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Windham [NH] teen driver accused of deliberately hitting motorcyclist
Manchester Union Leader ^ | May 13, 2011 | Chelsey Pollock

Posted on 05/16/2011 4:28:39 AM PDT by whd23

PELHAM - “I wasn’t going to let him pass me.”

That’s what police say a Windham teen told officers at the scene of a motor vehicle crash in Pelham early Friday morning, where the 18-year-old is said to have intentionally crashed his car into a motorcyclist, causing serious injuries.

Cody Eller of 123 Lowell Road in Windham was arraigned in Derry District Court Friday morning on a felony charge of second-degree assault and a misdemeanor charge of vehicular assault.

Police said Eller was driving south on Windham Road in Pelham around 4:30 a.m. Friday when he noticed a motorcyclist trying to pass him on the left, according to a police affidavit filed at Salem District Court.

William Hawksley, 45, of Brentwood, was identified by police as the driver of the Kawasaki ZX1400 motorcycle. Both were nearing the intersection of Tallant Road, according to the affidavit.

As Hawksley attempted to pass Eller’s Ford Fusion, Eller allegedly crossed into the northbound lane, nearly forcing the motorcycle off the road, said Pelham police prosecutor Dennis Mannion Friday morning.

Eller’s car then allegedly struck Hawksley on the right side, fracturing Hawksley’s leg in several places, said Mannion. Hawksley was taken to Parkland Medical Center in Derry where he awaited surgery Friday, he said.

Mannion said Eller told an officer at the scene that he intentionally steered his car toward Hawksley to prevent him from passing.

“Yes, he was passing me illegally,” Eller said, according to the affidavit.

Pelham police Lt. Gary Fisher said Friday that investigators believe Hawksley was in a legal passing zone at the time of the crash.

Mannion called the incident an extreme case of road rage.

“Obviously, that are acts of road rage from time to time, but this is the most serious I’ve seen in my career,” said Mannion. He has been in law enforcement for 16 years.

Mannion asked a Derry District Court judge Friday morning to set Eller’s bail at $5,000 cash, which was upheld. Before Friday, Mannion said Eller had no criminal record and only a single speeding ticket from 2010.

“We felt that the incident that took place this morning was serious enough that if he was released he would be a danger to public safety,” said Mannion.

Judge Kristin Spath chose not to grant Mannion’s request that the teen be barred from driving if released on bail.

“I’m hesitant at this point to adopt the state’s recommendation with respect to your not driving,” Spath told Eller during his arraignment. “Mostly, it’s in the hopes that you can be out looking for a job.”

Eller told the court he had recently lost his job and that he had been looking for work but had no luck.

If Eller makes bail and commits another driving violation, Spath said his bail could be revoked.

He is scheduled to appear in Salem District Court for a probable cause hearing May 23.


TOPICS: News/Current Events; US: New Hampshire
KEYWORDS: motorcycle
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Amazing that the judge allowed this dirtbag to keep their license!
1 posted on 05/16/2011 4:28:42 AM PDT by whd23
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To: martin_fierro

One for the motorcycle ping list


2 posted on 05/16/2011 4:30:12 AM PDT by whd23 (Every time a link is de-blogged an angel gets its wings.)
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To: whd23
Mannion called the incident an extreme case of road rage.

It is not road rage. It is attempted murder.

3 posted on 05/16/2011 4:32:45 AM PDT by bmwcyle (It is Satan's fault)
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To: whd23

> “Mostly, it’s in the hopes that you can be out looking for a job.”

With all due respect, your Honor, who would want to hire a guy with deadly anger management issues?

Not I, that’s for sure.


4 posted on 05/16/2011 4:34:27 AM PDT by Westbrook (Having children does not divide your love, it multiplies it.)
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To: whd23

Why isn’t the DA pressing for attempted vehicular homicide?

Also, nice bleeding heart judge there... Hope someone runs her arse off the road then then gets a slap on the wrist while she’s lying in pain in a hospital bed.


5 posted on 05/16/2011 4:34:45 AM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: whd23

Does society benefit from having this person around? I don’t think so. His behavior is egregiously anti-social.


6 posted on 05/16/2011 4:35:13 AM PDT by ClearCase_guy (The USSR spent itself into bankruptcy and collapsed -- and aren't we on the same path now?)
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To: whd23

“I’m hesitant at this point to adopt the state’s recommendation with respect to your not driving,” Spath told Eller during his arraignment. “Mostly, it’s in the hopes that you can be out looking for a job.”

