OT: Need advice about rediculous court case

[Boone.Msi]

I recieved a letter yesterday(Nov.28th) that i have to appear in court on friday(dec.1st) on accounts of "road rage" and "Disorderly Conduct"

heres the ******** reason why(long)

last Saturday night im heading home on a busy two lane divided hwy. i end up getting behind two cars side by side going 40 in a 55, after a couple minutes of this nonsense i flash the guy in front of me in the left lane expecting him to speed up or get over. im not riding his ass or driving like an idiot im just about a car lenght back. he dosent change the way he's driving so i flash him again, this time he slams on his brakes so hard that the guy behind me had to go off the road (thank god for our excellent brakes!) im pissed but i know this guy is an idiot so i get behind the other car (going 43 now) in the right lane. The guy that slammed on his brakes knows i want to get past him so instead of getting out of the way he stays side by side of the car in front of me for more than 5 miles going 43mph...

once i finally get enough room to pass this asshat(the guy that slammed on his brakes) i roll my window down put my arm outside the window and give him the middle finger as i pass him (the douche is trying to race me now in his pontiac vibe lawls!)

this should have been the end of my story but after all this the guy gets behind me and tails me to the next light. the roads are open now so i change lanes to get him off my ass, he follows me to each lane after i change 3 times. that was enough to push me over the edge, so i get out of my car, walk up to his window and shout "**** off you piece of ****, you dont know who your ****ing with, back off!" im 5'10 230lbs and an ex 5AAAAA state finals football player, so this guy just cowered in his seat. he continues to try to follow me so i lose him.

15 minutes after i get home the cops show up telling me that he called me in on aggressive driving... they dont arrest me but try to intimidate me with the usual spill about going to jail and that the guy may send this to court. so here i am a week later with no lawyer and a court date on friday. help me out guys, wtf are these ******** charges of "road rage" and "Disorderly Conduct"? any insight or advice on my situation?

[Dave M]

Me thinks that as soon as you stop and leave your car to confront him, you're at fault. The details of what was done to provoke and what was said through the window are somewhat insignificant (unless you lie). As you could have ignored the entire thing, starting with the lack of speed, you'll definately be tagged as the instigator. Why folks choose to aggrivate is beyond me, but it never ends up 'good' when you take it personal.

As much as he may have a lack of vertabrae and just wants to get under your skin, you will be under attack if you present this story. You may want to present a more sympathetic side. Maybe tell the judge you were scared of his driving or just asked for directions ;) and hope he doesn't have a witness. Or, present the truth, hope the judge has spent some time behind someone like this on the highway and hope you just get a slap on the wrist.

Hard to say what will happen, maybe someone else has been in this situation,

Dave M

[Jehu]

I see no reason why he isn't perfectly at liberty to exit his own vehicle and walk to the other car.As long as he didn't touch the other guy he can say he was concerned that the person might be intoxicated and was considering making a citizen's arrest because the other guy was driving erratically. The verbal tirade is hearsay and inadmissible, he can adamantly deny ever saying anything of a threatening nature with no other witnesses.Or he could claim the other party was driving erratically and made threatening gestures and he was trying to diffuse the situation.If he has a clean driving record all they'll have to go on is this fruitcakes accusations.I see no way a court can find against him on such unsubstantiated hearsay. It may be a formality like calling 911 and hanging up in some places the cops have to go check it out.

[zman-95-540i]

So he should lie under oath? Isn't that opening up a whole new can of worms?

[Dave M]

He is at liberty to exit his vehicle if the story is manipulated to appear as though he wasn't angry and wanting to kick some a$$. As I said, he has the option to bend the truth, but if the story is presented as is, the complainant may have a point.

You're right though, he didn't touch him, which is a 'bonus'. Not sure what yelling at someobne is worth? I've never been charged with it.

[mikell]

This is the kind of ******* that will try to bully the prosecutor into pursuing the matter if you do not demonstrate the willingness and ability to respond. There is no downside for him. I don't know what the laws or penalties are in your state, but you do not want to blow this off.

Yes, it's a swearing match between you and him, but it's all in the presentation. You do not dare to represent yourself, because you are too emotionally involved - and, you made a direct threat to the guy - or at least that's what he'll say.

It's going to cost you money. Best of luck to you.

[ryan roopnarine]

IANAL

IMHO, the second you got to the other guy's car, you needed a lawyer. people are *******s, certainly. but you aren't a freelance policeman, there was nothing you could do to remedy the other guy's assaholia (reckless driving or otherwise), you weren't in a position to write him a citation, call for a dui testing van, anything to that effect. i'm certainly not trying to belittle your situation by making an aside, but people in tejas (and here in florida) stand on good legal ground to pull a gun on the approachee in that situation. if the trial was scheduled for only 1 or 2 weeks from the issuance of a subpoena, a lawyer versed in this kind of thing should be able to do something for you one one or two days notice if you do something right away. i get the sneaking suspicion that, if they only have a "civillian's" testimony, they are only trying for civil penalties, and they might not have anything (really) to charge you with, but i'm not your lawyer. is it at a criminal court, or a civil one, or an administrative one? at any rate, you need to see a lawyer today.

[632 Regal]

Your Honor,

Last Saturday night I was heading home on a busy two lane divided hwy. I ended up getting behind two cars. side by side going 35~40 in a 55. After a few minutes of this I flashed lights at the guy in front of me in the left lane expecting him to speed up or get over. He was busy talking on what looked like a cell phone and was oblivious that anyone other than himself was on this road. He was impeding traffic, there was not anyone in front of either car and the traffic behind me was piled up.

I was not not riding his bumper or driving like an idiot. I was about 2 car lenghths behind him. He didn't change the way he was driving so I flashed him again, this time he slammed on his brakes so hard that the cars behind me had to go off the road.

I then changed lanes to the right lane, behind the other car (going 43 now) in the right lane. The guy that slammed on his brakes knows I want to get past him so instead of getting out of the way he stays side by side of the car in front of me for more than 5 miles going 43mph.

This should have been the end of my story but after all this the guy gets behind me and tails me to the next light. The roads are open now so I changed lanes to get him off my bumper, he followed me to each lane even after I change 3 times. He eventually turned and this was the end of it.

15 minutes after I get home the cops show up telling me that he called me in on aggressive driving.

[Jehu]

If there are no other wittinesses who is to either contradict anything he chooses to say or to substantiate the claims of this busybody who filed a report?I was assuming there were no witnesses and just made the suggestions to show he has as much right to claim whatever he wants as his version of events and if nobody can contradict him he may as well claim innocence as say what he has to us which clearly inculpates him.If you think for him to have a clear conscience he should go and repeat his story above maybe that's best and he can accept the fines ,penalties ,maybe loss of license or even jail time... all for some malignant halfwit.

