Category : Road Rage

Road Rage Can Result In A Felony

Driving on California freeways can be frustrating. There is traffic congestion during a number of hours of the day and evening. As a result, aggressive driving by drivers who are impatient and in some instances running late may turn into a road rage incidents creating personal injury accidents and even homicides. Studies show that urban young male drivers under the age of 39 years, who are educated, employed and unmarried are more likely to commit road rage. To avoid being a victim of road rage, authorities advise that you stay with the flow of traffic and always be courteous to other drivers when driving. Avoid confrontations. If someone is following you or threatening you, avoid driving home or pulling over. Go to the nearest police station or
call 9-1-1.

While there is no specific statute for road rage in California, you could be prosecuted under California Penal Code 245 for the crime of assault with a deadly weapon if you use a motor vehicle in an aggressive manner against another person operating a motor vehicle, bicycle or on a pedestrian on a highway. You can face fines up to $10,000 and up to four years in jail.  Under California Vehicle Code 13210, persons convicted of aggressive assault may also have their California driving privileges suspended for six months for a first offense and one year for a second or subsequent offense. In lieu of a suspension of your California driving privileges, you could be ordered by the court to attend a court-approved anger management or road rage course for a road rage conviction.

Case Example

A man driving a pickup truck reported an incident of road rage to San Diego police that a man driving a two door gold Mercedes fired what appeared to be a long-barreled gun at his truck on Thursday morning April 14, 2011, around 11:30 a.m. on Clairemont Drive near East Mission Bay Drive. The truck driver pursued the Mercedes onto the eastbound Interstate 8, but police advised him to stop following the car. The driver was able to obtain the license plate of the Mercedes. Police later returned to the scene of the incident with the driver where they found a yellow pellet that may have been fired from an Airsoft gun according to authorities. The authorities kept the pellet as evidence, and they are pursuing a search for the man who fired the pellet gun. They went to the driver of the Mercedes’ Point Loma address where the Mercedes was registered, but have not yet apprehended the driver. The San Diego police also noticed the California Highway Patrol about the incident in case it was related to two recent shootings on Route 163, but CHP Officer Art Athans does not believe the incidents were related.

If you are arrested for a felony assault with a deadly weapon or a misdemeanor assault involving use of a motor vehicle that results in road rage, you should contact a California criminal defense attorney immediately to defend you. The attorney may be able to get the charges reduced to reckless driving under Penal Code Section 23103, which carries a lesser fine of up to $1,000 and a jail sentence of 90 days, misdemeanor assault which carries a jail sentence up to one year, or speeding or tailgating. The attorney may also be able to get the case dismissed arguing self-
defense or accident.

Man Accused of Road Rage Claims Innocence

A Denver man is currently fighting to stay out of jail after supposedly being falsely accused of road rage.

The man has been charged with hitting another driver during a road rage incident that took place in Colorado.

Accident Leads to Rage

Eddie Calhoun, 44, is an employee for the city of Denver and says he was plowing the streets last January when the incident happened.

He claims that the only connection he has to the accident is that the abandoned truck being driven by the suspect was left behind his mother’s house.

When his nephew told Calhoun that officers were looking for him, he willingly went to City Hall, where he was arrested.

Victim Pleads with Officers

Calhoun was arrested for assault and reckless endangerment and he was reportedly forced to post $25,000 bail.

“I have been falsely arrested and wrongly accused,” says Calhoun.

The woman in the victim’s car has even reported to police that Calhoun is not the man who launched the attack.

“It is a case of false arrest and sloppy police work,” says Calhoun’s attorney, Alvertis Simmons.

(Source: My Fox Colorado)

Have you or someone you know been falsely arrested? If so, please contact us today to speak with an experienced attorney who will evaluate your case and ensure that you receive the legal help and support you need and deserve.