Well Judge the motorcyclist is going to be out of work for awhile!!


7 posted on 05/16/2011 4:38:38 AM PDT by SECURE AMERICA
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To: whd23

Thqank you for including [NH] in brackets. I would have assumed Windham, CT.


8 posted on 05/16/2011 4:42:40 AM PDT by Dr. Sivana (There is no salvation in politics.)
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To: SECURE AMERICA
Well Judge the motorcyclist is going to be out of work for awhile!!

Touché!

Perhaps the judge should have said something to the effect of: "You should be out looking for a job; you're going to need it when the victim sues your sorry ass."

9 posted on 05/16/2011 4:43:33 AM PDT by whd23 (Every time a link is de-blogged an angel gets its wings.)
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To: whd23

I have had experience with these suicidal motorcyclist on interstate 91 during rush hour and I’ll tell you they scared the hell out of me.

I had three of the sob’s weave between me and a tractor trailer that was less then two vehicles spaces from me and we were moving at 65 mph.These idiots weaved in between us so close that If I didn’t hit the brakes he would have been creamed.Something I didn’t need as I just ended a day at work.

After experiencing that I have NO sympathy for motorcycle drivers who place themselves in these dangerous situations by failing to follow the rules of the road.


10 posted on 05/16/2011 4:43:58 AM PDT by puppypusher (The World is going to the dogs.)
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To: puppypusher
>" I have NO sympathy for motorcycle drivers who place themselves in these dangerous situations by failing to follow the rules of the road. "

how about those who follow the tules of the road. the cager was the only one who said the bike was in a no passing zone, the cop said he was in a passing zone. please consider before you lump ALL riders into a catagory based upon the actions of a very few.

11 posted on 05/16/2011 4:49:54 AM PDT by camle (keep an open mind and someone will fill it full of something for you)
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To: whd23

Its a sign of the times if the community allows the little punk to get away with it. The motorcycle was in a legal passing zone. The people of the community should take the punk kid out and break his legs.


12 posted on 05/16/2011 4:54:34 AM PDT by Concho (-)
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To: camle
I originally had a different response for puppypusher, but then I called up a google map (street view) of the area in question. I see double-lines for quite some time as you approach Tallant Road from the south. Not that it justifies the douchebag's actions! I've been passed by my share of jerks (both the two and four wheeled variety) in non-passing zones and I just shrug and figure that I'm better off not having them riding my bumper.

Here's a link to the general area where the incident took place.

13 posted on 05/16/2011 4:56:19 AM PDT by whd23 (Every time a link is de-blogged an angel gets its wings.)
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To: puppypusher

My apologies, I failed to include you on the ‘To:’ list.


14 posted on 05/16/2011 4:57:40 AM PDT by whd23 (Every time a link is de-blogged an angel gets its wings.)
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To: Salamander

You’re not going to believe this ping.


15 posted on 05/16/2011 4:58:48 AM PDT by DJ MacWoW (America! The wolves are at your door! How will you answer the knock?)
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To: whd23
“I wasn’t going to let him pass me.”

I think that the competitive idea that you can't let people pass is remarkably common among immature drivers.

16 posted on 05/16/2011 5:00:02 AM PDT by wideminded
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To: whd23
Mea culpa! I read the article wrong. The motorcyclist and driver were travelling south and the motorcyclist entered the north bound lane to pass.

Yeah, there is a passing zone north of Tallant Road. This punk cager just felt like he owned the road.

17 posted on 05/16/2011 5:03:04 AM PDT by whd23 (Every time a link is de-blogged an angel gets its wings.)
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To: whd23

18 year old Cody is about to learn his state’s bankruptcy laws, as are the adults who sponsored his ability to drive.


18 posted on 05/16/2011 5:03:23 AM PDT by BraveMan
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To: whd23

Dirtbag should be tried for attempted murder. Worthless waste of oxygen...


19 posted on 05/16/2011 5:04:18 AM PDT by piytar (Obama opposed every tool used to get Osama. So of course he gets the credit. /hurl)
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To: wideminded

Back in 1964 I bought my first new car, a Volkswagen. Top out 72 mph. I drove from Raleigh to Kingsport on US 70/421 repeatedly.

I learned early on that unlike my old chevy, people resisted being passed by a Volkswagen and frequently speeded up to prevent that happening.


