Pierce Kempton, 22, won’t need to pay a $130 fine for passing a cyclist too closely on Park Avenue.
That’s because the Park City’s Attorney’s Office asked a judge to dismiss the case Oct. 11 after reviewing dashboard camera footage from Kempton’s car.
The cyclist, Gary Peacock, paid a $160 disorderly conduct fine. The 73-year-old has said Kempton didn’t give him the required 3 feet while passing him at the narrowest part of Park Avenue.
Kempton told KPCW Peacock signed as the witness on his ticket. His dashcam shows he did steer left before passing, but the angle doesn’t show the exact distance between the two men.
Park City Municipal spokesperson Clayton Scrivner said in a statement Kempton sent the city his video four days after the initial incident, which was Sept. 28.
“The content of this video informed the prosecutor’s decision to file a motion for dismissal,” Scrivner said.
Kempton posted a separate video of their altercation to social media, where it went viral, more than a week after it happened.
The video shows Peacock opening Kempton’s car door, which he said was to prevent the driver from leaving the scene. Peacock then called Park City police who later told him he was not allowed to open the car door or detain Kempton.
In an interview with KPCW, the cyclist expressed regret for his actions.
Peacock explained that his outburst stemmed in part from other close calls he’s had with vehicles. He’d never confronted someone over their driving before.
@pezkempton #fyp #viral #fypシ #oldman #karen #roadbike #roadrage #dashcam #fight ♬ original sound - Ak40pezin
Utah law prohibits vehicles from endangering “vulnerable” road users, including everything from tractors to bicycles to golf carts. Vehicles must give them a 3-foot berth and may not douse them in additional exhaust, commonly called rolling coal.
