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Active Expert: Gale Bernhardt

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Before you start reading, I'll warn you this is long. It is a story about aggressive drivers, cyclists and a Larimer County Sheriff's Deputy.

Yesterday the group I was riding with headed to Estes Park via Glen Haven (Devil's Gulch Road or County Road 43). There were six of us riding single-file and riding close to the right side of the road, westbound. Within a few miles of Glen Haven, a grey Jeep came up behind us with the horn blasting. The driver continued holding the horn going by and all the way past the group. He seemed to be too close to the group as he went by, horn blaring in our ears.

There were a few comments within the group about, "What is that guy's problem?" We continued into Glen Haven, where we stopped.

There were a couple of riders off the back of the group and I decided to go back to pick them up. I was riding alone, east-bound out of Glen Haven when I heard a horn honking. I looked over my left shoulder to see the Jeep again. The driver was using his Jeep to force me off the road. I couldn't believe what was happening.

He was going slow enough to lean forward and look past his passenger to yell at me, "This road isn't big enough for cyclists!!!"

I went off the road into the soft sand and managed to keep the bike upright. I yelled at him, "I'm calling the police!"

He yelled back at me, "Yeah, good luck with that!" He drove off.

I managed to get his license plate numbers and a description of the vehicle. The vehicle description wasn't hard since I'd seen it twice. I rode back to Glen Haven chanting the license number and asked the other riders to help me remember so I could call the police when we arrived in Estes Park.

Audrey Stine was riding ahead of our group and happened to be stopped in Glen Haven. She asked someone sitting at the tables in front of the Glen Haven General Store if they had a piece of paper so we could write down the plate and vehicle description. A woman sitting at the picnic table was happy to help.

Another person, not with our group, reminded me of the Colorado State Patrol (CSP) program to alert police to aggressive drivers. Just dial star-CSP (*277) to report the incident. Be prepared to communicate:

  • Vehicle license plate number - this is mandatory
  • Location and direction of travel
  • Vehicle and driver description, if possible
  • The aggressive driving behavior being demonstrated

The *CSP number is important because the driver's information is entered into a state-wide data base. The license plate number is the key. From the Bicycle Colorado website:

"According to the State Patrol website, they enter this information into an aggressive driver database and send a warning letter after receiving three complaints. If the State Patrol receives additional complaints they send a trooper to make personal contact with the registered owner of the vehicle to take appropriate enforcement action.

Bicyclists can report aggressive driving from any road in Colorado, not just a state highway."

When we arrived at the Notchtop Café in Estes Park, I immediately called *CSP. The dispatcher took my information and then connected me to another person, I believe Larimer County. This person took initial information and my cell number. She told me someone would call to follow-up.

Within a few minutes, I did get a follow-up call from a woman that took the incident information. She told me that an officer would follow-up and asked what time I would be available to take a call. I told her either within 15 to 20 minutes or at 1:00 pm when I was back down the mountain and in cell range again.

Indeed, at 1:00 pm I received a call from a Larimer County Sheriff's Deputy. The deputy took all of my information and told me he would do some investigation.

A few hours later, the deputy did call me back and told me he spent about 45 minutes talking with the motorist. The motorist supported my basic story; except, as you might imagine, a few critical details.

The motorist claimed that he used his horn to alert the cyclists that he was approaching from behind. He agreed we were in single-file and he did not believe that he drove too close to us.

As for the second incident, with me as the only rider, he admitted that he was "grumpy" when he spoke to me to let me know he did not believe the road was a safe place for cyclists to be - and he apologizes for that. He did not believe that he forced me off the road.

In my editorial opinion, "Riiiiiiiiiight."

Of course he is not going to admit to the police that he tried to force me off the road.

I ride that road often and I ride many of the roads of Larimer County often. I have been riding here for more than 20 years. I have never had a motorist try to use their vehicle to intimidate me or use it as a potential weapon.

Over the years I have had the occasional horn honkers, obscenity screamers and finger-waggers; but, never anything so up close and personal. I was visibly shaken for several minutes after the incident.

I think a rider with less experience could have easily lost control of the bike and ended up under the wheels of the vehicle.

The deputy told me I had a right to be on that road and I had a right to be safe. He told me I was welcome to file formal charges, if that is what I wanted to do.

