Prius drivers and large pickup truck drivers are at the top of my “asshole” list when driving. Neither type seems to know how to yield the right-of-way to traffic before entering a highway, or how to accelerate out of the way after they failed to yield and cut everyone else off! I think they get their jollies by pulling out in front of people in a 55 mile per hour zone just to slow everyone down to 40!*
Both also seem to be the most likely to loaf around in the passing lane, without making any effort to pass anyone.*
As for the OP. It’s probably not considered assault anymore than blowing cigarette smoke in someone’s direction is. However, I do believe it is illegal under federal law to tamper with a car’s emissions equipment in any way that will increase the amount of pollution.
*Anecdotal data, based on what I observe when driving
Once again, we really don’t care about who is on your “asshole list” in General Questions. Stick to the legal questions and knock off the extraneous remarks.
doing that to a cyclist or motorcyclist strikes me as attempted murder.
Deliberately blinding them in a cloud of black smoke? I don’t want anyone to be hurt - but if some jerkwad did this, and the biker got hurt - I’d be laughing at the coal roller and be applauding when he got locked up for attempted murder.
Eh, I could see a manslaughter prosecution there (if the biker was killed). They certainly intend the conduct and the result is not just foreseeable but likely.
In the unlikely event of a death, yes manslaughter could be used (usual disclaimer about different laws in each state). A death occurred which was caused by the suspect but death was not intended. Its possible that in some states they call it 2nd degree or 3rd degree murder but the wording within the statute would make it plain that it is manslaughter.
But you really can’t have an attempted manslaughter. I’ll give you a scenario. Someone throws a smallish rock at a car while moving. It cracks the window and startles the driver into driving off a cliff. The thrower can be charged with manslaughter. If instead of driving off a cliff the driver instead pulls over to the side of the road and calls the cops. That is criminal mischief not attempted manslaughter.
Even in cases in which the choice is between attempted murder 2 (intent to kill but not premeditation (over simplified I know)) and aggravated assault it is very difficult to prove attempted murder. For instance if someone whacks someone with a bat and puts him in a hospital it’s pretty easy to charge. To get a conviction of attempted murder intent must be proven. In every case I can remember being involved in the attempted murder got taken off the table in plea deals. I’ve heard it said that attempted murder is the hardest charge to get a conviction.
But regardless of those other examples, if I tried to go to a prosecutor with an attempted murder charge for blowing smoke I better be able to prove it was Sarin.
Those are misdemeanors, not traffic violations. You’d get a notice to appear or the local equivalent rather than a ticket, assuming you were not arrested. It’s worth noting that constitutionally speaking a cop can arrest you even for a minor traffic violation.
Absent state/local law governing arrest procedures, yes, the cop has discretion to arrest. The next level after a misdemeanor is generally a noncapital felony, obviously followed by capital felonies. Traffic violations are generally called “civil infractions”, meaning they’re not crimes at all. Like improperly disposing of industrial waste or failing to spay your pet.
Another question that probably has 50 different answers. For instance we have nothing called felonies or misdemeanors. If you want I can tell you the difference between crimes, disorderly persons offenses and petty disorderlies. But that would only apply to one state. And I don’t want to do it on my phone.
Which charges can be put on a summons and which go on a warrant, which crimes are which degrees, the cut offs for the degrees and the line between felony and misdemeanor will all be different. Sometimes slightly sometimes greatly. But I agree, the no felony or misdemeanor thing is a bit weird. I find myself having to explain things in TV speak so people will understand.
Just to be clear, in general, if you’re trying to properly dispose of industrial waste, but misread the regulations or something and therefore violate the regulations, that’s not a crime, though you’re subject to civil fines (depending on what the waste is).
On the other hand, if you have hazardous waste, know that it’s hazardous waste, and know that there are rules about how to dispose of it, but intentionally disregard the rules, that’s potentially a felony and federal prison time.
For some context, spitting in someone’s face can be considered criminal assault according to the U.S. 9th Circuit Court of Appeals.
As for prevalence, it’s hard to say but the Daily Caller has supported the concept with a how-to manual.
One Oklahoma runner has experienced this. Twice.
Modifying a truck in this way is a crime. EPA: It is a violation of the [Clean Air Act] to manufacture, sell, or install a part for a motor vehicle that bypasses, defeats, or renders inoperative any emission control device.
Would it be defeating the bill to make it too specific in terminology? What if it was passed, and the next day all the former coal rollers kept doing it but started calling it, say, ‘carbopuffing’?
Unfortunately the way that is written means it will be hard to enforce. NJ police enforce the motor vehicle statutes and criminal statutes. That is under the title that covers the state DEP. The DEP will not be on the road enforcing it.
It probably has 10 different answers, though.