- Reporting - Rifo (Archived by Elmo)

[[TC]»Elmo«]

(2011-12-31 01:22)Tommer Wrote:  there are many forms of brake checking, for example when a cop is alongside my car I will brakecheck so they pass me, which I beleive is acceptable as it is not an attempt to crash there car.

First thing's first.
The definition of brake-check is to brake while there is a car directly behind you to test(check) their brakes. If the car behind is driving too close, or their brakes suck, they're going to hit you.
The term 'brake-check' makes no sense if the car is along side or anywhere other than behind.


For quite a long time (some years), we have treated break-checking by the suspect thus (it was discussed,either internally or externally, I forget, in the old forum, but as you know we've lost the data so I cannot directly refer to it):
It is the suspect's responsibility for any damage or physical reaction caused to the suspect's car. They cannot blame the cop for ramming into them, especially if the cop reacted in reasonable time (where possible).


The reasons being twofold:
1. That there are a number of techniques that can be used by the cop(s) to reduce or eliminate damage and to turn the situation against the suspect. These techniques can be particularly effectively executed when (as in this case) the suspect is known to attempt brake-checks.
2. If a brake-check was performed outside a chase situation, the fault would lie solely on the person following, as a collision would be impossible if the follower was driving at a safe distance for the speed and paying due attention. While the person doing the brake-check is potentially performing a dangerous manoeuvre, it is still the following car's responsibility to maintain a safe distance and be able to react to potential hazards.


I personally do not recall a time in the last few years where admin action has been taken against a suspect for brake-checking a cop. However, there has on occasion been action taken against cops who have failed to react when they have had plenty of time to do so.



This is a response regarding brake-checking in general. I have not yet viewed the replay and this incident will be reviewed internally.