[mikell]

The verbal tirade is hearsay and inadmissible, ...I see no way a court can find against him on such unsubstantiated hearsay. It may be a formality like calling 911 and hanging up in some places the cops have to go check it out.

If a party to the proceeding (the defendant or the complainant) said something, it's admissible evidence - called an admission against interest of an adverse party -

In some states there's an offense called "assault by threat" or "terroristic threat". The penalty's not as severe as an actual battery, but it can be more than a fine.

Stay cool out there, O My Brothers and Sisiters.

[Jehu]

What if he doesn't have a cellphone? Admitting to flashing your highbeams might be seen as confrontational or provocative by some extremely nasty people and lets face it. Aren't most legalistic people nasty?

[Boone.Msi]

He is at liberty to exit his vehicle if the story is manipulated to appear as though he wasn't angry and wanting to kick some a$$. As I said, he has the option to bend the truth, but if the story is presented as is, the complainant may have a point.

You're right though, he didn't touch him, which is a 'bonus'. Not sure what yelling at someobne is worth? I've never been charged with it.

exactly, i know i shouldnt have gotten out of my car, i should have just let the fool try to chase me, but unless he has a recording of what i said isnt this case just a matter of one persons words against another? he threatiningly followed me too close and he could have been a drunkard/drug user.

i think this case is gonna come down to "why didn't you call the cops? he did" and that will make me the one at fault for trying to resolve the situation myself instead of letting authority handle it.

anyone know what kind of fines are at hand? im 20 (1 month away from 21:( ) so im concerned about getting my license taken away. i do have 1 ticket in my history

[632 Regal]

bend the truth like my letter? It's all heresay and the way presented should work, only he will need to figure the answer how, on such a busy road he changed to the right lane.

He is at liberty to exit his vehicle if the story is manipulated to appear as though he wasn't angry and wanting to kick some a$$. As I said, he has the option to bend the truth, but if the story is presented as is, the complainant may have a point.

You're right though, he didn't touch him, which is a 'bonus'. Not sure what yelling at someobne is worth? I've never been charged with it.

[Jehu]

If a party to the proceeding (the defendant or the complainant) said something, it's admissible evidence - called an admission against interest of an adverse party -

In some states there's an offense called "assault by threat" or "terroristic threat". The penalty's not as severe as an actual battery, but it can be more than a fine.

Stay cool out there, O My Brothers and Sisiters.

Don't you need at least two wittinesses to substantiate such a claim? So if some strange woman i've never seen before in my life accuses me of rape because she is insane and wants to ruin someone's life that is enough to insight me? I would think that the respondant's version of events muct be given no less weight.Am i mistaken? That would seem fundementally unjust on its face..

[ryan roopnarine]

last i'll type here. if they had enough to issue you a subpoena on what is basically heresay, DON'T perjure yourself. the prosecutor may be boss hawg, but he has a great deal more experience at getting someone to f' up under questioning if they are lying than you likely do at remembering a story that keeps you in the right. if you don't know what type of court this is being pursued in, no one here can help you, really. get a lawyer.

[Boone.Msi]

What if he doesn't have a cellphone? Admitting to flashing your highbeams might be seen as confrontational or provocative by some extremely nasty people and lets face it. Aren't most legalistic people nasty?

he did have a cellphone, the cops told me that he had called me in while he was following me, under a threat of being arrested i did admit honestly that i stepped outside of my car and told him to back off and stop following me.

If i were to bend the truth... my girlfriend works at the same job i do and i can say that she was in the passenger seat the whole time...

i can even have the owner of my job testify that she rode with me to and from the job (we are close friends:D )

I planned on getting a lawyer but i doubt i will have enough time, i am about to visit the court and ask to have the court date moved. I have a valid excuse since my college finals are this thursday and friday.

how does this sound, i like your edit Regal but i think im gonna have to involve the confrontation.

[mikell]

Don't you need at least two wittinesses to substantiate such a claim? So if some strange woman i've never seen before in my life accuses me of rape because she is insane and wants to ruin someone's life that is enough to insight me? I would think that the respondant's version of events muct be given no less weight.Am i mistaken? That would seem fundementally unjust on its face..

Sad to say, it happens that people just lie their asses off in court, and people suffer. One witness vs. one witness equals a question of fact for a jury or a judge, who decides who is telling the truth. Happens all the time.

If one of the witnesses happens to be a police officer, guess who is going to be believed 99.999% of the time?

We should all remember these things when we go out in public - you never know who is going to turn out to be the next phantom *******.

The really unfair part about this is that our comrade will spend many dollars to defend himself from this accusation, even if he does walk the charge.

[markus]

you know i think the rest are right, getting out just kind of makes you the agressor and you could be charged with assault but he doesnt know that. Assault doesnt mean physical contact but itimidation is the same thing (atleast in PA).

Anyways I had a similar situation when I had my M3. I was driving down this road which only had a 25 mph speed limit and was following this chevy aveo of all cars doing about 20. After about 3 minutes the guy pulls over and gets out of the car and starts screaming at me. Next he starts running towards the car with his fists clenched and my mind sorta froze up. I quickly slammed it into reverse which sort of made him lose steam. He ran again but then just stopped when I pointed the car right at him. If things got hairy I had my M4 carbine in the back because I just got done at the shooting range.

Needless to say I just turned around and went a different way home. The guy looked like he was mentally challenged and i guess you must be to buy a chevy aveo. Anyways thats my story. The weird thing about the M3 was never before had i have so many people pull over to let me go. Myabe because it was lowered it gave the impression to the person in front of me I was right on the bumper?

[Boone.Msi]

BTW it says its at "The Magistrate court of coweta county" i believe they typically just deal with traffic violations, unfortunatley ive been there before...

[ryan roopnarine]

what state are you in?

[632 Regal]

have the date delayed while you find an attorney that is really good at DUI's, they know all the right strings to pull.

If you didnt admit to the police that you got out of the car you would have been okay but now mentioning it you need a pro...

good luck with it!

[zman-95-540i]

Dude, seriously don't start lying in court. And definitely don't ask others to lie for you in court. You will eventually stumble and then you're in some serious trouble.

[Jehu]

Sad to say, it happens that people just lie their asses off in court, and people suffer. One witness vs. one witness equals a question of fact for a jury or a judge, who decides who is telling the truth. Happens all the time.

If one of the witnesses happens to be a police officer, guess who is going to be believed 99.999% of the time?

We should all remember these things when we go out in public - you never know who is going to turn out to be the next phantom *******.

The really unfair part about this is that our comrade will spend many dollars to defend himself from this accusation, even if he does walk the charge.

