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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice
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Today my son and I were involved in a road rage incident on

Customer Question

Today my son and I were involved in a road rage incident on the way into Birmingham, I was on the inside lane, and the other driver was in the middle lane, he had to slow down as got stuck behind another vehicle, I was paralell to him when he decided to indicate left and try and cut me up, fortunately i managed to get past him.....he then drew up beside me wound down his window and hurled verbal abuse at me and my son.........I wound down my window and tried to calm the situation....but the other driver who was obviously was a body builder and had muscles carried on throwing verbal abuse at me and my son.......my son who is only 16 bcame angry because rhe other driver wouldnt listen......shouted shut the f**k up were trying to explain he said to the other driver.......i was annoyed at my son for doing this as I have never brought him up to swear let alone in public........the other driver the very very aggressively threatened my son with violence took his seat belt off opened his car door and placed one foot onto the highway with intent to assault my son stating im going to smack your f**king face in.....I became quite concerned and told my son to call the police which he duly did........i was mortified that anyone would threaten a child like that
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What is your question about this please?
Customer: replied 3 years ago.
Sorry, im wondering what we can do about this road rage incident? Who is in the wrong?
Customer: replied 3 years ago.
I feel the other driver was in the wrong due the show of intent, and the statement that he intended to assault my son, even if the altercation wasnt to the other drivers liking I dont think it warranted violence
Expert:  Jo C. replied 3 years ago.
Well, there is fault on both sides really.

I'm afraid that I cannot agree that getting out of a car amounts to an intention to assault anybody. Obviously it may have lead to an assault or it may have tjust led to further foul language. Also, a 16 year old is not a child.

The use of foul language in public is a S5 public order and possibly a S4 but then your son did that as well so there are risks on both sides.

I wouldn't worry too much about a S5 public order. They will probably only give everybody a fixed penalty fine if they take action at all.

The nature of your driving wouldn't seem to give rise to any complaints here. Obviously I haven't heard the story that he will maintain though. If there was no collision though then they would not normally prosecute that on either side.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you Jo
Expert:  Jo C. replied 3 years ago.


No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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