Legal Question in Traffic Law in California

Tailgater's rage

I just recieved a notice to appear in court and I'm wondering if I have a chance to beat this.

I was driving in the center lane in heavy trafic and a van that was driving irradicaly changing lanes and weaving in and out of traffic cut in front of me then moved to the right lane then the right lane traffic slowed and now I passed the van, he moved over into the left lane(fast lane) behind me, when my lane started to slow there was a gap in the left lane, I singled moved into the lane in front of the van and he got all bent and was flashing his lights, honking and sped up to within 2ft. of my bumper. This continued for several minutes and there was no chance for me to move over as traffic was heavy. I at that point in an attempt to back him off tossed my coffee from my cup out my window and splashed over his windshield, I pulled off freeway he followed, a CHP was called and this is the report I gave to the officer. I was'nt cited at the sceen but have recieved a notice to appear. Am I fried or can I beat this. Thank you


Asked on 5/11/03, 1:06 pm

2 Answers from Attorneys
Jason Hsu Una Law Corporation

Re: Tailgater's rage

Yes, you can fight this. There appear to be enough circumstances that would provide some avenues of defense.

The information provided to you is of a general nature. We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to email or contact us at www.unalaw.com

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Answered on 5/13/03, 4:25 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Tailgater's rage

Thank you for your inquiry.

You can always fight a citation. In your case, I can't imagine what you've been charged with, and you didn't mention ... vandalism? Littering? Reckless endangerment?

Each of the crimes you could be charged with have elements that have to be proven beyond a reasonable doubt, and I'll bet you'll find that they cannot prove all elements in your case. You of course may have other defenses, including the right to self defense, depending upon what you've been charged with, exactly.

I can't recommend enough you do the responsible thing, get an attorney to fight this for you.

I hope that this helps, but if you need more information, have other questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.

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Answered on 5/12/03, 9:29 pm


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