I hope Tigerman’s around to read this.
A friend of mine was involved in a traffic-related altercation about 2 months ago and the police recently contacted him, as the other party wishes to do something. As yet, my friend does not know whether the guy wants money or whether he wants to press charges.
The background: My friend got into an argument at a set of traffic lights with another scooter-rider, which culminated in my friend giving the guy a clout upside the head and driving off. Apparently, the plaintiff has a pedestrian witness who would be able to identify “a white guy.”
The plaintiff, who claims to be a professor, got my friend’s plate number and went to the cops, who have requested the pleasure of his presence at the cop shop.
So far, my friend has been in the “deny, deny, deny” mode, but is now wondering what his best course of action is, as well as the likelihood of his being tried and convicted. He needs to present himself on Tuesday and feels that the guy want more than just a cash settlement.
Anyone care to comment with something other than comments on the guy’s stupidity? He’s already had more than enough of that.
It looks like an open-and-shut case. Payment of a reasonable sum should settle the matter. I suggest your friend make some enquiries as to the going rate.
Yes Juba, you’d think so, and this precisely what I told my friend. However, he “feels” that the guy is vindictive and wants more than just money – shades of “You bloody foreigners come over here, steal our women, take our jobs, beat us up, etc. Well you just made a big mistake, bub. I’m gonna take you to the cleaners and see you in jail.”
My friend wants to know how likely jail is. I told him very, very unlikely, but he’s pretty worried nonetheless.
Based on your excellent obsevations/advice in other postings, you clearly have a very good understanding of the ways things work here.
However, if I may add my two NT for you to pass on to your friend…
Based on one experience I had with the Taiwanese police, which was also an assault (though in that case I was the assaultee), they seemed to want us to work things out on our own.
I can only speculate as to their motives (desire for less paperwork, less legalistic way of looking at things – odd for police, but who knows, etc…) but I was encouraged by no fewer than six police officers to just work things out. Settle for a small amount and move on.
Since the assault also involved vandalism to the tune of 40,000Nt damage to my former house (which was rented and for which I would have to pay) I pushed for something a little more than a “dwai bu chee” and a couple of NT.
Only when the Foreign Affairs Police get involved did things really get moving.
I mention this because I would think based on my experience that:
It will all depend on how far the plaintiff pushes it and what kind of police he gets involved.
The officer’s attitude towards assault, road rage (if it can be called that) and (sadly) foreigners will determine a great deal as well.
So, I think if your friend goes in and shows some contrition, offers to pay a reasonable sum, apologizes and assumes a cooperative attitude, all should go well.
If it looks like things are going sideways, advise him to request the FAP’s involvement.
If the guy was truly injured and went to a hospital and has photos and doctor’s reports to back up his claim, this will be more serious.
Was he bleeding or bruised?
I think that the likelihood of the police being willing to see it as a matter settled between two people and a little cash will decrease greatly if the plaintiff was injured and has supporting documentation.
The Foreign Affairs police should be involved in this.
Your friend should also insist on using a qualified interpreter, no matter how good his Chinese is. The police can really push one over on you. I recommend a native speaker of Chinese in this case, one with good Taiwanese skills.
It would be interesting to provide a “line-up” of similar white guys to see how good that witness really is – but of course that would be “bu hao yi si” for the witness so I suppose they wouldn’t do it. I’ll bet he couldn’t pick the guy out of a lineup featuring your friend, ImaniOU, me, and Alien.
I am not saying this to generate business for the Taipei Bar, I can not stand most members of the Taipei County Bar but…your friend needs an attorney before he goes to the little “cop-chat” and he is, in my professional opinion, an absolute fucking fool if he goes down there (remember going is voluntary) sans attorney. I smell a “set up” and the reason I sense that is we have:
local professor (remember being a professor is Big Face, Big Pull in Taiwan) + Local cops (who can be counted on to kowtow to local professor)+your white friend (who is most likely kind of “in the wrong” if I read the facts correctly)=Bad Day in Black Rock for your friend.
Get an attorney and until you get one keep your mouth absolutely shut and do not accept any RSVP cards from the cops.