I guess maybe my being in the 00.001% gives me hope. I had been ticketed for running a stop sign and fought it in front of a clerk magistrate and a police prosecutor.I think the thing which won it for me then was when the officer read the report and this wasn't the citing officer, i immediately spoke up ,interrupting his reading when he described the position of the citing cops cruiser and it was not as it had been and i simply said he had been parked with an obstructed view which was true.I contradicted the sworn testimony of the officer of the law and maybe because i was speaking truthfully the clerk was unable to accept the report and dismissed the charge.

[Fetch]

he did have a cellphone, the cops told me that he had called me in while he was following me, under a threat of being arrested i did admit honestly that i stepped outside of my car and told him to back off and stop following me.

If i were to bend the truth... my girlfriend works at the same job i do and i can say that she was in the passenger seat the whole time...

i can even have the owner of my job testify that she rode with me to and from the job (we are close friends:D )

I planned on getting a lawyer but i doubt i will have enough time, i am about to visit the court and ask to have the court date moved. I have a valid excuse since my college finals are this thursday and friday.

how does this sound, i like your edit Regal but i think im gonna have to involve the confrontation.



Luckily you just put your possible intention to lie under oath online. :/

Your best bet is a lawyer & to take the sympathetic side like Dave M said. Regal's edit is good as well.

[ryan roopnarine]

if you are going to ask for an extension, or even if your court date is friday, ask an administrator to please consider nuking the thread, as you are the first author.

[Fetch]

if you are going to ask for an extension, or even if your court date is friday, ask an administrator to please consider nuking the thread, as you are the first author.

Yeah dude, seriously.

my pontiac vibe is my 2nd car you *******, and I would have kept following you but I was low on gas :p :p :p

[Dave M]

if you are going to ask for an extension, or even if your court date is friday, ask an administrator to please consider nuking the thread, as you are the first author.

Hey, you said you weren't gonna post again :D

[ryan roopnarine]

Hey, you said you weren't gonna post again :D

see, if i had ever met you in person, i'd be comfortable with making a bon mot like a "mom" joke. but i haven't, so i won't.:D

[Alexlind123]

Your Honor,

Last Saturday night I was heading home on a busy two lane divided hwy. I ended up getting behind two cars. side by side going 35~40 in a 55. After a few minutes of this I flashed lights at the guy in front of me in the left lane expecting him to speed up or get over. He was busy talking on what looked like a cell phone and was oblivious that anyone other than himself was on this road. He was impeding traffic, there was not anyone in front of either car and the traffic behind me was piled up.

I was not not riding his bumper or driving like an idiot. I was about 2 car lenghths behind him. He didn't change the way he was driving so I flashed him again, this time he slammed on his brakes so hard that the cars behind me had to go off the road.

I then changed lanes to the right lane, behind the other car (going 43 now) in the right lane. The guy that slammed on his brakes knows I want to get past him so instead of getting out of the way he stays side by side of the car in front of me for more than 5 miles going 43mph.

This should have been the end of my story but after all this the guy gets behind me and tails me to the next light. The roads are open now so I changed lanes to get him off my bumper, he followed me to each lane even after I change 3 times. He eventually turned and this was the end of it.

15 minutes after I get home the cops show up telling me that he called me in on aggressive driving.

I agree with this version, except that you should not leave out the part where you got out of your car to yell at him. Are you sure you said what you said you said to him? I would have thought it more likely that you say something like "Why are you following me?"

[Fetch]

uhhh guys.....
if he says that version, what is he going to say when the ****-dicked petitioner mentions his mention of his ak47 division highschool athletic classification? did the petitioner get that bit of information off the intertubes? is boone's face going to be able to conceal the culpability when the prosecutor asks him if he was a bg44k classification athlete, and he attempts to lie about it in an attempt to stick to that story?

couldn't help but lol at ak47 and bg44k

[632 Regal]

omitting information is not the same thing as a blatent lie. :D

one mans word against the others... except the confrontation part

[ryan roopnarine]

couldn't help but lol at ak47 and bg44k

i didn't read the first post hard enough. i didn't realise thathe didn't mention that. my point still stands, somewhat. people always react in an adverse way when they hear someting they said in a moment of passion repeated verbatim by someone else. usually because they've forgotten spurrious words involved or such, as well as their tone/timber/intonation &c &c. it'll catch you off guard if you don't remember every word involved, and lying to protect your story will take a tremendous effort to pull off.

[Boone.Msi]

i asked for an extension due to my finals being due at the end of the week. I thought it was gonna be more like a yes or no answer but instead i had to write a letter to the judge asking for it to me moved. they then said to call back tomorrow afternoon to see if it the judge decided to move it or not...:(

So, if i do not have a lawyer i can get an extension in order ot recieve one? if so should i just include that when i call tomorrow since there will be no reason to have court?

i believe your right since i was a witness once on a hit-and-run but i want to clarify this. Im currenty on the search for a lawyer right now.

il be back in an hour

thank you everyone for your input.





also i do not plan on lying, more like taking regal's direction in this and changing it ever so slightly. this is just a war upon words anyways, so i bettter make sure i have the right ones.

[Russell]

and review the facts before making any decsion on what to do. Second of all, you seem to have acted like an aggressive mad 20 year old kid. Because of your actions/reactions, you may be guilty depending on the road rage laws in your community. May not matter who started it.

It takes a a while for young drivers to learn the highway is not the place to show agression even when wronged. Learn from this and just do not react next time.

[Boone.Msi]

I live in Newnan, Georgia

[Zeuk in Oz]

Get a lawyer and run it past him or her. Even if you appear for yourself, get their advice on how to present your case.

Don't lie to the court !

Don't get someone else to lie to the court for you !

As far as I can see, your case will be dependent on your intention - why you acted as you did. This is where you have to convince the court that what you did was reasonable, given your state of mind.

You also want to depict the other driver as the aggressive one.

Get a lawyer - they do this stuff for a living ! :)

[BMWCCA1]

Certainly you want to emphasize that you asked him why he was following you. The following is, in my mind, the more serious aggressive act. All else considered, you were just trying to get away from the guys. In my state it's supposedly against the law to be in the left lane unless you're passing. Unfortunately in recent legislation passed in our state, flashing headlights can by itself be considered aggressive driving. The burden of proof is on the accuser in this case and it would seem if you said nothing, he'd be hard pressed to prove anything. Plus he has to show up in court and identify you, which he may, in the end, decide is not in his best interest.
The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as follows: “when individuals
commit a combination of many traffic offenses as to endanger persons or property.” A more specific definition is the
operation of a motor vehicle involving “three or more moving violations as part of a single, continuous sequence of driving
acts which is likely to endanger any person or property.”

Driving acts are ones you would expect: running stop signs,
disobeying red lights, speeding, tailgating, weaving in and out of traffic, passing on the right, unsafe lane changes, going
around railroad gates, flashing lights and blowing horns, facial and hand gestures. Looks like you covered at least three of those! The fact that you were not in the car when you spoke to him should remove that discussion from consideration in the aggressive "driving" charge. If it comes up I'd object since you're not being charged with making a threat outside of your car, just aggressive driving. I don't know the definition of "disorderly conduct" in your state but he still has to prove it. Good luck.