The formal charges would have likely resulted in a ticket issued to the driver. It would probably be something on the order of wreckless driving. If the driver would have paid it, there would have been a few points rendered on his driver's license and a fine.

If the driver wanted to fight the charges, there would have been a court date scheduled. Do I have enough eye witnesses to press a case? I believe so.

Would a traffic ticket get the issue resolved or get me what I wanted?

What did I want to have happen?

1) I wanted the guy's name and a report of the incident to be put into a data base. It turns out he is a local person that is a long-time resident of that area. I wanted it to be on record that he exhibited aggressive driving behavior. I wanted this documented because should someone else be attacked or injured in the future, he is on record as a repeat offender. The officer assured me that the incident is on record in Larimer County.

As a side note, repeat offender information is making it much easier to go after a California motorist that caused significant injuries to cyclists. Read about that case here.

2) I wanted a police officer to talk to this person to let him know that his behavior, or alleged behavior, is unacceptable.

Both #1 and #2 did happen. The deputy told me that he believes the driver's demeanor was impacted by the deputy's visit.

Will the driver change his future behavior toward cyclists? Only time will tell.

I can only say good things about how the Larimer County Deputy handled the situation. The deputy did not give me the impression that he was anti-cyclist. He did give me the impression that he was interested in keeping the road safe for cyclists and drivers.

I drove up to Estes Park today to thank him for his actions to keep the roads safe for everyone. I know the Sheriff's Office has received bad press recently for Sheriff Alderen's handling of other cycling issues; however, I think it is important to be on record that at least one deputy is correctly handling cyclist's complaints against aggressive motorists.

I decided that filing formal charges would not gain much, if anything at all, so I didn't file charges.

I do urge cyclists to call police about aggressive drivers. I believe getting the offender's name in a database is critical. If your state does not have something similar to *CSP, then use 911 to report aggressive drivers.



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Aug 25, 2008 9:37 PM Reply Guest Mark

In my opinion, you should certainly have filed formal charges against this motorist. People like this driver do not understand polite, or comprehend that he/she could kill a bicyclist very easily. Only the formality of the legal proceedings can effectively get the attention of jerks like this one. Even if you were ultimately not the prevailing party, it would possibly cause this driver and his/her passenger to consider his/her behavior before another such incident. As it stands now, he/she likely believes that he/she can do whatever, as no police officer or judge or jury has indicated to him/her that his/her behavior was wrong. Please file formal charges, and save the next rider from this dangerous driver. Mark

Aug 26, 2008 10:01 AM Reply Click to view Gale Bernhardt's profile Gale Bernhardt in response to: Mark

Hey Mark ~

From what I understand from the deputy, he did tell the driver that behaviors such as the ones I reported are wrong. The driver, of course, claimed innocent mistakes and "grumpy" comments - with full apologies to the officer (as you might expect). In the officer's opinion, the visit by law enforcement did have an impact on the guy.

Would a careless/wreckless driving ticket do more good than simply getting the guy's name on record? In my opinion, no. I thought long and hard about whether or not to file charges and was fully prepared to travel to Estes to do so. I considered several elements, including the officer's report of the guy's reaction.

Perhaps I am being too optimistic about the affect the deputy had - only time will tell.

Aug 26, 2008 1:33 PM Reply Guest Kent in response to: Gale Bernhardt

Gail,
First, I'm glad to hear you're OK. I'm also glad to hear the deputy took you seriously and pursued the matter. It is my opinion that the sherriff's public statements/positions have only emboldened a few cyclist hating people out there. I'm sure most cyclists have a story or two about rude motorists. I've had people laying on the horn all the way by more times than I can count, been shot at with a paintball gun, had all kinds of things yelled at me, people swerve at me, diesel truck drivers intentionally leave clouds of black smoke, etc. Many times I have thought, if I were a policeman on a bike, or if there was an officer in sight, they wouldn't dare act that way. It's like a vigilante or lynch mob attitude.

All that said, I still think most people are good and decent, and don't mind cyclists. Some are extra polite, and then there are the few like the guy you encountered.

From the deputies report, I think the visit from the deputy will likely be enough of a wake up call that the guy understands he can't treat his fellow person like that and get away with it. If not, his name is on record, and it is the first step in the process for handling people that can't get along with others.