Now as to attorneys, I strongly recommend attorney Kenneth Chiu. I will be up front, he is my friend. But I would also add he is also a long time human rights advocate, he has outstanding english (went to Cambridge) and he cost money$$$ (although I think his fees are on par with anyone else) and I view him as being very skilled. Let me put it this way, in my wallet I have lots of proseuctors and judges and MJIB folks’ cards. I only have one defense attorney’s card, the one I would call, and that is Ken Chiu.
His phone number is 2771-3393. His office (unless he has moved) is on Jen Ai Road, section 3.
take care and tell your friend the Bible says, Silence is golden especually before you get an attorney.
Ditto to Brian Kennedy…although I dunno who Kenneth Chiu is (I entered his number in my cell phone), it seems like a railroad job. Silence is golden, personally I’d refuse to answer any questions or talk to the police about anything other than good roast duck restaurants until I had an attorney present (unfortunately, my old attorney retired 3-4 years ago).
Given my recent encounter with a nasty, and I believe professional, plaintiff, I suggest your friend at least speak to Brian’s bloke. I would also advise your friend make the guy go through the whole rigmarole. This is small beer. Tell him not to be afraid of going up against a beak. Been there. If he wasn’t drunk, has a licence, and his bike is registered and he co-operates with the police, he’s not going to get hit for much. A motor altercation and a smack will be viewed as a very minor incident. No copper or prosecutor or judge is going to want to spend much time on this.
When your mate gets his summons, ring the prosecutor and postpone it. He’ll get another one a few months later. Another postponement should see the pointless plaintiff drop the lot.
They do this cause it’s free. He could have cause to raise a civil suit, but that would cost money.
It’s horrible, but tell your mate to relax. Do not under any circumstance hire a lawyer except on reliable personal recommendation and for one who deals with stuff like this. Most Taiwanese lawyers haven’t a baldy clue how to deal with traffic stuff and won’t understand why the issue of who’s right and who’s wrong is important to a foreigner. I was determined to give my troublesome little twat not a penny of my loot, whereas a few grand or so may have settled it. So I can see where your mate is coming from. Fuckem. Why become a spineless door mat just because you live in Taiwan? Good luck to your mate.
Don’t listen to all the “Taiwanese people are all consensus and happy clappy let’s work this out” types. How many of those stargazers have gone toe to toe at law with Taiwanese people ? You know the score already, and you know how they love suing each other over damn all.
Your mate’s plaintiff thinks your mate will cave because he’s afraid of his legal status and he’s taking advantage of that. And tell him not to worry even if he doesn’t have a licence, or insurance, or whatever. That will all be dealt with separately (and result in fines) to the assault case (if that’s what it is).
Now as to attorneys, I strongly recommend attorney Kenneth Chiu. I will be up front, he is my friend. But I would also add he is also a long time human rights advocate, he has outstanding English (went to Cambridge) and he cost money$$$ (although I think his fees are on par with anyone else) and I view him as being very skilled. Let me put it this way, in my wallet I have lots of proseuctors and judges and MJIB folks’ cards. I only have one defense attorney’s card, the one I would call, and that is Ken Chiu.
Brian[/quote]
He seems to be getting a lot of good advice about how to get out of it or what a bastard the other guy is but HE SMACKED A GUY IN THE HEAD AND DROVE OFF.
He should say sorry and give the guy alot of money some flowers and a coupon for dinner for 2 at the far eastern.
I have no problems with delivering a well needed smack but youve got to deal with the consequences of your actions weither they be an ass beating or a money pay out or even jail time. if it’s not worth it then dont hit people.
All very noble and self-righteous of you there mate, but the consequenses of this are that he smacked some bloke upside the head and got away with it scot-free.
I don’t think he should go to prison or even get into much trouble but what if some chinese guy smacked you like that. I’d be after blood. matter of fact i’b probably get both of us killed chasing him down the road.
I can see why you would want to help him not get excessivly screwed over by random and excessive application of the law. I got arrested in mexico about 10 years back because i was in a barfight where someone got stabbed. the stabbing hd nothing to do with me but i was the only white guy caught. they let me go later after some locals told them I had nothing to do with it. I understand because i could have gone to mexican prison for a long time for something as stupid as a barfight.
the point is, I’m glad he’s not in jail but where is the condemnation for his actions.
Withheld by most people who read my original post, in which I asked people to please refrain from pointless holier-than-thou protestations about something that was foolish, ill-considered and recognized as such immediately, certainly long before anything was posted about it here.
Just when I was ready to give up on . . . 
.