[CharlesAFerg]

Get a lawyer and run it past him or her. Even if you appear for yourself, get their advice on how to present your case.

Don't lie to the court !

Don't get someone else to lie to the court for you !

As far as I can see, your case will be dependent on your intention - why you acted as you did. This is where you have to convince the court that what you did was reasonable, given your state of mind.

You also want to depict the other driver as the aggressive one.

Get a lawyer - they do this stuff for a living ! :)


Jesus is this still under debate?

GET A LAWER
and
DON'T LIE

God damn man...

[attack eagle]

He is at liberty to exit his vehicle if the story is manipulated to appear as though he wasn't angry and wanting to kick some a$$. As I said, he has the option to bend the truth, but if the story is presented as is, the complainant may have a point.

You're right though, he didn't touch him, which is a 'bonus'. Not sure what yelling at someobne is worth? I've never been charged with it.
Yelling at someone is road rage. Showing the finger is road rage. Getting out of the car to confront someone is road rage. Following to closely (1 car length is too close) is road rage.

Good luck, and I hope he didn't have a passenger or a witness. Since he is making the complaint personally (not cited at the time of said offense so it is a personal complaint) the burden of proof is on him to show up for court and present evidence. I hope they don;t have traffic cams.


What you can say is that you were wondering if there was something you could help him with, or if he was someone who was trying to find out about the local BMW club as he kept following you thru several lane changes.

[632 Regal]

I like this! He have a bimmer.info sticker?

or if he was someone who was trying to find out about the local BMW club as he kept following you thru several lane changes.

[632 Regal]

I think all he will see is a magnistrate, who will only listen to both sides, IF the other guy showes up. If he dont it's thrown out. If he does then your right, he has to prove his accusations against Boone. All Boone has to do is stand there, after the asshat says his piece hand the letter to the Mag and let him read. Then watch the show, you pays for the ticket, might as well go to the show.


Certainly you want to emphasize that you asked him why he was following you. The following is, in my mind, the more serious aggressive act. All else considered, you were just trying to get away from the guys. In my state it's supposedly against the law to be in the left lane unless you're passing. Unfortunately in recent legislation passed in our state, flashing headlights can by itself be considered aggressive driving. The burden of proof is on the accuser in this case and it would seem if you said nothing, he'd be hard pressed to prove anything. Plus he has to show up in court and identify you, which he may, in the end, decide is not in his best interest. Looks like you covered at least three of those! The fact that you were not in the car when you spoke to him should remove that discussion from consideration in the aggressive "driving" charge. If it comes up I'd object since you're not being charged with making a threat outside of your car, just aggressive driving. I don't know the definition of "disorderly conduct" in your state but he still has to prove it. Good luck.

[pundit]

... im not riding his ass or driving like an idiot im just about a car lenght back...
Er... in our country being one car length behind the vehicle in front @ 40mph would constitute tailgating.

As we drive on the opposite side of the road here in Oz most of our dual carriageways have "Keep Left" signs.

The problem is the so called "Keep Left" rule is not really enforced... and intimidating another driver is regarded more seriously than hogging the overtaking lane.

However certain European countries are very tough on drivers who sit in the overtaking lane under the speed limits on their multi lane highways (autobahns, autostradas, motorways etc.) so as a result overtaking lane hogs are a rarer beast! ;)... and flashing the car in front not considered an act of aggression... just a warning to let them know you are travelling at a higher speed than them and as a result you have the right to travel in that lane and they must move out of it. That's the law!

In Germany, road rage @ 200kmh plus = dead!!

[Ross]

If indeed you were not the agressor then you have nothing to worry about.
The way you tell your story here does not convince me of it though.

[Boone.Msi]

some of you guys have read past a few of my post. let me clear it up a little

-im not gonna lie, but im not gonna say anything that will make me look worse. if i am asked i will word it out to the best of my advantage

-he was by himself, no passengers, no witnesses

-I was by myself, no passengers, no witnesses

-there is not one single camera where we stopped. i know this without a doubt, the cop even called me the next day telling me he had no evidence and there was no camera.


"The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as follows: “when individuals
commit a combination of many traffic offenses as to endanger persons or property.” A more specific definition is the
operation of a motor vehicle involving “three or more moving violations as part of a single, continuous sequence of driving
acts which is likely to endanger any person or property.”

Driving acts are ones you would expect: running stop signs,
disobeying red lights, speeding, tailgating, weaving in and out of traffic, passing on the right, unsafe lane changes, going
around railroad gates, flashing lights and blowing horns, facial and hand gestures."

lets see here, this is what i did out of this category
-flashing lights
-hand gesture
-weaving in and out of traffic


this is what he did
-tailgating
-unsafe lane changes
-weaving in and out of traffic

so basicly the same amount of offenses. I know that me getting out of my car will be brought up, actually im sure that is gonna be 90% of the case.

heres my spill

Your Honor,

Last Saturday night I was heading home on a busy two lane divided hwy. I ended up getting behind two cars. side by side going 35~40 in a 55. After a few minutes of this I tapped my brights at the guy in front of me in the left lane expecting him to realize his speed and tospeed up or get over. He was busy talking on a cell phone and was oblivious that anyone other than himself was on this road. He was impeding traffic, there was not anyone in front of either car and the traffic behind me was piled up.

I was not not riding his bumper. I was about 2 car lenghths behind him. He didn't change the way he was driving so I tapped my brights again, this time he slammed on his brakes so hard that the car behind me had to go off the road.

I then changed lanes to the right lane, using my blinker after there was enough room behind the other car (going 43 now) in the right lane. The guy that slammed on his brakes then stayed side by side of the car in front of me for more than 5 miles going 43mph.

after there was enough space i passed Mr. Christan going 50mph, as i passed him i rolled my window down so he could see me give him the middle finger. He then swerved behind me tailgating me, untill i aproached the third light. I then put my turn signal on as i changed lanes hoping he would stop tailgating me, i did this three times untill i stoped at the light where i would normally turn left to go home.

After the way he acted i thought this guy might be intoxicated and i did not want him to follow me home. So i got out of my car walked to the rear of my car and looked in the window to see if he was intoxicated, i then asked Why are you following me?! he then pointed angerly at the light so i shouted as i returned to my car: Dont follow me! Back off!

He then continued to follow me till he got stuck behind traffic, i turned down greison trail (road name) and went the back way home

becuase basicly that is exactly what happend. Im also gonna imput on how he was on the phone the whole time this happend.

thats my story

[Dave M]

[QUOTE=attack eagle]Yelling at someone is road rage. Showing the finger is road rage. Getting out of the car to confront someone is road rage. Following to closely (1 car length is too close) is road rage.