20 posted on 05/16/2011 5:05:33 AM PDT by bert (K.E. N.P. N.C. D.E. +12 ....( History is a process, not an event ))
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To: whd23

I don’t know about NH but in some states like VT the double yellow line does not mean “no passing”. Only if there is a sign
saying “no passing” is it not allowed.

Either way, the punk that rammed the biker needs his legs broken.


21 posted on 05/16/2011 5:09:41 AM PDT by soycd
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To: whd23

“I wasn’t going to let him pass me”. I have noticed this type of mentality by many drivers, both men and women. I don’t know what it is? Possibly more of a me-centered attitude? Does it really make a difference in someone’s life to be the front car? It is obvious that this teen/adult is a danger to society. I can’t imagine accidentally hitting a motorcyclist much less DELIBERATELY hitting one.


22 posted on 05/16/2011 5:14:29 AM PDT by momtothree
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To: whd23
Some more info, including a video, here.

"I am not a dangerous man," Eller said. "I did not mean to do that. Just, my thoughts and my actions were not correct in what I did."

He IS a dangerous man!
I can not believe the judge did not pull this man's license!
He could have killed that motorcyclist!
23 posted on 05/16/2011 5:17:18 AM PDT by MaryFromMichigan
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To: whd23

Perhaps he grew up in Asia? That type of driving is NORMAL over there.


24 posted on 05/16/2011 5:18:05 AM PDT by MeneMeneTekelUpharsin (Freedom is the freedom to discipline yourself so others don't have to do it for you.)
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To: MaryFromMichigan
From Mary's link:

"I'm going to be paying for everything, so I'm sorry for any cause of the accident," he said. "I did not mean to hurt or ham anyone, so don't think I am a harmful person."

He's sorry because he's going to be paying for "everything?" How about being sorry because you've realized that you're wrong?

Does "everything" include the pain, suffering and possible life-long complications the victim might have due to having his leg fractured in several places?

25 posted on 05/16/2011 5:23:47 AM PDT by whd23 (Every time a link is de-blogged an angel gets its wings.)
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To: puppypusher
Pelham police Lt. Gary Fisher said Friday that investigators believe Hawksley was in a legal passing zone at the time of the crash.

The motorcyclist was NOT AT FAULT. The teen was trying to PREVENT him from passing...............

26 posted on 05/16/2011 5:27:47 AM PDT by Red Badger (Jesus said there is no marriage in Heaven. That's why they call it Heaven............)
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To: wideminded

Movies like “Fast and the Furious” and all their genre seem to have that effect on young minds.

I remember when “Vanishing Point” came out in the early 70’s muscle car era. After the movie, rubber was being burned all over the parking lots of movie theaters all across America..............


27 posted on 05/16/2011 5:30:43 AM PDT by Red Badger (Jesus said there is no marriage in Heaven. That's why they call it Heaven............)
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To: MeneMeneTekelUpharsin

Or Italy............


28 posted on 05/16/2011 5:31:27 AM PDT by Red Badger (Jesus said there is no marriage in Heaven. That's why they call it Heaven............)
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To: momtothree
“I wasn’t going to let him pass me”. I have noticed this type of mentality by many drivers, both men and women. I don’t know what it is?

I read an article on road rage a few years back that claimed root causes of road rage have to do with detachment from reality.

A petite woman climbs into an SUV. Now she's bigger than many other vehicles, can control the sounds of her environment (radio), the temperature of her environment (heating/AC) and to a degree, other vehicles on the road.

A guy gets off work after being berated by his boss, or talked down to by customers for 8 hours, and when he climbs into his car, he's his own man again. He can determine exactly where he goes, and can influence other drivers around him.

The author (a psychologist) claimed that road rage occurs when the illusion of control and self-determination is threatened or broken. A motorcycle passing your under-powered compact Ford would shatter such an illusion of control held by an immature or irrational driver.

I'm not sure how accurate all the author's claims were, but it gave me something to think about.
29 posted on 05/16/2011 5:53:36 AM PDT by ConservativeWarrior (In last year's nests, there are no birds this year.)
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To: FReepers
On FR Everyday?

Feed Your Passion

Donate

30 posted on 05/16/2011 5:53:40 AM PDT by DJ MacWoW (America! The wolves are at your door! How will you answer the knock?)
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To: Red Badger

Pelham police Lt. Gary Fisher said Friday that investigators believe Hawksley was in a legal passing zone at the time of the crash.
The motorcyclist was NOT AT FAULT. The teen was trying to PREVENT him from passing...............

