What could I be charged with if I were to throw water balloons at random people? Or suppose I throw handfuls (handsful?) of flour in people’s faces? Even if am not putting them in any danger, this seems like some kind of assault.
At common law any harmful or offensive touching, no matter how slight is a battery. Touching includes touching of an object intimate to a person. A car when one is inside would certainly count.
Many statutes have modified this basic definition, but I would have no problem charging the driver with a battery.
Battery. Assault is attempted battery. But to recover you have to show harm.
Older diesels that didn’t have a turbocharger or had a non “waste gate” turbo, could really put out a cloud of smoke when first getting going if the driver pushed hard on the accelerator. Smoke from those old trucks isn’t a sign of hostility, it’s just older technology or maybe as you say needing some work.
Assault is one of those things that isn’t necessarily what people think it is. There are specific and necessary elements for an action to be an assault.
That appears not to be the case. In most normal use, the “coal rollers” appear to put out a typical exhaust stream, and would easily pass most emission tests. I think the modification allows for selective fuel dumping (into the engine) whenever the driver wants to billow.
If you ever want to see a truly big cloud, watch what comes out the stack when a freighter fires up, or if you are unfortunate enough to be landlocked, watch a locomotive fire up.
However, a battery that is slight and exhibits little power is unlikely to result in significant charges, especially if the alleged victim has high resistance. The cost of inducting a jury for an electrifying trial just isn’t worth getting amped up over and the Circuit Court typically prefers to insulate itself from the field. Typically, offenders get thrown into a secondary cell for a few cycles until they are re-grounded, then discharged. That occasionally causes some micro-Hertz but the result is rarely considered significant. These principles was codified in Ohm’s Prevention of Criminal Reactance Act of 1827.
Very nice! 
i would think a motor dirtying up the air would also dirty up the oil.
Piston rings getting saturated with with crud that would score the cylinder walls.
Also, many modern diesels have catalytic converters and soot traps which rely on the delicate, un-messed-around-with tune of the fuel induction system…catcons and traps which can easily clog and/or burn up.
That’s being positive!
One can hope. Burning up would really be ideal.
Anode the conduct of puns would start making the circuit here.
The question of the op remains incompletely answered: does such behavior legally constitute assault (or battery) or what? Nevermind if you agree or disagree with the reason for the behavior or whether or not individual police officers would prosecute it. Where do lines get drawn?
Throwing acid?
How would throwing urine at someone count? It’s not dangerous from a health perspective (its lack of sterility being immaterial).
Would going up to someone who you did not know but whose politics you guessed you disagreed with and blowing cigar smoke intentionally into his/her face count as protected freedom of speech?
Is an animal rights activist who throws paint on someone they believe is wearing fur engaged in free speech or assault and/or battery?
Does pouring oil or ball bearings on an intersection in protest, say against the lack of public transport options, (which like intentionally creating a plume of soot in front of another driver, makes an accident more likely to occur, even of the person doing it does not intend that to occur) count as free speech?
GQ. What are the legal answers?
[QUOTE=W.Va. Code 61-2-9]
(c) Battery. – If any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with the person of another or unlawfully and intentionally causes physical harm to another person, he shall be guilty of a misdemeanor and, upon conviction, shall be confined in jail for not more than twelve months, or fined not more than five hundred dollars, or both such fine and imprisonment.
[/QUOTE]
My answer is yes. Blowing exhaust on someone’s car is contact of an insulting or provoking nature to something intimately associated with a person.
I would think “disturbing the peace” would work here.
The urea they use in diesel exhaust fluid is the same compound as in found in urine. It was originally discovered as a biological by product, but mass scale production of the additive is done synthetically. In mammals it metabolizes nitrogen, and in diesel exhaust systems it reduces nitrogen oxide emissions.
The coal rolling trucks appear to be enriching the fuel mix as well as by-passing the diesel exhaust fluid (urea system) as well as particulate filters.
I know that’s not what you’re talking about, but I saw the word urine and found it to be an interesting tangent.
I recall a news item about some police (?!) attending a convention in downtown Toronto decades ago; they were up on a bridge over the road and dropped a water balloon on a colleague’s car as it drove under - and took out the windshield. (I have taken out a 3rd-floor window with a water balloon using a slingshot made with a funnel and surgical tubing… oops). Do not assume that a water balloon is harmless.
Acid is a harmful substance. It can cause bodily harm.
Urine is an offensive substance even if it is sterile, but I doubt that “it does no lasting harm” is ok; if it requires clothes and your person to be washed, it has caused harm, so water-soluble dye or urine is still “causing damage” if not bodily harm.
Adding oil to a city street is public mischief at the very least; in fact, it is intentionally going to cause automobile accidents, so it could be vandalism, reckless endangerment plus a host of traffic offenses. Same with ball bearings or nails.
The thing is, emitting a cloud of black smoke is moderately harmless, compared to acid or urine, unless it’s so thick as to cause a danger or continuous enough to endanger a bicycle rider. If the police car following you is of the opinion you did it deliberately, well, best case you can beat the rap but you can’t beat the ride. Innocent or guilty on dangerous driving, you pay the impound fees to get your truck back, plus the inspection fee and repair bill, plus any charges of tampering.
I have trouble imagining a problem of any magnitude with spewing this onto an enclosed auto - unless the police want to get after the driver for erratic acceleration, require a vehicle check, etc.
Maybe Prius owners should start “standing their ground.”
Automobile HVAC systems (when not on recirc, which is the default) pump outside air into the car.
It’s weird, I have a diesel tractor, but the smell doesn’t really bother me. I guess because I’m in open air. But get behind a diesel truck that smokes a lot, and my car sucks it right up. Makes me a little nauseous.
While maaaaybe not assault or battery. I certainly think it’s reckless. Especially bombarding bikes and open cars with this. I mean this shit is thick. You cannot see through it and sure don’t want to breath it. I say throw the library at these guys and put an end to it.