QUOTE]

Agreed, should have also emphasizd the word if when making my point.

He is at liberty to exit his vehicle if the story is manipulated to appear as though he wasn't angry and wanting to kick some a$$.

Thats a big bad IF.

[Dave M]

some of you guys have read past a few of my post. let me clear it up a little

-im not gonna lie, but im not gonna say anything that will make me look worse. if i am asked i will word it out to the best of my advantage

-he was by himself, no passengers, no witnesses

-I was by myself, no passengers, no witnesses

-there is not one single camera where we stopped. i know this without a doubt, the cop even called me the next day telling me he had no evidence and there was no camera.
lets see here, this is what i did out of this category
-flashing lights
-hand gesture
-weaving in and out of traffic

this is what he did
-tailgating
-unsafe lane changes
-weaving in and out of traffic

so basicly the same amount of offenses. I know that me getting out of my car will be brought up, actually im sure that is gonna be 90% of the case.



If we were to bet on such a thing as your fate, which we would never do here, I would go with.........

Slap on the wrist. Zero to minor monetary fine, zero to minor point loss. The fact that the cop made a point to state that he has no evidence, and there are no witnesses means its a war of words and demeanor. Appear in control, dress well, be respectful and stick to your story - as you've stated, no lying. You did some bad stuff, he did some bad stuff and the principle should dismiss you both to serve an afternoon of detention.

[Boone.Msi]

ok the one car lenght is my definition of roughly 12-15 ft. is this correct as far as a car length? because in Georgia people like to stay at an average of 5-6 ft. every moment of the day


"If we were to bet on such a thing as your fate, which we would never do here, I would go with.........

Slap on the wrist. Zero to minor monetary fine, zero to minor point loss. The fact that the cop made a point to state that he has no evidence, and there are no witnesses means its a war of words and demeanor. Appear in control, dress well, be respectful and stick to your story - as you've stated, no lying. You did some bad stuff, he did some bad stuff and the principle should dismiss you both to serve an afternoon of detention."

thats what i wanted to hear and thats what im hoping for. Im no raging bull in person im actually extremely polite. Its only inferior drivers that boil my blood. obviously i did some stupid stuff, and now ive learned;)

as someone said in another post, next time this happens im gonna pull over, smoke a cigar for about 5 minutes then i will get back on the road and continue the day with my beautiful car and my exceptoinal health

thanks guys!
__________________

[Dave M]

Yeah, 5-6' is half a car length, or, a full mini car length ;)

[632 Regal]

lose this part, pm me of you need to these parts.

as i passed him i rolled my window down so he could see me give him the middle finge

[KenB]

Drop the 2 car lengths and say "safe following distance" as you were able to avoid a rear end collision when he slammed on his brakes, the traffic behind you had to take evasive action to avoid hitting you. He AND the other car were impeding traffic and creating an unsafe situation.

One car length for every 10 mph is considered a safe distance, if you were not 4 car lengths behind at 40 mph, you could be considered tailgating. Do not lie but also do not hang yourself by giving too much or more info than needed to make your point. Omission is not lying. (technically speaking)

Try to emphasize you were concerened that he was ill or needed medical attention or may have been DUI when he folllowed you after passing him. You were concerned for your own safety and did not want him following you home and find out where you lived for obvious reasons.

The judge may look at this as an opportunity to teach both of you a lesson and fine each of you according to how much he felt each of you contributed to the escalation of the situation. Instead of letting you off, he may just charge both of you.

Get a lawyer.

[Alexlind123]

Do you have siblings or parents or a wife or kids at home? If so, besure to say that you didnt want this guy following you home because of the risk to them.

[mattyb]

evidence! evidence! evidence! courts of law are about in evidence. civil matters are decided on probobality not reasonable doubt. its your word against his. the best part of defense is offence. counter claim and report him to the cops for the same. smash an egg on your window allow to dry and photograph, set camera date to the event and say he did it when you went past. get a joint and say he flicked into your face when u spoke to him.

do a google search on his name and see if theres any dirt on him. best of luck and one car lenght behind is too close for that speed anyway, sorry had to chuck that in!!!!

[mattyb]

ken i agree with almost everything you said but ommision is the same as lying, m(technically) speaking.

[BillionPa]

Georgia House Bill 385

Aggressive Driving

a) The bill provides that operating a vehicle with intent to harass or intimidate another driver is a misdemeanor of a high and aggravated nature. (6 point driving violation)

the other driver, after you passed him, and as he did the braking maneuver was violating this law.

he was also in violation of the following sections of Georgia State Code:

http://www.legis.ga.gov/legis/GaCode/?title=40&chapter=6&section=390
http://www.legis.ga.gov/legis/GaCode/?title=40&chapter=6&section=42 subsection 2

http://www.legis.ga.gov/legis/GaCode/?title=40&chapter=6&section=40 subsections B and D

http://www.legis.ga.gov/legis/GaCode/?title=40&chapter=6&section=184

[rob101]

he was following you........ surely thats illegal, so report him. escalate the situation and see if the little POS wants to pay the price of admission.

[Robert K]

Why is it that the overwhelming majority of people in this world never take responsibility for their actions. No one seems to want to actually own up to what they say and do. It's like a disease anymore. I am amazed at the number of people telling you to lie, stretch the truth, or omit the truth. You yourself are already lining up a few friends to tell bold faced lies for you. What kind of a person asks his friends to lie for him? I can tell you this...I will not lie for my friends or my family. That's the respect and honor I have for myself. I want people to know that they can trust me. Once I start lieing, I'm just like everyone else in the world.

I once got pulled over for racing a Camaro at about midnight. At the top end, we were doing about 120 mph. As we were slowing down, at about 80 a sheriff's deputy went by the other way. I never noticed it, but the Camaro did. He turned off on a side road. I got pulled over. The deputy asked if I'd been racing the Camaro and I said I had. He asked how fast I'd been going and I told him fast enough that my speedometer wouldn't register it. He glanced at it and asked then if I'd been doing over 85 (the highest it registered). I answered yes. He then asked my my license and registration. While he was in his car calling it in, I knew I was sunk...speeding, reckless driving, racing, etc. I was about 21 at the time. When he came back, he looked at me and said he was just going in to work. He literally said, "I understand things like this happen. Slow it down and get yourself home." At that was it! No ticket, no warning, nothing. Now, I know this is an extreme case. But I'd like to think that having someone actually tell him the truth for a change made a difference.

