Maintaining Your Innocence

« Back to Home

Frustrated With Another Driver? Don't Let Road Rage Lead To A Criminal Charge

Posted on

Road rage is making the news again due to new research into the phenomenon that shows where and when most attacks are likely to happen. It probably doesn't surprise most drivers that the most likely time for an incident of road rage is at the end of the day between 4PM-6PM (especially on Fridays) when tried workers are trying to make an often frustrating commute home. While most incidents probably never go past some angry gestures and a few rants on social media, others escalate into criminal acts. If you're tempted to lose your cool on the road in response to someone else's poor driving, keep the following in mind.

1.) You can be arrested for disturbing the peace.

Probably the least problematic charge you could face would be disturbing the peace (sometimes called "breaching the peace"). This is akin to a disorderly conduct charge. Fighting, swearing, cursing, or intimidating someone with your gestures could all result in charges if it can reasonably be expected to disturb or upset other people. Your location might also have a lot to do with whether or not you end up charged—what's acceptable on the somewhat tougher streets of New York City, for example, might not fly in the more refined area of Greenwich, Connecticut. That's something financial services executive John Slattery probably didn't consider when he verbally confronted a woman he believed had cut him off on the highway a few days earlier just to demand an apology.

2.) You could be charged with stalking.

The financial services executive was probably lucky that he wasn't charged with the more serious crime of stalking, which is often a felony that carries a prison sentence. In 2014, an individual from Maine was arrested for stalking after losing his cool in a road rage incident. Another driver apparently cut him off in traffic and then beeped her horn at him when he returned the offense. He was so angry that he followed her to her home and drove past it repeatedly to stare at her. In Maine, stalking carries a maximum penalty of a year in jail and a $2,000 fine. While the penalties vary from state to state, you don't want to risk that sort of charge in response to somebody's careless driving.

3.) You could be charged with robbery.

A Georgia driver found out the hard way that his righteous indignation at another driver's erratic driving—which he believed was the result of texting while driving—didn't give him the right to enact his own brand of justice. He forced the other driver to a stop, reached into the vehicle, grabbed the offending cell phone, and threw it into oncoming traffic. As a result, he found himself charged with reckless driving and robbery. While reckless driving is generally a misdemeanor traffic ticket, unarmed robbery is generally a felony. It merely requires the intentional taking of another person's property from them by violence, intimidation, or the threat of force.

4.) The incident could escalate into physical violence.

The worst possibility is that a momentary act of frustration could lead to a violent altercation. Studies show that at least 1,500 people a year are injured or killed in road rage incidents that lead to physical assaults with everything from their bare hands to the cars they're driving. If your response to another driver's foolishness ends up injuring someone, you could be charged with anything from assault with a deadly weapon to murder. In addition to facing serious criminal charges, you would also likely face a civil lawsuit as well. That would make you financially responsible for the other driver's property damage, injuries, or wrongful death.

If you do have a momentary lapse of caution after a run-in with a bad driver and end up arrested, contact a personal injury lawyer right away to discuss your case. 


Share