Driver convicted in Colorado horn-honking incident

If you haven’t yet seen the actual video of the incident, it’s really remarkable.

Kudos to the Colorado Highway Patrol (and the prosecutors) for actually investigating; and bringing the driver to justice.

According to the Daily Camera, driver “James Ernst pleaded guilty to two counts of harassment — a Class 3 misdemeanor — and two counts of improper use of a horn — a traffic offense”, and received 12 months probation, including a court-ordered anger management class.

I’m starting a new tag today, intentional, to highlight intentional mis-deeds; which are both far less common than unintentional (but still dangerous) behavior, and  in some types of cases  can be hard to prove. Nothing to do with this case — nobody was injured — I’ve also always wondered about insurance policy’s “intentional acts exclusion” — if an insured person intentionally runs over somebody with their car, is their auto insurance off the hook for damages?

‘In the presence’ Requirement?

Obviously, no one in law enforcement witnessed this… [ this material was moved to in-the-presence-requirement ]

2014 Update: Probation revoked

The news on James Ernst continues, as reported by the times-call in March 2014:

…Under the terms of his probation, he was ordered to complete anger management, 20 hours of community service, take a traffic course called Alive at 55 and abstain from alcohol.
According to the Boulder District Attorney’s Office, Ernst tested positive for alcohol in November, missed an alcohol test in January, failed to complete anger management and traffic classes and did not complete his community service.
The court added a condition on Friday for him to complete a mental health evaluation and any needed treatment.


One thought on “Driver convicted in Colorado horn-honking incident”

  1. more weird stories out of colorado

    And especially the “Mark Ewell” video out of Colorado Springs, CO (now removed at his request from youtube… The incident happened approx July 16?, 2013; and was removed as of July 19.;v=MffTv_M0zHc

    The incident that sparked his rage occured on a “section of Marksheffel Road where Mark Ewell was complaining about the cyclists is only 25 mph. Mark Ewell complained that the cyclists were only doing 20-25 mph”. Which i cannot confirm (i mean: i cannot confirm the posted limit). I don’t know the ins-and-outs of CO law, but the lanes were presumably (but again i can’t confirm) “too narrow for a vehicle to safely pass a bicycle…”

    He, via his facebook page, later apologized; well sort of…

    “July 17, 2013 at 11:18 PM
    I would like to apologize to the cycling community of Colorado for the video that was posted on Monday.

    While the cyclists in question were clearly breaking state law by riding in a pack instead of single file, that does not excuse my commentary or actions. I intended the video to demonstrate the attitudes and indifference of cyclists, but was more successful in showcasing my own frustrations.

    I will be examining myself as a result of this incident. Perhaps the cyclists who engage in the behavior shown in the video will be able to overlook my comments and consider their own behavior as well. Hey – maybe we can go for a ride together sometime. Or a run.

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