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      02-18-2020, 04:50 PM   #631
Sedan_Clan
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Quote:
Originally Posted by VisualEcho View Post
I had something happen earlier, and I wonder if it would be considered assault. It's a bit long, sorry.

It started when both the girl in front of me, and myself picked the wrong lane at the stoplight. The people in front of both of us pulled off very slowly, and kept driving that way, so I put on my blinker (I know, I break the BMW mold here), and started to go around the girl in front when she put on her blinker and turned in front of me at the very same time. No big deal, it happens constantly.

The next stoplight is the same. We both pick the wrong lane again, and the same thing happens, we pull off, I put on my blinker, wait a few seconds to see what she is going to do, and when she doesn't do anything I start to go around, at which point she puts on her blinker and almost turns into me (just not paying attention).

She turns back into her lane, I swerve a bit, and accelerate to 50 in a 45 pretty quickly (it's normal for me to go 5 mph above the speed limit in almost all cases as I'd rather move through traffic than with it).

Now this was uphill, so it probably seemed like I shot off like a rocket, and well, I kinda did since I didn't want to be anywhere near the girl I just passed, but inevitably everyone caught me way before the next light (isn't it strange how everyone drives slowly until you start driving quickly, then they all drive faster than you to catch up?).

Anyway, I pulled into Best Buy before reaching the 3rd light, got out, opened my trunk, and this black SUV pulls up beside me and rolls down the window.

The guy yells out to me "people like you should use the bus", and something else I don't recall. He said that I almost hit a car twice, and was driving reckless.

I just looked at him with a bit of a blank stare, like you do when those UFC scores come up like ti was a 26/30 round when it was clearly a 29/30, and said "ok."

He said a few more things, sternly, and I just said "whatever" and walked off, as from my perspective I didn't do anything wrong except a bit of speeding, but I could see how, if he didn't see it from my perspective, that he might think I had been driving aggressively.

So my question is; is that considered assault when someone follows you, then pulls up beside you and scolds you for your driving when you're parked? Or must they get out of the car and walk towards you? Or can you pull up beside anyone you want that is parked, roll down your window, and start telling them they don't know how to drive?
No it's not assault. Assault requires an attempt of physical violence upon your person coupled with the present ability (...and it's always the lesser included charge on a battery). You and the other motorist just had a verbal altercation.
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