JayCee wrote:Hey guys, I'm wondering if anyone has had to do the above.
I've had 3 or so situations in the past couple of years where I was randomly "attacked" while driving, I'm wondering how justified (if at all) I would be in drawing a weapon to diffuse these situations.
On one particular occasion I was leaving work and attempting to merge on the Hwy but there was an orange Avalanche that was halfway in the right lane and the merge/exit lane. I gave him a few seconds to either exit or enter the hwy but he stayed there for several seconds and was unaware or too intoxicated to tell what was going on. Well, I had to get on so he needed to move. I honked at him in case he didn't realize what he was doing at which point he swerved at me, looking me dead in the eye. I dropped a gear and sped up (sports car vs truck, duh) to get around him and he began to chase me, tailgating me even as I changed lanes and tried to evade. I could have layed on the gas and lost him eventually but that would have been dangerous for me and other drivers, so since he was so close he could probably read my radio station, I pulled my pistol from the console, cocked it and layed it on the seat in clear view. Fortunately that made him reconsider his course of action and he immediately backed off 10 car lengths.
Now I know and feel that I did the right thing since calling 911 while trying to evade some crazy redneck would have put me at greater risk (and accomplished nothing) than simply displaying the fact that I can make this altercation a lot more serious than some bumpkin with a grudge is willing to take it. The question is, was I right in the eyes of the law?
Another time I was driving with my fiancee and out of nowhere a car passes me on the shoulder doing at least 90 (I drive around 10 over and don't loiter in the left lane, FYI), cuts me off and brake checks me. The car is driven by a big black man and has TVs in the visors; so not to stereo type, but this guy was either gang affiliated or wants people to think he is. I try to avoid him, change lanes and sure enough as soon as he gets a chance he's in front of me again, stomping on his brakes. It's night time but traffic is moving at decent speed but is so thick that theres not a lot of room to manuver so basically we're stuck with a guy in close proximity that apparently wants to cause an accident or worse. At several points the other car was beside us and I had no way of knowing if I or my fiancee were going to be shot in the face. I wasn't carrying my pistol that night (and regretted it ever since). My question is: if I was carrying and those events transpired, would I be justified in shooting the other driver car-to-car? Let me reiterate: there was no backing down or running away given the traffic.
Is it justifable to use a weapon to preempt assault?
...and for all those that might be led to believe that I somehow caused these events with either bad or aggressive driving, just let it go. I'm a very safe and considerate, mature driver and have the record to show for it!
Welcome to the Forum, JayCee.
Without getting into a deep discussion of the law, I think you can answer your own question about whether or not such an action would have been a good idea in the two circumstances you described without a whole lot of effort.
Although you got the result you wanted in the first case and it's unclear what happened in the second, let's think these incidents through another step or two to see if the best options were used.
In the first case, the driver backs off and remains 10 car lengths behind. However, instead of forgetting about it, he calls 911 to report some nut just threatened him with a gun while he was innocently driving down the road. He gives a detailed description of your car, your tag number, you, and the gun. About 5 minutes later 3 marked units pull you over in felony stop formation with guns drawn and order you to get out of the car and lie on the pavement. They observe a cocked gun that exactly matches the one he described on the passenger seat. This appears to clearly support the complainant's contention that you pointed it at him and that's how he knew what it looked like. As you're being handcuffed and read your Miranda warning, your contention that that's not what happened at all would start......how?
In the second case, you have your gun and the situation unfolds exactly as you described. You opt to roll down your window and fire at the other driver, who is struck in the head and dies instantly. Since there is no longer a live driver, his vehicle goes out of control and cuts in front of an 18 wheeler hauling gasoline. The truck jackknifes and overturns, 3 other cars run into it before they can stop, and a huge fireball erupts from the spilled fuel all over the road. Initial reports confirm 6 fatalities, and 4 serious injuries airlifted to the local burn center. A witness in the car that was behind yours when you fired has called 911 and said he saw you raise a gun and shoot the other driver for no apparent reason. He gives your tag number and vehicle description to the police. A preliminary examination of the other driver's body quickly reveals what appears to be a gunshot wound to the head.
Repeat the part from the 1st situation with the felony stop, etc. Then jump to the explanation part.
How does the decision to fire your gun look at this point?
Have you answered your own question?