The guy that blocked you and slammed on his brakes drove poorly and did something that I'm sure is illegal (slammed on his brakes). You did something you shouldn't have by threatening him (which in our terroristic age is most likely illegal). Both of you screwed up. Both of you deserve to be reprimanded for you actions. That is a fact. Be a man. Admit your responsibility in this. He may or may not. That depends on what type of a man he is. But the real question is, "What type of a man are you?" If you don't admit to your part of it, then you're just like every other person out there who ALWAYS blames someone else.

If I were you, I'd explain that you just wanted by and gave him a couple of quick flashes (which is the practice used in Europe by the way) to politely ask him to move over. Tell the judge that when he delayed doing it, you became frustrated and did something you shouldn't have and flipped him off as you went by. Tell him once you got by, you thought that would be the end of it. BUT...THE OTHER GUY KEPT IT UP!!! That is a fact! He could have just let you go, but he didn't. So he's responsible too. Unfortunately, you're also going to have to admit getting out of your car and shouting at him.

I've said it to many friends before. In the hard times in life, you either rise above the situation or it rises above you. So what's it going to be for you???

Grace and peace,

Robert K
1991 535i

[Russell]

Excellent advice!

[zman-95-540i]

+1. Wouldn't it be nice if people accepted the consequences when they are caught doing something wrong?

[Zeuk in Oz]

Well said, Robert - very eloquently.

It is amazing how often the punishment you receive when you tell the truth is often less than it should have been.

It just proves that often magistrates and judges aren't stupid.

[Boone.Msi]

well im back,
the court date was today at 9am. i got an extension due to me being a college student and that its finals this week and the next

I brought an essay from last week to prove that i still atend college while the clerk was making copies she read it, loved it and basicly told me shes going to push the date back as far as she can! Thank god im an excellent writer. haha jk.

I also picked up my police report today and its completely F'd. Id say its about 90% of misinformation and ********. So i doubt this case will go anywhere, heres some of the mistakes:

He said he refused to speed up. he thought(key word) that he was going the speed limit.

He said that i aproached rapidly from behind... I was behind him the whole time since the light was red.

He also said that he ended up next to me at that final light and not behind me

And to top it off, from the whole time he followed me he failed to give my complete tag number and model of the car (thought it was a 525i)

I should have denied every bit of this situation to the cops.

At the bottom of the police report it states that the cop said there was not enough evidence to acuse either of us as the agressor and that it is now our right and our decision to send this to court. My side of the story was somehow misenterpreted also since the cop failed to use half of my story. (only writing down that i flashed my lights and stepped out of my vehicle thank you mr. officer for using my information against me...)

Il keep everyone that cares updated

[mattyb]

let him take you to court, the plaintiff is always responsible for costs when losing or a non judgement is realised. plaintiff action is also recorded for future reporting processes(always accessed as freedom of information) so the next time he does this a defendant will be able to raise this fellows plaintiff history and use a part of a defense as a nuisance to the courts valueable time etc etc. Maybe just pointing this out to this person will be enough to halt the matter. Good luck
BTW -I agree with other comments about responsibilty but being noble, honest, modest and sincere sometimes will render you worse off for wear in such matters as this.

[gtopaul]

Down here in the South the last thing you want to do is exit your car and walk up to another after a confrontation like that. You'll more than likely be looking a 44 magnum down the barrel. People get killed like this down here all the time. It's not worth it when all you have to do is pull over and take a break for a few minutes BEFORE things get nasty.

Paul

[BillionPa]

just be sure to print out copies of the GA code sections that i posted, and review them in detail.

[ryan roopnarine]

the plaintiff is always responsible for costs when losing or a non judgement is realised..

not in the united states, it isn't (and i don't think it is the case in canada either) this is an administrative court (not criminal or civil) and they sure as hell wouldn't have a proviso for recovery of costs.

[spyrot1]

Maybe you should crash your car on his lawn... see what he does.

[Boone.Msi]

Maybe you should crash your car on his lawn... see what he does.
??

Sorry i dont get it?

[Macv]

Maybe you should crash your car on his lawn... see what he does.

Maybe he'll call the cops and post in some forum, then get the same "cant believe you called the cops" response.


??

Sorry i dont get it?

http://www.bimmer.info/forum/showthread.php?t=28244

[Paul in NZ]

i am completely with Robert.You tell the court exactly what happened,and realise that your ability to be sincere is now your only defence,because there is now"conflicting evidence".I would have flashed him too,but i would only have passed him if the opportunity presented.i wouldnt even have looked at him.He probably didnt even know why you flashed him let alone why you gave him the finger.Dont waste your energy on these idiots,just go with the flow,and enjoy the drive.

[rob101]

Yeah i think tell the truth, the fact that he almost caused a traffic accident because he is psychotic then started following you will probably give the judge something to think about. as will the fact that you didn't hit him or his car.
Almost make it look like it was self-defence, but be apologetic. The fact of the matter is the dude is a psycho who is just manipulating the legal system to his own ends. Can you make counter claims that he was following you and that he was driving aggressively. AFAIK its not illegal to tell someone to **** off if you think you are threatened. after all you told him to **** off and then you left. you didn't smack him or anything. just tell the truth and explain your actions may not have been the best, but at the time you felt threatened.

[///M-Power 3\\\]

Well, not sure about the Road Rage and Disorderly but here in NY the worst he could do is probably charge you with harrassment. Since the police did not witness your altercation it's his word against yours. Who knows, he might have some other reason to falsely accuse you, the court doesn't know the situation. I would plead not guilty and pretend it never happened. That **** shouldn't fly, there is no proof. **** him

[Boone.Msi]

Yeah i think tell the truth, the fact that he almost caused a traffic accident because he is psychotic then started following you will probably give the judge something to think about. as will the fact that you didn't hit him or his car.
Almost make it look like it was self-defence, but be apologetic. The fact of the matter is the dude is a psycho who is just manipulating the legal system to his own ends. Can you make counter claims that he was following you and that he was driving aggressively. AFAIK its not illegal to tell someone to **** off if you think you are threatened. after all you told him to **** off and then you left. you didn't smack him or anything. just tell the truth and explain your actions may not have been the best, but at the time you felt threatened.



Well, not sure about the Road Rage and Disorderly but here in NY the worst he could do is probably charge you with harrassment. Since the police did not witness your altercation it's his word against yours. Who knows, he might have some other reason to falsely accuse you, the court doesn't know the situation. I would plead not guilty and pretend it never happened. That **** shouldn't fly, there is no proof. **** him

Thanks guys, this is exactly how i feel and yes i am able to make a counter claim. The police report did not show either of us as the agressor due to no evidence so even though hes the one sending me to court this is my case just as much as his. The police report does not even make me look anymore agressive than he does.

[inkstom]

Believe it or not this happens to me a lot. I have come home to 4 cop cars waiting at my front door step waiting for me. I laugh every time. They cannot prosecute you for something that have not seen with their own eyes. If one cop clocks you at a certain speed, THAT COP, no other can pull you over and write you a ticket for the offence committed. As for cussing someone out, unless you threaten them, or touch them, there is nothing illegal about it. There was a court case from Austin, TX that went all the way to the Supreme Court that a woman told a cop to **** off and he wrote her a ticket for it. She never paid the fine cause she won.

