Is A Car Tailgating Motorcycle Aggravated Menacing?

My question involves criminal law for the state of: Ohio.

Hopefully this is the right place. I would like to do something about the seriously dangerous drivers out here. I'm not talking about following 1 second instead of 2 seconds behind, very often (usually 2-3 times a week) I'll have someone tailgating my motorcycle literally 4 feet from my rear tire at 65MPH.

Sometimes I just cannot get out of the way (2 lane road with limited visibility and gully's on either side for example) slowing down doesn't help and usually makes them just get even closer. Lately I've had luck standing on my pegs and weaving around to wake them up (they probably think I'm crazy, and when I do so I appear about 8' tall ;-), but technically standing up on a motorcycle is illegal in Ohio.

I could videotape these situations showing the front license plate and drivers face, and I'm willing to take whatever time is necessary to testify. Ohio Revised Code (2903.21 Aggravated menacing) seems to fit this very well.

Would I be wasting my time trying to get a prosecutor or LEO to bother arresting/charging these people? Just thought I'd ask, I generally don't like peeing in the wind, but neither do I want to be peeing into a bag for the rest of my life.

Thanks for any insight into this.

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I would like to do something about the seriously dangerous drivers out here.

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Unless we're allowed to follow them around and go all Tonya Harding on them when they get out of their cars...not happening.

I wouldn't expect law enforcement in Our Fair State to do much of anything about this. They're not going to go after the drivers tailgating you with a charge of aggravated menacing - they have to show intent to hurt you, and being a crappy driver is not intent.

That's about what I figured. I guess I'll have to utilize other means of defense and handle it on a case by case basis. I'll surely be keeping the video camera aimed rearwards just in case, you can be sure if someone hits me I'll be raking them over the coals in civil court.

Oh yeah, I don't believe intent is required for aggravated menacing:

(A) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family.


It's the knowingly part I suspect.

Thanks again.