To you cyclist out there,Please don’t get me wrong I say prosecute the kid for attempted murder,but at the same time these motorcyclist have to use some sense as well and operate their bikes in a safe manner.

I have NO wish to have the death of a motorcyclist on my mind for the rest of my life because he wants to do something stupid. I have No wish to be involved in his suicide.


31 posted on 05/16/2011 5:54:52 AM PDT by puppypusher (The World is going to the dogs.)
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To: ConservativeWarrior

“... it gave me something to think about”.

It certainly does. I truly believe the majority of people IF confronted by someone face to face after an altercation would be scared to death. The “bravado” would be gone (male or female). I also think it tends to say a lot more about our civility as a society now. You didn’t really hear or remember this stuff years ago. In fact, if you had a car problem and were parked on the side of the road, it was almost a guarantee that someone would stop to offer help. If someone was going under the limit, you passed the car when and if it was safe. You wouldn’t flip them the bird or any such nonsense. I wonder if the motto of today isn’t “lie, cheat, steal, take, grab... whatever it takes to get one step a head”. It shows on the roads IMHO.


32 posted on 05/16/2011 6:00:10 AM PDT by momtothree
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To: whd23
"Mannion called the incident an extreme case of road rage."

Should lose the drivers license permanently!

33 posted on 05/16/2011 6:03:50 AM PDT by TPOOH (I wish I could have been Jerry Reed.)
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To: puppypusher

If I see someone driving stupid, I just shake my head and maybe sing the @sshole song by David Allen Coe, and pray that he has a meeting with a trooper or deputy and have some sense talked into him. If the stupid is really bad and I have a plate, I call it in - which I have done. The only time I will aggressively pass is if the other driver is going dangerously slow (35 in a 65 for example) and I want to put as much distance from him as possible.


34 posted on 05/16/2011 6:12:48 AM PDT by Fred Hayek (All Hail the No Talent Pop Star pResident.)
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To: puppypusher

Just because a few daredevil idiots want to show off their bike’s undersides does not make all motorcyclists suicide jockeys. There are millions of law abiding cyclists that do not want to live fast and die young................


35 posted on 05/16/2011 6:13:48 AM PDT by Red Badger (Jesus said there is no marriage in Heaven. That's why they call it Heaven............)
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To: whd23

With spineless female judges like this one on the bench, criminals know they are safe from real punishment. The judge should be the one looking for a job, because she’s not doing the one she has.


36 posted on 05/16/2011 6:23:41 AM PDT by kittymyrib
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To: whd23

As a rider myself, and having had the experience of having someone on the interstate try to do the same thing to me (three separate times) as I tried to get by him in another lane (8-lane interstate, 4 in each direction), my reaction to this is that the kid *needs* to have his driving privileges revoked for at least the next 10 years. This is nothing less than attempted vehicular manslaughter (I doubt the kid intended to actually kill the rider).

All that said, the ZX-14 is the fastest road-legal bike *on the planet*, and the rider should have known that the throttle is just as good as the brakes for avoiding idiots. This bike can do 0-100 faster than most performance cars can do 0-60, and 0-60 in under 2 seconds entirely in first gear, and will do a roll-on acceleration at any speed and in any gear that will wrench your arms out of their sockets. He should have been able to gas it and simply vanish into the distance the moment he saw the kid coming over. Now granted, sometimes when the excrement’s contacting the rotary blades when you’re riding, you don’t always think things through properly, but that’s all the more reason to make certain actions second-nature.


37 posted on 05/16/2011 7:01:22 AM PDT by Little Pig (Vi Veri Veniversum Vivus Vici.)
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To: whd23

the area you show, near an intersection is clearly a no passign zone, however the investigators said in teh article that he was probably in a passing zone. it seems that you jjumped to a conclusion, based upon the offending driver, that the biker was in a no passing zone.
now that might be true, but why take some that might have been said to cover the guy’s behind over what the impartial investigators found?

that said, I understand that we all take our personal viewpoints when reading something like this article. it seems to me that the driver was wrong either way.