They will always feed you a line of BS, and plain and simple you have committed no crime unless you admit to a crime. If there were no other witnesses, then there is no one other than this jackass to say otherwise.
End of discussion.

[inkstom]

OH! Look up "Impeding the flow of traffic"

[Boone.Msi]

Court is tomorrow at 9am.
I saw the f'ckr yesterday as i went through the intersection, i should have waved. I really doubt he plans on showing up, i know his car wasnt there last time. Anyways i have to work tonight from 7pm-4:30am so im looking forward to being at court at 9am. Well wish me luck

[Dave M]

Court is tomorrow at 9am.
I saw the f'ckr yesterday as i went through the intersection, i should have waved. I really doubt he plans on showing up, i know his car wasnt there last time. Anyways i have to work tonight from 7pm-4:30am so im looking forward to being at court at 9am. Well wish me luck

So, maybe 3.5 hours of sleep? Try not to sllluuuur your words :D

Good luck, I'm sticking to my prediction of a slap on the wrist.'

Dave M

[JD525IA]

I had some stupid bitch threaten to kill me if I shot her dog. I called the cops, and 90 minutes later when they showed up, they explained to me that since she said "if" it was just a deadly threat. Had she said "I am going to kill you", then it would be assault. The cop went to her house and told her not to make threats like that and to keep her dog on a leash or in her yard.

FYI - I told her I would shoot her pitbull if he got out and came after me again. Happened twice. The cop said to shoot it also - self defense.

I think you will get off since you were just telling him to back off. Road rage is more that just giving the finger and saying "piss off or I'll beat on you", it requires some kind of physical interaction.

Are you sure you didn't lay a finger on him? Or his car?

Too bad you can't find the other car behind you that went off the road. He would make a great witness. I know that people say that if you are the one who is driving the car in the back, you are responsible, but here in AZ if you slam your brakes on intentionally in order to get a tailgater off your butt, then you are the one who pays. It's just tough to prove - unless you have a witness.

Keep us posted.

[theonew]

If there is a two lane highway and two cars are travelling side by side, both going the speed limit, is the driver in the left hand lane not breaking any laws? I shudder to believe that's true. I learned that the left lane is a passing lane, if you are not passing the vehicle next to you then you should slow down and move over. Drivers dawdling in the left lane is a problem, in my opinion, that has reached epidemic proportions, and I would guess that it has a lot to do with cell phone use. Makes me want to move to Europe where, in my experience, drivers are very conscientious about keeping the passing lane open.

[mattyb]

best of luck matey

[dennyg]

He may be trying to set up a way to sue you personaly. If you had a lawyer and some time you could see if they guy is a slip and fall bitch. One thing that sucks in this country.....everyone sues for money even if it has no merit. The one thing you have in your favour is that the guy tried to provoke you by not moving over and slamming on the brakes. The thing that bothers me about road rage is we are all sensitized to our cars......they can be deadly weapons... I think we all would buy a bumber sticker that says:Left lane is for passing only..Merge your a.... over.

[rickm]

If there is a two lane highway and two cars are travelling side by side, both going the speed limit, is the driver in the left hand lane not breaking any laws? I shudder to believe that's true. I learned that the left lane is a passing lane, if you are not passing the vehicle next to you then you should slow down and move over. Drivers dawdling in the left lane is a problem, in my opinion, that has reached epidemic proportions, and I would guess that it has a lot to do with cell phone use. Makes me want to move to Europe where, in my experience, drivers are very conscientious about keeping the passing lane open.

I was driving to Raleigh from Asheville one night and 2 cars were side by side in a long stretch. I managed to get up behind the car in the left lane then flash my lights. They shot me the bird then looked back and turned white (my work vehicle is a former NC SHP Yukon).

I asked a SHP guy about this and he said that he'd enforce it on a case by case basis. If both parties are doing 70 in a 55, he'd not ticket. If they're both under the speed limit he probably would but he said when he comes up behind people everyone moves over anyway (smart*ass). He said his impeding traffic pulls have been bicycles who drive in the middle of the road just for the heck of it (we had a critical mass ride here not too long before).

I always move over but some folks think that if they're doing the speed limit everyone else should also. It doesn't take too much energy to pull over a lane.

[Dash01]

From skimming this thread, a few thoughts:

1. What are the laws in your state & jurisdiction regarding impeding traffic? Here, it is a traffic offense to drive significantly less than the posted speed limit and/or delay other traffic. The other driver may be guilty of this offense, so point that out to the judge. Since no cop observed this, it's a moot point.

2. Did you threaten him, or he you? "Assault by threat" is a criminal offense, even if you did not touch him. OTOH, telling somebody to F off does not rise to an offense, but rather is exercise of the right of free speech.

3. If the cop's report says they have no evidence, then start with that. The police report should then lay the foundation for any legal action (or lack thereof) against you. From your prior comments, it sounds like the cops basically washed their hands of the whole affair. If so, the judge probably will, too. STICK TO THE SCRIPT AS STATED IN THE POLICE REPORT, B/C THE POLICE REPORT IS WHAT BRINGS YOU BEFORE THE JUDGE IN THE FIRST PLACE.

4. "Aggressive" driving as defined by your jurisdiction's traffic code: Know this inside out, vis a vis what the cop report said. You were not driving aggressively unless the cop saw and reported as much. If it comes up, point out that flashing your lights is a completely harmless way to get the attention of the cellphone-using-and-distractedly-unsafe other driver to wake up and keep his wits about him, and stop impeding traffic. Flashing lights is not impolite, but rather, it's a gentle reminder that other folks have a right to use the public highway without delay or impediment. (Our librarian flashes the lights at closing time: Is this "aggressive?") Besides, cellphone users have been found by NHTSA to be as dangerous as DUI during the cellphone usage. NHTSA also says people who use cellphones should pull over and stop off the roadway when they use the phone, rather than endanger themselves or fellow motorists.

[genphreak]

exactly, i know i shouldnt have gotten out of my car, i should have just let the fool try to chase me, but unless he has a recording of what i said isnt this case just a matter of one persons words against another? he threatiningly followed me too close and he could have been a drunkard/drug user.

i think this case is gonna come down to "why didn't you call the cops? he did" and that will make me the one at fault for trying to resolve the situation myself instead of letting authority handle it.

anyone know what kind of fines are at hand? im 20 (1 month away from 21:( ) so im concerned about getting my license taken away. i do have 1 ticket in my historyIs the plaintiff the state or the other driver?

