monday, May 15, 2006 9:48 AM
To: Ray Thomas
Subject: citizen enforcement review

Hello Jessica and Ray,

Attached is my overdue review of my crash and the subsequent citizen
enforcement process. I hope that this can be useful somehow. Feel free to
use this any way you see fit. My only stipulation is that it if my name
would be on anything being used outside the BTA or a publication of some
kind written by Ray that I be notified first.

If you need any further information or would like this letter in a different
format shoot me an email or give me a call.

Thanks,

Michael J. Rueter
Group Mackenzie
0690 SW Bancroft Street | PO Box 69039 | Portland, OR 97239-0039
T: 503.224.9560 | F: 503.228.1285 | www.groupmackenzie.com

PORTLAND, OREGON | SEATTLE, WASHINGTON | VANCOUVER, WASHINGTON

This e-mail is confidential, may be legally privileged, and is intended
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>>> Jessica Roberts 4/6/2006 10:43:40 AM >>>

Mike,

I heard from Jim Fox that your red-light running case was resolved
successfully. I remember when Jim walked into our office and was so
upset after having witnessed your crash; I wouldn't have guessed back
then that you could have gotten so far. As far as we know, you're the
first successful citizen enforcement case we've heard of, and it really
gives us hope that this method can be applied in the future.

I mostly just wanted to tell you how glad I am for you, and also ask
you if you'd be willing to do a little follow-up.

1. I have a few reporters who are interested in covering the story;
would you be open to talking with them? If so, what contact information
would you prefer me to give out?

2. Would you be willing to write something up about your experience? I
think it would be of interest to the cycling community, and might also
help others who are looking into DIY enforcement learn from your
process.

Let me know what you think.

Take care,
Jessica
---------------
Jessica Roberts
Metro-Area Advocate
Bicycle Transportation Alliance
717 SW 12th Ave, Portland, OR 97205
(503) 226-0676 x11
jessica@bta4bikes.org

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