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by srothstein
Wed May 15, 2013 10:59 pm
Forum: General Texas CHL Discussion
Topic: e-mail from student about road raging motorcyclist
Replies: 147
Views: 18983

Re: e-mail from student about road raging motorcyclist

baldeagle wrote:The threat of force is justified in 9:04. It does not say a defense to prosecution. It says justified.
We all need to remember to read all sections of the law. Just like people forget to read all the way down to subsection I when they read 46.035, we need to read all of Chapter 9.

Section 9.02 says:
Sec. 9.02. JUSTIFICATION AS A DEFENSE. It is a defense to prosecution that the conduct in question is justified under this chapter.
by srothstein
Tue May 14, 2013 11:03 pm
Forum: General Texas CHL Discussion
Topic: e-mail from student about road raging motorcyclist
Replies: 147
Views: 18983

Re: e-mail from student about road raging motorcyclist

Let me jump in with one minor point for you all to consider. I will preface this by saying that I agree with the OP on what he did and with Charles' summary of the law. I would have handled it almost exactly like the officer involved did, though I might also have arrested the biker.

But Alvins is also technically correct. And he did say technically. It is aggravated assault and/or deadly conduct to point a pistol at someone. This is illegal and you can be arrested for it. All of the justifications under chapter 9 are "defenses" to the charge, which does not affect the legality of an arrest. It means you should win the court case but you could be arrested. With any reasonable officer, a justified use of your firearm will mean you will not be arrested, but we should all remember that the possibility does still exist.

As a side note, the OP was also lucky not to get an accident on his driving record. Even with all of the rest going on, when the bike rear-ended the car, it was still a crash that belongs on a report. The report should have shown the OP not at fault, but do you trust the insurance companies to agree?

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