If he has supplied evidence to the police it might paint you as an aggressive driver that tailgated him and then chased him (or whatever he cooks up). One car length at 40mph or more is not enough room, you should know that. If someone sits on my tail (one car length is close enough at this speed I'd be intimidated. As much as I would pull over (not that I'd be paralleling someone at the worst of times), if you shark these idiots on the road some will respond stupidly.

1. Never antagonise anyone else (especially idiots) on the road, it can end all too easily in tears, death and injury.

2. Never use violence. Read about Gandhi, do Yoga, do whatever it takes. The bigger you are than the other person the more likely the judge will think you were intimidating them, naturally, regardless of what you say or what actions are in the report. I can tell you that young guys driving BMWs seldom get any breaks from the law ;)

3. Get a lawyer. Keep it ultra cool. Spend the money and learn from the situation, even if they are fools and you were acting reasonably most of the time, be glad it didn't end any worse than this.

Good luck out there!

[Boone.Msi]

IM A FREE MAN!!!!

yup, got away with zero fines, but i have to take an anger management class...

The guy was an idiot and obviously lied about tons of ****, i just sat there quietly till it was my turn. After his bs testimony i countered with what really happend, minus a few things and the case was over before i knew it.

The judge kicked ass, middle aged guy who rolled his eyes throught that ******s ********, and then told me how he could relate to how angry i was. He told me not to waste my time on incidents like this and speak to someone for 1 day, then bring him back a paper saying so.


also, the police report was full of ****, almost every bit of it was wrong, even down to the color and type of my car. (blue 525)

I doubt the guy is gonna sue me, he was stupid enough to bring 3 of his wigger friends instead of a lawyer, which absolutely stunned me. His friends came to court with baggy clothes and gold jewelery...

I also found out that he had to pay a court fee for $54 to bring me to court. The guys a class A idiot. And im glad i dont have to see his monkey like face again.

Aparantly when i stepped out of my vehicle he was talking to 911, he brought a recording of it so i expected to hear word for word what i said. Turns out you couldnt even hear a whisper... Thats what really pissed off the judge. He kinda made a fool out of the guy.

Also the judge knowing that i was attending college brought up education in the court asking what our education level was and our current job. I dont know how this is related to the case, but it was done in my favor. The idiot graduated with a GED(lawls) and i told him i was a freshman honor student in college (the judge knew this) so thats it fellas, learn this from me, dont waste your time on inferior drivers that suck. Stop somewhere, take a breath and enjoy the fact that you have great health and a BMW;)

i thank everyone who helped me out and gave criticism... i needed it. anyways, thanks again guys.
__________________

[spyrot1]

You fought the law.. and you won!

The system works.

Congrats!

[mikell]

CONGRATS!!! Now you've used up your allocation of luck for a while, so tighten up on them wheels, man. Stay cool out there. The next guy might be packing heat.

[Tiger]

Congrats! Are you serious? Wiggers? LOL...

[632 Regal]

...and the verdict is????????????????????????????????????

[mattyb]

damn good work thats what. sounds like you were lucky to have a common sence judge. just remeber to be humbled enough in your anger management essay.

[632 Regal]

ONE TOO MANY SODAS THERE BUD? i DIDNT SEE A REPLY YET, DREAMIN AND REPLYING JUST FOR THE HELL OF IT? Oops caps on...time for another drink. Wake me up when he replies.


damn good work thats what. sounds like you were lucky to have a common sence judge. just remeber to be humbled enough in your anger management essay.

[mattyb]

yep!

[Jehu]

...and the verdict is????????????????????????????????????

You have been found Drunk by a jury of your peers. You are hereby sentenced to a large breakfast and three cups of strong coffee to be drunk consecutively.

[CrimsonBrian]

IM A FREE MAN!!!!

yup, got away with zero fines, but i have to take an anger management class...

The guy was an idiot and obviously lied about tons of ****, i just sat there quietly till it was my turn. After his bs testimony i countered with what really happend, minus a few things and the case was over before i knew it.

The judge kicked ass, middle aged guy who rolled his eyes throught that ******s ********, and then told me how he could relate to how angry i was. He told me not to waste my time on incidents like this and speak to someone for 1 day, then bring him back a paper saying so.


also, the police report was full of ****, almost every bit of it was wrong, even down to the color and type of my car. (blue 525)

I doubt the guy is gonna sue me, he was stupid enough to bring 3 of his wigger friends instead of a lawyer, which absolutely stunned me. His friends came to court with baggy clothes and gold jewelery...

I also found out that he had to pay a court fee for $54 to bring me to court. The guys a class A idiot. And im glad i dont have to see his monkey like face again.

Aparantly when i stepped out of my vehicle he was talking to 911, he brought a recording of it so i expected to hear word for word what i said. Turns out you couldnt even hear a whisper... Thats what really pissed off the judge. He kinda made a fool out of the guy.

Also the judge knowing that i was attending college brought up education in the court asking what our education level was and our current job. I dont know how this is related to the case, but it was done in my favor. The idiot graduated with a GED(lawls) and i told him i was a freshman honor student in college (the judge knew this) so thats it fellas, learn this from me, dont waste your time on inferior drivers that suck. Stop somewhere, take a breath and enjoy the fact that you have great health and a BMW;)

i thank everyone who helped me out and gave criticism... i needed it. anyways, thanks again guys.
__________________

Hey Boone,
I realize I am a Johnny-Come-Lately to this thread but I did want to add my two cents, just for the record. I am a prosecutor in MA and I deal with these types of cases fairly regularly (although it sounds like you ended up in front of a traffic magistrate). It has been my experience that these types of idiots are out there everywhere but you have to be very careful when deciding to take things into your own hands. Next time this happens, you need to call 911 first. Not only will it help you if anything were to end up in court, it helps everyone because you are going to take this tool off the road.

Also, if you ever end up in court again for whatever reason, you really should consider hiring a lawyer. If your case had gone forward, a lawyer would have been able to file certain motions that would most likely have suppressed the police report and the hearsay within it. Also, prosecutors tend to loathe pro se defendants because they are unfamiliar with the process and what their options are. You are far more likely to get a good deal when you have a lawyer present because they will be able to approach the prosecutor with a plea deal or at the very least, have an idea of what the possible outcomes may be. Additionally, I deal with the same 8 or 10 defense attorneys who practice in the same court, so not only are we coworkers, but we are friends too. When they come up to me and say, "Listen, this is a good kid, he didn't do it" I will be far more likely to cut a deal or dismiss the charges because we have a good working relationship. Lawyers can be very expensive but if you meet the indigency requirements, a court will appoint you one for free or for a nominal charge ($150 in my court). It will be the shortest money you will ever spend because you will pay 10 times that in insurance premiums if you are convicted of something like road rage.

Anyhow, I'll climb off my soapbox for now! Congrats on beating your ticket!

Brian