Aug 26, 2008 2:13 PM Reply Click to view Eiron's profile Eiron in response to: Gale Bernhardt

Hi Gail,

I understand your hopes about this guy changing his ways based on a warning from law inforcement. Perhaps he had a fight at home & was "driving it off." Perhaps this was something that he'd been stewing over for a while & it finally got to him, with you all as the handy outlet.

My fear is that, in actuality, your group wasn't the first to experience this type of behavior from this particular individual. His action of pre-contact horn blowing says to me that he's been thinking about how to explain himself if caught, & is more a statement of "I'm coming to get you" than "I can't take this anymore."

I thought a driver needed to accumulate several aggressive driving reports before an officer would contact them. Do you know if this is correct? If not, then I'm very glad to hear that police are contacting after a single incident. If so, then that means this person's been reported before. But like I said, either way, I don't think that you experienced the initial outburst of this guy's road rage.

Because of that, I have to agree with Mark. Charges seem the surest way of making the intended impression. Too many of us want to hope for the best in people, & those few who don't care about the well-being of others... well, they simply don't care. A "stern lecture" won't cut it.

As a long distance bike commuter, I interact with a lot of cars every day. 99.9% are respectful of me as another, more vulnerable, vehicle. But there are a few that don't seem to understand how quickly they can hurt an unprotected person. (Just yesterday a semi driver decided to startle me with his air horn. There were no other cars around on our side of the divided highway (southbound 287, just north of C470). I caught him at the next light & tried to find out what was up, but he wouldn't look at me until the light changed & he could then watch me in his side mirrors. Unfortunately, I didn't have the presence of mind to get his plate number.)

Again, I understand your feelings. But I agree with you that perhaps you are, in fact, being too optimistic. Thankfully, you didn't get hurt.

Greg

Aug 26, 2008 2:36 PM Reply Click to view Gale Bernhardt's profile Gale Bernhardt in response to: Eiron

Greg ~

Per the Bicycle Colorado site, it says that more than one incident results in a call from an officer (a state officer). For whatever reason, CSP forwarded my complaint directly to the Larimer County Sheriff. I'm not sure why, but the Deputy decided to pay the guy a visit.

I had the same bias as you. I told the officer I felt that the guy spent his day driving up and down that road harassing cyclists. The officer told me he did a background check on the driver (and me too) to find there were no previous problems with this person - at all. His explanation of up-and-back is that he will often drive to the Glen Haven General Store to get cinnimon rolls (the best around, I'll admit) for guests staying with them. This is why I happened to see him twice on this day. I suspect he had no clue I was in tucked in the group line he had seen 15-20 minutes earlier.

While I still suspect he is a very experienced harasser - I have no proof of that, it is only my opinion. The officer seemed to believe a stern lecture did the trick. Only time will tell.

My local cycling distribution list is well over 200 people and many people on that list distribute information to others. Additionally, I have had multiple requests to forward the positive information about the Sheriff's Deputy to the local newspaper. I did that this morning. If the newspaper runs part of the column and gives the grey Jeep description, even more people will know. The word is out on this guy and many, many people will be watching for him on his normal route.

Perhaps one of my character flaws, but I do tend to be optimistic and give people a chance...

Aug 26, 2008 3:56 PM Reply Guest Jamie

I was struck by a car while out jogging a few weeks ago. The driver wasn't mean-spirited, only inattentive. But I believe it points to a few problems with our American culture:

Because we spend so much time in cars, we forget that they are incredibly dangerous bits of machinery. And because so much of our culture is centered around cars, we begin to see our vehicles as extensions of our bodies. If you think of your car as part of yourself, it's not such a stretch to use it like you would your hands, to flip someone the bird or to push them out of your way (although both of those actions are puerile).

Bottom line? Motorists (and I believe I'm guilty of this, too) don't understand how much damage they can do by using their vehicles to bully cyclists and pedestrians. Seriously, if they thought about it (i.e. "Whoa! This thing weighs almost a ton! I could kill someone with this thing!"), how many motorists would use these reprehensible tactics?

I don't know what the solution is, though. On NPR Talk of the Nation today, someone suggested education (both for cyclists and motorists) as the most viable option.