38 posted on 05/16/2011 7:11:03 AM PDT by camle (keep an open mind and someone will fill it full of something for you)
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To: camle
the area you show, near an intersection is clearly a no passign zone, however the investigators said in teh article that he was probably in a passing zone. it seems that you jjumped to a conclusion, based upon the offending driver, that the biker was in a no passing zone. now that might be true, but why take some that might have been said to cover the guy’s behind over what the impartial investigators found?

Actually, I didn't 'jump' to a conclusion, nor did I take either the offending driver's or the investigator's word at face value; I used "street view" on Google maps to examine the road markings leading up to the intersection to check for myself. Later, I realized that I had misread the direction of travel in the article and corrected my observation in a follow-up posting (post 17).

39 posted on 05/16/2011 7:31:33 AM PDT by whd23 (Every time a link is de-blogged an angel gets its wings.)
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To: ~Kim4VRWC's~; 230FMJ; 4woodenboats; 68 grunt; absolootezer0; AdamSelene235; AJMaXx; ...
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40 posted on 05/16/2011 7:45:44 AM PDT by martin_fierro (< |:)~)
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To: whd23

gotcha! sorry if I took offense. some people are quick to blame the rider for the actions of the cager. but even if the rider tried to pass in a no passing zone, the cager was clearly wrong for his reaction.
if he think’s he isn’t so mean, he should go and look closely at the biker and the injuries he caused by his childishness. but it seems that we’re in agreement.


41 posted on 05/16/2011 7:47:24 AM PDT by camle (keep an open mind and someone will fill it full of something for you)
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To: camle

No worries. We’re definitely in agreement. As I mentioned in a previous post, I’ve been passed illegally and I normally just slow down so as not to be involved in any resulting crash the moron passing me might cause. In this case, the biker does appear to have at least started his passing in a legal zone, but either way the ‘cager’ is at fault.


42 posted on 05/16/2011 7:57:47 AM PDT by whd23 (Every time a link is de-blogged an angel gets its wings.)
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To: martin_fierro
Hang 'em High!!


43 posted on 05/16/2011 8:00:56 AM PDT by blackie (Be Well~Be Armed~Be Safe~Molon Labe!)
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To: bmwcyle

It is not road rage. It is attempted murder.

Amen, and I’m sure this charge will never see the light of day. Doesn’t matter whether four wheeler or cycle, the number of these attempts goes up every year I drive. If I see them, and so far have been able to avoid them, one wonders just how much of this goes on. After all, if you kill someone and there aren’t any witnesses, you can probably lie your way out of any conviction.

Should have had a 500,000 dollar bond right of the bat.


44 posted on 05/16/2011 8:01:05 AM PDT by wita
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To: All

expect more motorcycles on the road folks.

A single rider can use the HOV lane (per fed law)

Good gas milage.

easier parking.


45 posted on 05/16/2011 8:03:53 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: puppypusher

At best there is a debate about the circumstances. The biker might have pushed to the edge of the legal zone but there is no conclusive proof he ever was outside of it.

This isn’t to say it wouldn’t have been wiser for the biker to exercise more caution — but what he did doesn’t necessarily rise to a violation of any law or code.


46 posted on 05/16/2011 8:06:01 AM PDT by HiTech RedNeck (Hawk)
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To: whd23

I think we all have been passed illegally. the fact is that we let it pass and don’t take it personally - maybe the guy has an emergancy at home or somewhere. sometime I do get ticked, especially if I am endangered, but if the guy wants to eat a bread truck, I won’t get in his way.
and I ride accordingly, and never pass unsafely - it isn’t worth it.


47 posted on 05/16/2011 8:07:11 AM PDT by camle (keep an open mind and someone will fill it full of something for you)
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To: whd23

If you really stick your foot in it, it is considered good FR etiquette to hit Abuse on your own post and ask the mods to delete it, which usually happens quickly.


48 posted on 05/16/2011 8:08:16 AM PDT by HiTech RedNeck (Hawk)
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To: HiTech RedNeck
If you really stick your foot in it, it is considered good FR etiquette to hit Abuse on your own post and ask the mods to delete it, which usually happens quickly.

Good to know, thanks!

49 posted on 05/16/2011 8:10:20 AM PDT by whd23 (Every time a link is de-blogged an angel gets its wings.)
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To: whd23

He should never be allowed to have his license again. What an @$$! He shoudla lso be required to pay for all medical for as long as needed because injuries like this sometimes take years to recover from.


50 posted on 05/16/2011 8:33:24 AM PDT by chris_bdba
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