Legal Question in Criminal Law in Washington

Dispute between two parties, police involved

On Sunday around 1am, I was involved in an incident where a car was really close to hitting me, and I jumped and hit the car on the hood. A police report was filed, I have witnesses and the car owner has witnesses. I was left a voicemail by the owner of the vehicle stating that if I do not pay for the damages to the vehicle, then I will be charged with a felony because the damages are larger thatn $200. Also, while inebriated, I shouted gay slurs at the driver and he said this constitutes a hate crime. The owner of the vehicle demanded I respond in two days or face legal action. Also, I attempted to obtain a copy of the police report and was told that I have to wait 5 days because I was listed as a suspect. What are my legal options?


Asked on 10/29/07, 7:55 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Dispute between two parties, police involved

The owner of the vehicle does not make the decision of whether you will be charged with a crime. However, he can sue you for the damages. It is doubtful that the slurs constitute a hate crime.

It is possible, but I'm thinking unlikely, that it is a defense that he almost hit you. It sounds like you didn't like how close he was and lashed out. However, if it was really necessary for you to damage his hood to save yourself than it is a defense--both to a criminal charge and his claim for damages.

As for his two day limit, it is totally up to him if and when he brings legal action. Perhaps you should apologize for the slurs and ask him for a few more days to respond? In the meantime, you can get the police report and review it with an attorney. Let me know if you'd like my further help.

At your service,

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Answered on 10/30/07, 12:57 pm


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