Aug 30, 2008 2:23 PM Reply Guest Zoltan in response to: Jamie

Gail,

I am glad to hear that you are not hurt. Encounters like this happen all the time and we wonder, what would be the best possible way to handle them. Of course, they all require different approach.
I am riding my bike to work, try to act like a vehicle. I try to follow the rules of traffic and I hope to think that I have a right to take up my lane when there is no bike lane. So usually I ride in the middle. Most people are OK with that, some do feel bothered by it. As far as I am concerned, you can get out of your car, join me on a bike, than we can talk. (I do wear bright clothing and lights and all).
A few weeks ago I was pulling a Burley with my daughter in it, and a guy (while on a cell phone and driving) yelled at me to get off his road, get back on a sidewalk and anyway, I can't even get up to the speed limit.
I thought speed limit was a maximum and not the minimum speed on any given road.

As far as filing charges, I don't think that would solve the problem, it could anger the guy even more.
I do have to agree with Jamie, education is one of the most important tool we can have to show people, that we are able to navigate traffic in a safe manner without putting ourselves and others in danger.
I see too many cyclists with no regard to traffic laws, going through red light, swerving all over traffic, riding against traffic and not wering clothing, that is easily visible to others.

The bottom line is: education has to start early, and has to start with us, bicyclist, so we can be a part of the sollution on sharing the road, and then go out and demand equal rights to the road.

Keep riding and ride safely

Sincerely
Zoltan (EMT-I from SLC, UT)

Aug 31, 2008 9:11 PM Reply Guest fc_biker in response to: Jamie

This sounds like attempted homicide with a deadly weapon. You should certainly file charges to the fullest extent of the law. Like you said, a less experienced rider might have ended up under the wheels of the vehicle.

Aug 31, 2008 10:08 PM Reply Guest Dino

One thing you might want to consider is programing the *csp into your phone. As well as the local city and county sheriff's non emergency numbers.

Sep 1, 2008 10:39 AM Reply Click to view Gale Bernhardt's profile Gale Bernhardt in response to: fc_biker

I'm not a lawyer, but my impression is that "attempted homicide" would need proof that the person intended to kill me. In all honest, I don't believe he intended to kill me - but I do think he intended to scare me enough that I would not ride on "his" road again.

Legal eagles out there, comments?

Sep 1, 2008 10:42 AM Reply Click to view Gale Bernhardt's profile Gale Bernhardt in response to: Dino

Great suggestion Dino. I think it is good for everyone to program emergency numbers into your phone.

Also, a great suggestion off-line by Laura Hines is to practice memorizing license plate numbers. She practices reading and memorizing numbers on her bike commute to work.

Sep 1, 2008 11:30 AM Reply Click to view Gale Bernhardt's profile Gale Bernhardt in response to: Zoltan

Thanks to everyone for the safe riding wishes and comments.

Oct 6, 2008 11:47 AM Reply Guest Timothy Gaunt

Gale,

I'm glad your situation turned out as well as it did. It didn't turn out so well for my niece and father. They were struck and killed my an inattentive motorist August 6, 2007. In their situation the driver had a minimum of 1,000 feet visibilty and a clear left lane of a divided 4 lane road before he struck them from behind.

The event was bad enough that the driver was charged with involuntary manslaughter. (Many municipalities do not even bring these cases to trial if fear of loosing) Unfortunately, the jury found him not guilty. Many possible reasons for the verdict but I fault complacency and lack of accountability in our society today.

Thanks for letting me respond. God Bless and be safe.

Oct 6, 2008 12:09 PM Reply Click to view Gale Bernhardt's profile Gale Bernhardt in response to: Timothy Gaunt

Timothy ~

I am so sorry to read about your dad and neice. I feel bad for you and your family. Thank you for posting, I'm sure this issue remains full of raw emotion for you. Also thanks for the safe riding wishes - really to all cyclists.

Take care and though it will never disappear, I hope some of your sadness can be healed.

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Gale Bernhardt

Member since: Jun 12, 2007

Gale Bernhardt's personal blog on triathlon, mountain biking, road cycling, running, "for women only" stuff, running with a dog and other issues in the endurance sports world.

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