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Can/ should I press charges

Discussion in 'Auto Accidents, Injuries' started by Sam97, Aug 7, 2019.

  1. Sam97

    Sam97 Law Topic Starter New Member

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    I was in a car accident where I rearended someone as he was turning. It was my fault. The guy came toward my vehicle yelling and flipping my off. I thought he might attack me. I drove away from the scene. He followed me honking. I pulled over and waited the police. We exchanged information through the police. They said there would no legal charges but I press charges against him for intimidation?



    First of all I have no intention of actually pursuing this I'm just curious. Secondly from what I've intimidation or threatening behavior can be a crime if the behavior would cause a reasonable person to fear for their safety. Which I coming towards my car yelling would. Here's a follow up question was I justified in leaving because I feared for safety? Again it was not the following my car after I left but the approaching my car yelling. While he may have been justified in following me after I left but his behavior at the scene which I felt forced to leave for my own safety
     
  2. Zigner

    Zigner Well-Known Member

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    No...
     
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  3. zddoodah

    zddoodah Well-Known Member

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    First of all, "intimidation" is not a crime. Second, you fled the scene of an accident in which you were unquestionably at-fault. The other driver had every right to pursue you to obtain your information. Third, you had an opportunity at the scene to make a report with the police and you either didn't avail yourself of that opportunity or the police didn't believe there was anything worth pursuing. Fourth, even if a crime had been committed, you could not file charges. Only the county district attorney can file charges.
     
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  4. zddoodah

    zddoodah Well-Known Member

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    Since I cannot edit at the moment...

    Turns out "intimidation" is a crime under Oregon law:

    "A person commits the crime of intimidation in the second degree if the person:

    (a)Tampers or interferes with property, having no right to do so nor reasonable ground to believe that the person has such right, with the intent to cause substantial inconvenience to another because of the person’s perception of the other’s race, color, religion, sexual orientation, disability or national origin;

    (b)Intentionally subjects another to offensive physical contact because of the person’s perception of the other’s race, color, religion, sexual orientation, disability or national origin; or

    (c)Intentionally, because of the person’s perception of race, color, religion, sexual orientation, disability or national origin of another or of a member of the other’s family, subjects the other person to alarm by threatening:

    (A)To inflict serious physical injury upon or to commit a felony affecting the other person, or a member of the person’s family; or

    (B)To cause substantial damage to the property of the other person or of a member of the other person’s family."

    ORS 166.155(1).

    Intimidation in the first degree (ORS 166.165) requires two or more persons acting together.

    Needless to what, what you described does not even come close to these definitions.
     
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  5. Zigner

    Zigner Well-Known Member

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    Your question about intimidation has been answered.

    If you truly feared for your safety, then I would say that it's not unreasonable for you to have left the scene, so long as you were driving to the nearest police station, or if you were instructed to do so by 911. Even if it turned out that you were charged for it, isn't that better than being injured or killed? It's a cost vs benefit thing.
     
  6. Sam97

    Sam97 Law Topic Starter New Member

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    Intimidation was not really what I meant. Threatening behavior which is a misdemeanor might be a more accurate term for what I meant
     
  7. Zigner

    Zigner Well-Known Member

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    It is? Under what code section?

    Look - you rammed in to the guy from behind - of course he was upset. You're not going to get him charged for anything at this point. Even at the scene it's obvious that the police didn't feel any crime was committed by the guy.
     
  8. army judge

    army judge Super Moderator

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    If that's what you thought, who am I to second guess you, boss?




    You just walk into the DA's office, ask for the "duty DA" and explain what it is you wish to do - have the angry dude prosecuted for frightening you.

    Good luck, mate.
     
  9. Sam97

    Sam97 Law Topic Starter New Member

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    I was not on the phone with the police when left but I would have called them once i felt he hadn't followed me. He called the police. When i pulled over the passenger of my car was facing him so there was distance between us. Could I have been charged with leaving the scene in this case? I am on the autism spectrum which I'm not sure if that's relevant or not here.
     
  10. army judge

    army judge Super Moderator

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    Probably NOT, but my response is based solely upon your recitation of the events.

    The less one says, the better one's position can be protected as things progress.

    A jury could easily be convinced you drove your vehicle to a safer location to protect your passenger, yourself, your vehicle, the motoring public, the police, and the other driver.
     
  11. Sam97

    Sam97 Law Topic Starter New Member

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    Ors 163.190 also saying "you're lucky I'm not a violent person" feels like it's at very close to a verbal threat. Again I have not intention of filing charges but it would be satisfying to know was not just outside the realm of human decency but against the law. Yes he had the right to be angry but if he had just taken few deep breaths and approached this a half way reasonable. Also he knew I was close to him (which was because the car behind me was close to me) he signaled but not very far ahead and he stopped quickly instead of gradually.
     
  12. zddoodah

    zddoodah Well-Known Member

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    Yes, because you admittedly did.

    Doesn't sound like that to me. In fact, it sounds like the exact opposite: i.e., "I'm pissed as fuck, but I won't do you any harm because 'I'm not a violent person.'"

    Regardless, as I wrote previously, "you had an opportunity at the scene to make a report with the police and you either didn't avail yourself of that opportunity or the police didn't believe there was anything worth pursuing." That's it.

    So...you're blaming him because you rear-ended him because you were following too closely? Very nice.
     
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  13. Disabled Vet

    Disabled Vet Active Member

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    The other thing to consider is that he could come after you for medical bills.
     
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  14. cbg

    cbg Super Moderator

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    Here is the bottom line.

    No. You have no legal grounds to take any kind of legal action against him.

    I trust that this is now clear to you.
     
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