(Legal Consequences and FAQs)
While “road rage” is not a specific offense in California, engaging in road rage can lead to severe consequences, including driver’s license suspension and criminal charges. Here’s what you need to know about road rage and the potential legal ramifications:
What is Road Rage?
Road rage broadly refers to a driver’s overreaction to a perceived provocation or slight by another driver. This overreaction manifests as reckless, threatening, or violent behavior. The specific actions taken by the enraged driver will largely determine the criminal charges they may face.
Possible Criminal Charges for Road Rage
- Aggressive or Reckless Driving
- California Vehicle Code 23103 VC: This law makes it a crime to drive with willful or wanton disregard for the safety of persons or property. Actions such as speeding, swerving, and tailgating can be considered reckless driving.
- Penalties: Up to $1,000 in fines and up to 90 days in jail. Penalties increase if the reckless driving causes bodily injury.
- Assault
- Penal Code 240 PC: If a driver threatens or attempts to apply force to another driver or pedestrian, causing the other person to reasonably believe that force would be applied, they could be charged with assault.
- Penalties: Assault is a misdemeanor with potential penalties of up to six months in jail and $1,000 in fines.
- Assault with a Deadly Weapon
- Penal Code Section 245: A car can be considered a deadly weapon. If a driver uses a car in a manner that constitutes assault (e.g., speeding towards a pedestrian and swerving at the last minute), they could face charges of assault with a deadly weapon.
- Penalties: This can be charged as either a misdemeanor or a felony. A felony conviction could result in up to four years in State Prison. Additionally, brandishing a firearm during a road rage incident falls under Penal Code Section 417.
- Battery
- Penal Code 242 PC: If road rage results in the driver using force against someone else, they could face battery charges.
- Penalties: A battery conviction can lead to a fine of up to $2,000 and/or up to six months in county jail. If serious bodily injury occurs, the driver could face charges under Penal Code Section 243(d) with more severe penalties.
DMV Actions
- California DMV Code 13210 CVC: The DMV can suspend your driver’s license for engaging in road rage.
Understanding these potential charges and consequences is crucial for anyone driving in California. It’s important to stay calm and composed on the road to avoid these serious legal repercussions.
License Suspensions for Road Rage Under 13210 CVC
Engaging in road rage can result in a driver’s license suspension under California Vehicle Code 13210 CVC. Here’s what you need to know about this law and its implications:
Duration of Suspension
- First-Time Offense: Up to 6 months.
- Subsequent Offenses: Up to 1 year.
Reasons for Suspension
The California DMV can suspend your license for road rage by:
- Determining Lack of Skill to Drive
- Declaring You a Negligent Operator
Challenging a Suspension
You have the right to request an administrative hearing to challenge the license suspension. During this process, you can be represented by a criminal defense attorney.
Road Rage FAQs
Is Road Rage a Crime in California?
No, road rage itself is not a crime. However, acts of road rage can lead to criminal charges such as:
- Reckless driving
- Assault
- Battery
- Criminal threats
These offenses can be classified as misdemeanors or felonies, depending on whether weapons are involved or if injuries occur.
Can I Lose My License?
Yes, the California DMV can suspend your driver’s license for a road rage incident. The suspension can last six months for a first-time offense or one year for a subsequent offense, even if you are not charged or convicted of a crime.
How Can I Fight the Charges?
To fight road rage-related criminal charges, you may argue:
- You acted in lawful self-defense
- There was an emergency, and you acted out of necessity
- The incident was an accident
- You broke no traffic laws
Can I Sue if I Am the Victim of Road Rage?
Yes, if you are a victim of road rage, you can sue the responsible parties for:
- Assault
- Battery
- Negligence per se
- Intentional infliction of emotional distress
- Trespass to chattel
You can seek compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
Additionally, you may be eligible for punitive damages if the at-fault party’s actions were particularly egregious.
Understanding your rights and options in road rage incidents is crucial for both drivers and victims. Stay informed and take appropriate legal action when necessary.
