What to do if Road Rage Involves Law Enforcement Officers
Driving is something most adults encounter on a daily basis, whether as the driver or a passenger in a vehicle. This mundane task of getting from one place to another can become second nature to many. But even with something so routine, it is easy to be annoyed by the actions of others on the road, sometimes to an extreme. Many are not sure whether road rage is a crime, or how their actions can lead to serious criminal charges or even fatal consequences. Moreover, what happens when road rage involves a law enforcement officer?
Is Road Rage a Crime When It Involves Law Enforcement?
In short, no. Defined as the anger or frustration involved with operating a motor vehicle in difficult conditions, road rage itself is not a crime. However, actions that may stem from that emotion, such as assault or battery, are considered a crime. This status does not change with the involvement of a law enforcement officer (LEO) in a road rage incident.
LEO as a Witness of Road Rage
You may be surprised to learn the number of unmarked law enforcement vehicles on the road. When you are cut off, or are otherwise annoyed by another driver, be aware of what can happen when you respond with road rage, as you never know if a LEO is going to witness this reaction. When road rage specifically involves law enforcement officers as a witness, it does not change the serious potential consequences the offender may face. In this case, having a LEO as a witness is reminiscent of being scolded as a child by your parents when they told you, “I see you, and I know what you’re doing!” While having a law enforcement officer as a witness to your actions will not change the consequences, it usually guarantees punishment since it is the civic duty of officers to uphold the law in such cases.
What Happens If Road Rage is Directed at a LEO?
When you respond by using your own vehicle to demonstrate your anger and frustration toward an on-duty law enforcement officer, even if you don’t know they are an officer, the response will likely be immediate and severe. In fact, these actions can be interpreted and charged as battery on a LEO.
Consequences can range from – at best – a warning or civil citation to an arrest for reckless driving or aggravated assault with a deadly weapon, the weapon being the vehicle itself.
Road Rage, LEOs and Florida’s Stand Your Ground Law
If a law enforcement officer is off-duty, or in plain clothing, and is the victim of, or witness to, road rage, they need to be very cognizant of Florida’s Stand Your Ground Law. Approaching a vehicle in plain clothes while armed, if the driver doesn’t know the person is a LEO, could put the driver in fear that death, great bodily harm or commission of a forcible felony is imminent. Under Florida law, if that belief is reasonable, the driver can use deadly force. In simple terms, if a driver believes that he or she is about to be attacked and could be killed or severely injured, they can shoot at the person attacking them. A law enforcement officer in plain clothes needs to keep this in mind when dealing with any road rage incident. If a judge finds that the fear was reasonable, then the driver is immune from being prosecuted or sued.
Contacting an Attorney for Road Rage Cases Involving LEOs
The combination of high emotions, confusion and a law that doesn’t require that you attempt to retreat in some situations before using deadly force can make an already potentially dangerous act of road rage even more so for both citizen and law enforcement officer alike. If you are involved in a road rage incident, either as the victim or the aggressor, an experienced attorney can help. If you have any questions about road rage involving a law enforcement officer, or need help navigating a case, the Gainesville attorneys at Avera & Smith are here for you. Schedule a free consultation or give us a call at 352-372-9999.