Road rage incident - no impartial witness - but other vehicle has second passenger

1. Yes. This is a You said vs. THEY said.
2. Hire an criminal defense attorney
3. What statute are you being charged under? If found guilty you will have a criminal record.
4. Not likely. You MIGHT be able to have your record expunged.


How old was the child? Why did you think it was a good idea to "get into it" with the other driver once you saw there was a child in the car?

To clarify what you are facing...This is a criminal case not civil. You REALLY need to hire an attorney.

 

#1 The other party must present evidence supporting what you are alleged to have done. It seems the child's testimony is the only relevant evidence that may exist. It will be up to the court whether or not to allow the testimony.

#2 Even better than telling the truth is saying nothing at all. When the other side finishes blabbering about their hurt feelings you ask the court to dismiss the case for lack of evidence.

#3 Worst case scenario is that you are found guilty. Expect to pay fines and possibly community service time. If it would be a first offense for you there are ways to keep it from becoming a criminal record. It sounds to me like you won't likely have to worry about it.

#4 You may have the right to appeal a conviction, but chances are that this is low level enough it won't be routed through that process. First things first, see if anyone shows up to court if it isn't dismissed prior to the hearing anyway.

 

Please elaborate what this means. Have you been charged with a crime? If so, what crime have you been charged with? What is the purpose of this hearing?

Yes. No law requires witnesses to be impartial, and witness testimony is evidence.

If you've been charged with a crime, hire a criminal defense attorney.

Without looking it up, spitting on someone is probably simple assault/battery that probably gets you a fine and/or probation.

If you are convicted, there will be a permanent record of the conviction, although you might be able to expunge it at some point.

If you're convicted of a crime, you can appeal the conviction. If that's not what you're talking about, then you'll have to clarify this question.

 

Could the fact that the alleged victim is a child change the severity of the punishment?

 

Maybe. I'd have to know the specific crime with which the OP has been charged.

 

If intent can be proven, yes.
If someone gets a little spittle on them incidentally during a shouting match it is hardly a battery. It is the equivalent of bumping someone while walking a crowded mall or sidewalk.

 

Testimony IS evidence. The court will decide how much weight to give the evidence, if it gets to that point.

 

If I were you, I'd start today to use my RIGHT to remain silent.

I'd then avail myself of another right, I'd hire myself a lawyer to represent me at the upcoming hearing.

If I needed clarification about any aspect of this matter, I'd speak ONLY to my attorney.

Whatever thoughts entered my head to the contrary, I'd recognize that this matter has the potential to impact me negatively.

I wish you the best.

 

How old is was the child in the car? Why did you continue with your beef once you saw there was a child in the car?

 

When you stopped and started shouting, you became the aggressor, or at least equally to blame.
You're lucky you're alive to be charged.

 

You opinion is wrong. You pulled up next to him instead of just driving on your way.

 

If you've been charged with a crime, hire a criminal defense attorney and stop posting about it on a public forum.

 

That makes no sense. You state that he "... was turning left in a left turn only lane" and then you state "They had no intention of making that turn ...". Not only are those two statements contradictory, but you can't have any actual idea of the other driver's intention. You're just supposing.

 

You pulled up next to a person who was in a left turn lane and started shouting at them, all the while blocking traffic - just to satisfy your ego.