Legal Question in Administrative Law in California

road rage

Was driving down freeway moved over to lane one and driver proceeded to high beam me and block my ability to change lanes thereafter. I threw a small battery at this person car to get them to stop blocking my ability to go about my way. This person filed a complaint and turned in the battery. I received a call from the highway patrol to come in and discuss this issue; I didn't at first recall this matter since it happened months ago. I was advised by a lawyer at that time that unless they were charging me I did not have to go. Therefore, I didn't go in. Now I've received a misdemeanor notice to appear in court. Do I need a lawyer? Should I file a counter complaint? Since if this person hadn't being using their car to prevent me from going on my way I would not have had to throw the battery in the first place.

Thank you for your input related to this matter.


Asked on 3/14/06, 2:49 am

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: road rage

A misdemeanor conviction could result in jail time and/or fines, and could prevent you from getting jobs in the future. Misdemeanors are serious matters and you should make every effort to retain private counsel. Attorneys can appear at all of the various hearings in your case without your having to show up and sit in court all day waiting for your case to be heard. Having an attorney present in court will also forestall the possibility that you might inadvertently admit something that will hurt your case. You were wise not to visit the police station or make statements. It sounds like the "battery" charge would be difficult to prove unless you screw up and admit something. Stay wise. Good luck.

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Answered on 3/14/06, 3:04 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: road rage

Yes, you need a lawyer. If you can't afford one, a public defender will be assigned. Don't do anything without your lawyer present.

You can't file a counter complaint in a criminal case. You could initiate a separate civil lawsuit against the other driver, but since you would have to admit the battery-tossing incident it is less than likely you would win.

If you need a more particular answer, try re-asking your question under a LawGuru "criminal law" heading.

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Answered on 3/14/06, 9:53 am
Terry A. Nelson Nelson & Lawless

Re: road rage

You definitely need an attorney to keep you from making mistakes like talking to police, or admitting to throwing something at a car. You face jail time, so think long and hard before choosing to represent yourself. Contact me if interested in doing it right.

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Answered on 3/14/06, 1:57 pm


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