Have a good night Sir. Thanks for the debate.
I hate violence, but not scared
- Thread starter riccoh
- Start date
And this is where it all went wrong... Temper lost, not thinking straight, and I understand, but the entire situation was created by ego, attitude, and temper. This complicates things, you instigated a scene that went sideways.
I understand being pissed, I've been in the exact same situation, but the minute you instigate a confrontation, you're NOT in a self defense situation, not when it's plain and simple road rage. In short you drawing more than a pretty picture, let alone a firearm, means you've acted in an irresponsible manner. The other drivers action and his "stick" are pretty much irrelevant when you've instigated a confrontation.
That's likely how the police and witnesses are going to see it, that's probably how the judge will see it.
Hope it works out for you, but plain and simple, if this story is true and accurate and not a fun filled adventure story, your screwed.
I know on the Autobaun it's illegal to frown or make gestures at other drivers.
I know here a few years ago, a lady and this guy got into it on the freeway, I-435 S, when she exited 87th street, the guy followed her and the light caught her at the bottom of the exit. The guy jumps out of his car with a tire iron, and started running up to her car. She let her window down and shot the guy. No charges were filed.
I would think the law may take into account that the finger isn't the thing to do, but the driver that pulled a weapon and got out of his car to attack someone who didn't pose a threat to him may get looked at a little differently.
That is what I was trying to say!
It's one thing to make gestures at someone, It's another to leave your vehicle with and object in hand with the intent to do bodily harm. Don't get me wrong I understand the gesture is what started this in the first place, but it doesn't give the right for the guy to come after him with a club. That takes it to a whole different level.
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As far as I know, Hawaii does not have a "stand your ground" law. This means you were obligated to flee (I know, it sucks.) Additionally, with a CCW, it is understood that it should never be used as a deterrent, only as a last resort.
The most likely thing here would be for the state attorney to throw out the case. Otherwise you might just lose in court since you clearly did violate the written law.
Don't shoot the messenger.
The most likely thing here would be for the state attorney to throw out the case. Otherwise you might just lose in court since you clearly did violate the written law.
Don't shoot the messenger.
You are in a tough spot. You CAN NOT use a weapon to scare someone away or to make someone stop doing something. Basically if the gun comes out, something has to come out of the end. I know that is cut and dry, but that is the law as I know it. If your life is in jeopardy then you should HAVE to use it. In the case of the guy with the stick. The only reason you can pull your weapon is if you life is in grave danger. If you are justified in shooting him, than the law is on your side. If you think that you would get in more trouble for shooting hm, then your life was not in grave danger, "yet".
Good luck. I hate to think that one day I might need to use my weapon, but I think about **** like this.
Good luck. I hate to think that one day I might need to use my weapon, but I think about **** like this.
SANDFLEA85
Registered
granted he almost "killed" you in his car,(I would be pissed to) but what did you expect to happen when you pulled up next to him talking sh!t and flipping him the finger??? he may have had his head buried in the cell phone and never even realized he almost took you out(sad but possible). for all he knew you came up looking for trouble. if you werent intending on kicking his azz you should have just let it go.
yes you defended yourself,but you arent completely innocent,you brought on the situation.
yes you defended yourself,but you arent completely innocent,you brought on the situation.
Projekt
Registered
This argument will surely come up in court. Whether or not you were nearly caused to crash wouldn't give you the right to instigate an altercation with said individual. Too much confidence is gained by carrying a firearm in this situation. You will be looked at as the one who "chose to escalate" the situation by the prosecutor or judge. They will probably tell you that you could have simply taken down the guy's plate in order to report his reckless driving.
Good Luck.
I would rather say it all went wrong when the cager tried to ride him off the road and talking with someone while under the influence of adrenalin is OK. Jumping out the car with demonstrated intent of assault is not OK.
I hope the OP follows up and let's us know how this turns out. The controversial opinions in this thread is why I don't carry, the chances of getting into trouble are simply too big and then there is the hassle of attending court.
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HT_USMC
Registered
Nah. All bogus.
He did have to pull up next to the guy. He's on a public street and has a RIGHT to his lane and to use said public street to get from point A to point B.
He has a right to free speech and this includes cussing and sign-language. Therefore, it's on the other driver to exercise self control.
The other guy got out of his vehicle! A person who feels threatened rolls up the windows and locks the doors. Any more threatened and they drive away. The driver was not threatened. No, he almost killed the biker and then decided to finish the job by hand.
End of story.
JGoodson
Registered
Nah. All bogus.
He did have to pull up next to the guy. He's on a public street and has a RIGHT to his lane and to use said public street to get from point A to point B.
He has a right to free speech and this includes cussing and sign-language. Therefore, it's on the other driver to exercise self control.
The other guy got out of his vehicle! A person who feels threatened rolls up the windows and locks the doors. Any more threatened and they drive away. The driver was not threatened. No, he almost killed the biker and then decided to finish the job by hand.
End of story.
agreed you dont get out of your car at a light to talk i would have at least done what you did. Good luck with court hope it goes your way
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