When Is “Road Rage” a Crime?
Everyone has dealt with an incident of road rage when driving. Sometimes, being behind the wheel can bring out the worst in human beings. Stress, lightning-fast decisions, and misinterpretations run rampant. The definition of road rage ranges from a quick flip of the bird to aggressively confronting another motorist outside of your vehicle. Criminal charges are possible in the most extreme incidents, but even simple road rage may cost you your driver’s license in California.
Road Rage Leading To a Suspended License
In California, road rage itself is not a criminal charge. However, as part of the state vehicular code, you may face the DMV for a license suspension hearing if you are cited for a road rage incident. The administrative hearing can be ordered for any of the following behaviors:
- Rude gestures
- Insults, whether physical or verbal
- Threats, either express or implied
- Driving towards another in a dangerous way
Road rage citations can be given for conduct aimed at other motorists, as well as actions towards pedestrians, bicyclists, or anyone else using the street.
The DMV will determine if your license should be suspended due to road rage for one of two reasons:
- Lack of skill to drive
- Being a negligent operator
Either determination will result in the DMV mailing you an ‘Order of Suspension’ outlining the terms of their judgment and your options. Being a negligent operator is decided based on an accumulation of points on your record. Points can be accumulated before the road rage incident for moving violations or criminal offenses such as DUIs.
You can face up to a six-month license suspension for a first road rage incident or up to a year for all subsequent incidents.
Challenging Your License Suspension
If you receive an Order of Suspension, you can request an administrative hearing in front of the California DMV. At this hearing, you have the right to prove that you either have the skill to drive or that you are not a negligent operator. Which path you take will depend upon the reason given for your original suspension.
You will have the right to have your attorney present at this administrative hearing. There will be a hearing officer, not a judge, presiding over the debate. After you present your case, the officer can decide to:
- Set aside your suspension entirely;
- Place you on negligent operator probation, allowing you to continue driving;
- Order modifications to your license; or,
- Uphold the suspension.
Anything besides a suspension will be beneficial, as it will allow you to drive, either entirely or in restricted circumstances.
Possible Crimes During Road Rage Incidents
In extreme cases, road rage may lead to criminal charges beyond a possible suspended license. For example, if you swerve your vehicle in and out of traffic or try and run another car off the road, you could face reckless driving charges. Any operation that overly disregards another person or property’s safety can lead to such an arrest. The maximum sentence for reckless driving is up to 90 days in jail.
Even more rare incidents could result in an assault with a deadly weapon charge. A car can be a deadly weapon under California law, so trying to injure another person with your vehicle can result in an arrest. In the worst-case scenario, road rage can result in crashes that kill other people. In such an accident, murder charges are available.
If you’re facing charges of road rage in Fullerton, California, you will need a skilled criminal defense team. Set up a no-cost consultation with Chambers Law Firm by calling 714-760-4088 or emailing dchambers@clfca.com today.
