Who'd get charged? What would you do?

[codex57]

Someone relayed this story to me. Was wondering what would happen or what you officers would do if you were the ones investigating this incident. Not sure what would actually go in the report so I'm just gonna give as many details as possible. You can tell me what's relevant, what's not, what would go in the report, etc.:

Road rage incident. Raised Chevy Silverado versus BMW 325ci. Truck driver in 40s, BMW driver in 20s or 30s. Truck driver on cell phone. Being distracted, he swerves into lane of BMW. BMW lowers window and yells at truck driver. Truck driver gets mad, throws bottle of water into BMW. Takes off. BMW chases, and throws bottled water at truck tailgate, hitting the tailgate and drives off. Truck gives chase, whips around BMW, stops and blocks 2 lanes of freeway traffic. Truck driver gets out of truck, grabs windshield wiper of BMW, and damages it pretty good (I'm sure more choice words were exchanged). Truck then takes off. BMW gets license plate, and files police report.

Now, since this is road rage, neither party is an angel. Just wondering how you guys think this would play out. While this happened in California, I'm interested in how you think it would play out in your own jurisdiction.

[Bodie]

I would charge both. The actions of one do not justify the actions of the other and one could have simply driven away. Both are guilty to the same degree. The is no self defense here, No he hit my car so I can hit his is going to fly in court.

[codex57]

Would one get more charges for the other? Or would both get the exact same charges? What kind of charges would they be? Traffic tickets? Criminal misdos like assault and battery? Felonies?

[Bodie]

Two people would go to jail
Two nice vehicles would get impounded
Reckless Operation
Disorderly Conduct and on & on & on & on
until we could not write anymore

We could even tack on criminal damaging & if we are so inclined littering.
Because a call like this would get us all ****ed off at the two "adults" out on the highway acting like idiots endangering their own lives & the lives and property of others.

Were you one of these fools ??????

[codex57]

Hahaha, no. I was told the story. I'm in a job where I'm VERY aware that criminal actions will adversely affect my license to work. However, I love cars (even worked in traffic court for a while) so traffic incidents fascinate me. Well, all criminal stuff fascinates me I guess (wanted to be a FBI agent for a while until I learned more).

This site's awesome cuz there are plenty of officers willing to talk about their jobs. I used to ask the court bailiffs to tell me stories about their jobs, but I'm not there anymore.

[gotthblues]

in oklahoma, both would be arrested,,both for throwing substance at moving vehicle (felony), both for something along the lines of disturbing peace (fighting, this charge has broad coverage), both citated for reckless driving, and the truck driver for malicious damage to property.

[Bodie]

See everybody or anybody respondin to this call would write a whole bunch of charges to two stupid people who would go to jail and cars would go to impound.

[codex57]

Would you have to call back up and take them in in two separate cars? I can't imagine it'd be a good idea to transport them both in the same backseat.

Also, what if you didn't see it, but one of them walked into the station and reported it that way? I guess they came in complaining someone ripped off their windshield wiper, you asked what happened, and that's the story they gave you?

[codex57]

Oh, and does it frustrate you when DA's/PD's plea down all your charges? Or is that stuff out of your hands so you don't worry about it too much?

[Bodie]

Let them get to know each other. Once at jail they will get to know some other equally fine upstanding citizens.
I could care less the way a DA plays his game I did my job and made the lives of two idiots pretty miserable and cost them lots and lots of CASH.

[Bart]

Road rage incident. Raised Chevy Silverado versus BMW 325ci. Truck driver in 40s, BMW driver in 20s or 30s. Truck driver on cell phone. Being distracted, he swerves into lane of BMW. BMW lowers window and yells at truck driver. Truck driver gets mad, throws bottle of water into BMW. Takes off. BMW chases, and throws bottled water at truck tailgate, hitting the tailgate and drives off. Truck gives chase, whips around BMW, stops and blocks 2 lanes of freeway traffic. Truck driver gets out of truck, grabs windshield wiper of BMW, and damages it pretty good (I'm sure more choice words were exchanged). Truck then takes off. BMW gets license plate, and files police report.

the responses youve gotten so far is what could potentially happen in this incident. however, i like to think in terms of the real world so im going to answer the question in that manner.

1. since i probably wouldnt have witnessed the reckless driving, i wouldnt charge either driver with that offense.

2. throwing water bottles at cars could be considered a felony (throwing a deadly missile into an occupied conveyance). however, i find nothing deadly about a little plastic water bottle. to a lesser degree, it could be considered misdemeanor criminal mischief. if i would actually charge either one will depend on if any vehicles suffered damage as a result of the throwing of the bottle. if there's no damage, nobody will be charged.

3. the breaking of the windshield wiper could be a felony or misdemeanor depending on how much it cost to fix the wiper. in fla, if the damage is less that a grand, its a misdemeanor. over a grand and its a felony. i would charge the truck driver with criminal mischief only if the victim was willing to come to the station to provide a taped statement. if the victim isnt willing to give a taped statement, id note in my report that the victim is uncooperative and no arrest will be made.

i dont like to waste time on adults who cant put their egos aside. in all reality, i probably tell both parties how stupid they are acting and send them on their way.

[L-1]

Truck Driver = Throwing object at a moving vehile (a felony) and vandalism (a misdemeanor).

BMW Driver = Throwing object at a moving vehile (a felony).

Now, what the DA would actually wind up charging is another story.

[Curt581]

BOTH drivers get arrested, charged with Disorderly Conduct (class A Misdemeanor) for creating a disturbance on a public roadway.

Both vehicles get towed to impound.

I don't think I'd have any problems getting the DA to charge, and getting convictions in court.

[ben88]

Well i'll answer for California. If it's a plastic bottle its a misdemeanor, not a felony under 23110(a) VC. I'm assuming an officer did not see this happening. The real world result would probably be a vandalism report taken for the wiper and that's it. If you guys really have time to do two felony arrests for an incident like this you've got a lot of time on your hands.

[FNA209]

the responses youve gotten so far is what could potentially happen in this incident. however, i like to think in terms of the real world so im going to answer the question in that manner.

1. since i probably wouldnt have witnessed the reckless driving, i wouldnt charge either driver with that offense.

2. throwing water bottles at cars could be considered a felony (throwing a deadly missile into an occupied conveyance). however, i find nothing deadly about a little plastic water bottle. to a lesser degree, it could be considered misdemeanor criminal mischief. if i would actually charge either one will depend on if any vehicles suffered damage as a result of the throwing of the bottle. if there's no damage, nobody will be charged.

3. the breaking of the windshield wiper could be a felony or misdemeanor depending on how much it cost to fix the wiper. in fla, if the damage is less that a grand, its a misdemeanor. over a grand and its a felony. i would charge the truck driver with criminal mischief only if the victim was willing to come to the station to provide a taped statement. if the victim isnt willing to give a taped statement, id note in my report that the victim is uncooperative and no arrest will be made.

i dont like to waste time on adults who cant put their egos aside. in all reality, i probably tell both parties how stupid they are acting and send them on their way.

I gotta go with this answer. I'd probably use the dreaded phrase, "moron" several times in my discussion with both drivers, cite the charges I'd apply should either one really wish to press charges, then send them on their way.

If there was a third party complainant who was at risk due to the actions of the two morons, I'd take some action, but if all I had was moron # 1 and moron #2 complaining and counter-complaining, well, they're morons.....