When Does Road Rage Become a Crime?
Driving can be one of the most stressful situations to encounter on a regular basis. With the ever-changing road structure and inherent inconsistency of other drivers, it is easy to feel frustrated while behind the wheel. These feelings are considered road rage. Road rage incidents can result in serious criminal penalties, and in Florida with “stand your ground,” it can result in death.
What is Road Rage?
Road rage is defined as anger caused by the stress and frustration involved in driving a motor vehicle in difficult conditions. Road rage can take many forms and is not a crime. However, the actions associated with road rage can be. Many times feelings of aggression associated with driving manifest into physical altercations. At that point, “road rage” becomes a crime.
What are the Consequences of Road Rage?
When you are behind the wheel of a motor vehicle, you have to understand that the law sees you as being in control of a potentially deadly weapon. Any act of aggression, which would be at worst a misdemeanor if you did it standing on a street corner, can become a serious felony. For example, intentionally touching someone without their consent is a misdemeanor battery. Intentionally touching someone with your car becomes aggravated battery with a deadly weapon. Aggravated battery is a felony punishable by up to 15 years in state prison. Just swerving at someone in another vehicle can be aggravated assault, a felony punishable by up to 5 years in state prison.
Getting out of your car to confront someone or using your car to scare or hit someone (even if they are in their car) can also have deadly consequences. Since 2005, there is no longer a duty to retreat in Florida, and a person is entitled to use deadly force if the person “reasonably believes” that the use of deadly force is necessary to prevent “great bodily harm” or “prevent the imminent commission of a forcible felony.” A forcible felony includes aggravated assault. There are several examples of people confronting another driver and being killed. In many of these cases charges were never filed due to self-defense claims permitted by the “stand your ground” law. This includes a fatal shooting near Vero Beach of an unarmed driver because of a road rage incident in which the shooter thought the other driver was reaching for “something.” In that case no charges were filed despite the fact that the shooter fired 16 times and the victim had no weapon.
What to Do if You Believe Someone Has Road Rage or You Feel Aggravated by Someone’s Driving
The answer is plain and simple, no argument over driving is worth your life. If you believe someone is acting in a way that exhibits road rage, do not pull over or go home. You should continue driving until you reach a public area, or until the other driver has passed you. If you see someone who is driving erratically or dangerously and it is frustrating you, do not confront them. Get a description of the vehicle, including the tag information, and call 911. If you both have stopped because there has been an accident, it is wise to stay in your vehicle and wait for the police to arrive.
In the incident of road rage, whether you are the victim of someone else’s road rage, or you have been charged with road aggression, an experienced criminal defense attorney can help. If you have any questions on road rage, or need help with any criminal charges, the Gainesville attorneys at Avera & Smith are here for you. Give us a call at 352-372-9999.