What Are Prosecutors Doing About Road Rage Cases?
Road rage is generally described as when a vehicle driver overreacts or exaggerates a perceived act on the road by another driver and then makes an instant decision to express their anger in a violent, threatening manner.
This, of course, includes flipping off the driver while aggressively blowing their car horn, tailgating, shouting, verbal insults, threats, gestures, and driving in a swerving reckless manner.
Put simply, road rage is an extreme overreaction to intimidate another driver or to release frustration. In many cases, the driver will challenge the other driver to pull over and fight.
In California, road incidents can result in severe criminal charges and a DMV driver's license suspension. The type of crime one could face will depend on the specific circumstances of the case, but the consequences are always serious.
Some of the most common California statutes used by prosecutors for road rage incidents include PC 240 simple assault, PC 242 battery, PC 422 criminal threats, and VC 23103 aggressive or reckless driving, among others.
Further, California Vehicle Code 13210 VC authorizes the DMV to suspend a driver's license for engaging in road rage behaviors. The suspension will be for 6 months for a first offense and one year for a second or subsequent offense.
Our Los Angeles criminal defense lawyers will closely review the laws below for more information.
Potential Charges in Road Rage Incidents
As noted, various legal actions can be taken against someone who was the aggressor in a road rage incident, depending on the details of what happened. These include:
- Vehicle Code 13210 VC – driver's license suspension,
- Vehicle Code 23103 VC – reckless driving,
- Vehicle Code 23152 VC – driving under the influence,
- Penal Code 240 PC – simple assault,
- Penal Code 242 PC – battery,
- Penal Code 243(d) – aggravated battery,
- Penal Code 245(a)(1) – assault with a deadly weapon,
- Penal Code 417 PC – brandishing a weapon,
- Penal Code 12022.53 PC – gun enhancement law,
- Penal Code 664/187 – attempted murder,
- Penal Code 187 PC – murder.
So that you know, California Vehicle Code 13210 VC enables the DMV to suspend someone's driver's license for a road rage incident.
The suspension will be six months for the first offense and up to a year for further crimes. The license can be suspended by finding that a driver lacks the skills to drive or declaring them a negligent operator.
VC 23103 reckless driving law makes it a crime to drive a vehicle in a willful or wanton disregard for the safety of other people or property.
This includes excessive speeding, following too closely, swerving, or other aggressive driving that puts others at risk. If convicted, you face up to three months in jail and a fine of up to $1,000.
The penalties are more severe if someone sustains a significant bodily injury (GBI) due to reckless driving.
PC 240 assault charges can be filed if the aggressive driver threatens or attempts to apply force against the other car driver and they had a reasonable belief the aggressor could do so.
Under this statute, assault is always a misdemeanor, punishable by up to six months in county jail and a fine of up to $1,000.
PC 242 battery charges can be filed in a road rage incident if someone strikes or uses some physical force against the other driver.
If convicted, the penalties include up to six months in a county jail and a fine of up to $2,000. If the battery caused serious bodily injuries, a prosecutor could file charges under Penal Code 243(d) aggravated battery, which carries harsh penalties.
PC 245(a)(1) assault with a deadly weapon charges could be filed if a driver used their vehicle in a manner that is consistent with assaulting someone.
This statute is a “wobbler” that can be charged as either a misdemeanor or a felony, which carries up to four years in a California state prison.
If the driver pulled out a weapon and displayed it at the other driver, then they could be charged with brandishing a firearm under Penal Code 417 PC.
PC 187 murder charges can be filed against the aggressor in a road rage incident if a driver is killed.
This statute requires malice aforethought, which means the killer acted with a wanton disregard for human life, or their behavior involved a high degree of probability it would result in someone's death.
Gun Enhancements and a “Strike” under the Three Strikes Law
Los Angeles County is currently experiencing a surge in road rage incidents, with drivers resorting to car crashes, threats, and even gun violence. This alarming trend underscores the urgent need for legal representation in such cases.
Prosecutors are now in a position where they must act on this because if they don't, it will only continue and only get worse.
So, they're going to be looking to put somebody in prison who is involved in a road rage situation where a gun was used for sure. Readers should note:
- there are gun enhancements that they can use, such as Penal Code 12022.53 PC – California's “10-20-Life, use a gun and you're done” law.
- if you're charged with Penal Code 245(a)(1) assault with a deadly weapon attached to a road rage case, that's a “strike” under California's three strikes law. You're looking at prison.
- if the bullet hit somebody, that's a 25-year enhancement. You can also be charged with California Penal Code 664/187 attempted murder. The potential penalties for these actions are severe and should not be taken lightly.
So, those people who are using guns related to road rage situations need an attorney right away because they're looking at potentially spending the rest of their lives in prison. Not even the new DA's policies are going to help some people who are shooting weapons at other people. Immediate legal assistance is crucial in these cases.
What if Nobody Was Hurt in a Road Rage Incident?
If, on the other hand, nobody gets hurt in your case. You don't have a weapon, but you're being charged with some crime, like PC 245(a)(1) assault with a deadly weapon related to a road rage incident.
Now, you may have a chance to defend yourself because I've noticed, having handled these cases for almost three decades, hundreds of them, that a lot of times, there's another side of the story, for example:
- the other side is that the person that you're involved with was also doing things that they shouldn't have been doing;
- that particular person was, for example, driving crazy or recklessly, and it wasn't necessarily your complete fault for what happened.
So, we must examine the facts and circumstances surrounding the case and make the right moves to defend you properly.
Sometimes, that requires fighting the case, cross-examining the witnesses, and showing the other side of the story.
Mitigation Package
Other times, if they've got good evidence against you, I need to sit down with the head prosecutor and give them the mitigation package with character letters about you and your side of the story.
Many times, in these road rage situations, the police don't take your side of the story into account. They've only got a one-sided investigation that doesn't look at everything.
It's my job to point out the other side of the story. Sometimes, I can do that simply by reviewing the police report and the evidence they have and giving the defense's version of events. Sometimes, we have to send an investigator. It just depends on what makes sense, given the circumstances.
So, if you or a loved one is charged with a road rage incident in the state of California, whether it involved a gun, whether it involved the car being used as a weapon, or whether it just involved dangerous behavior, we can help you.
Sometimes, I see Vehicle Code 23152 DUI charges from these cases, and sometimes, I see assault with a deadly weapon because the car is allegedly being used as a weapon, and sometimes, I see people actually firing weapons. So, what you're facing depends on the facts and circumstances surrounding the case.
But I know that if you don't have a powerful attorney at your side, your advocate telling your story, you'll be in a much worse position than you would be if you handled it the right way. So, pick up the phone now. Make the call. Set up a meeting with Ron Hedding. I stand ready to help you.
