Road Rage

vibe_xr6 · 28-02-2011, 09:49 AM

So saturday night me and a mate were driving in his car and there was some dim wit tailgating us for about 10 minutes all though we were doing the speed limit, pulled up at the traffic lights, sat there waiting for the lights to go green, next minute there was a bloke banging on the window, my mate put his window down and got a punch to the face, we both got out and so on and now im getting charged with assualt causing greviously bodily harm, even though it was a act of self defence i have been told there is no such think as self defence, you are supposed to take a flogging and do nothing.

has anyone else ever heard of this crap ?

Franco Cozzo · 28-02-2011, 09:59 AM

Its funny how everyone reckons Australians are all layed back, easy going people.

Then they get behind the wheel and its like the wild west, every man for himself.

302 XC · 28-02-2011, 10:03 AM

So ya mate got a punch in the head for no apparent reason ???
Always two sides of the story

With all the idiots out there who think they are indestructable causing near accidents and risking other peoples lives just to be in front
Im not suprised we arent poppin people of with hand guns

my_gxl · 28-02-2011, 06:32 PM

Quote:

Originally Posted by 302 XC

So ya mate got a punch in the head for no apparent reason ???
Always two sides of the story

With all the idiots out there who think they are indestructable causing near accidents and risking other peoples lives just to be in front
Im not suprised we arent poppin people of with hand guns

Well the guy that pulled out right in front of me this morning-in a rav 4- should have got his head caved in. I had to get on the brakes, and start heading for the other lane-good thing I knew it was empty. If it wasn't he was my target.

Geez Louise · 28-02-2011, 10:07 AM

Your mate cops a punch in the face and YOU are getting charged with assault??

You went and hit the guy that punched your mate yes?

Two wrongs don't make a right!

vibe_xr6 · 28-02-2011, 10:07 AM

oh he said something about going so slow, but we were doing the speed limit, im pretty sure his brain was frying from something illegal !
im suprised he didnt smash the window !

vibe_xr6 · 28-02-2011, 10:09 AM

well my mate had done nothing wrong, i relise i done the wrong thing but i was just sticking up for my mate, i just cant see why im getting charged when it was an act of self defence, what were we supposed to do? run the red light

Geez Louise · 28-02-2011, 10:18 AM

Quote:

Originally Posted by hazxr6mk2

well my mate had done nothing wrong, i relise i done the wrong thing but i was just sticking up for my mate, i just cant see why im getting charged when it was an act of self defence, what were we supposed to do? run the red light

How can it be self defence if you were not the one hit? Have I got my understanding of the law completely wrong??

Perhaps you should have called the cops straight away, gotten the guys rego and let that be that! From what I am reading, you had a bit of rage yourself.

Franco Cozzo · 28-02-2011, 10:43 AM

Quote:

Originally Posted by Geez Louise

How can it be self defence if you were not the one hit? Have I got my understanding of the law completely wrong??

Perhaps you should have called the cops straight away, gotten the guys rego and let that be that! From what I am reading, you had a bit of rage yourself.

Generally, the police are least helpful in those situations, by the time they rock up, the offender is long gone.

Rodp · 28-02-2011, 10:55 AM

Quote:

Originally Posted by hazxr6mk2

well my mate had done nothing wrong, i relise i done the wrong thing but i was just sticking up for my mate, i just cant see why im getting charged when it was an act of self defence, what were we supposed to do? run the red light

Given that you've been charged with grievous bodily harm, you've probably given him a bit of a flogging? The law doesn't see that as self-defence, sadly - even though he's likely deserved a flogging.

All you can do is plead your case with the facts and see what the beak has to say. If it were me, I would have said that after your friend was punched, you felt he still posed a threat and because it would have been dangerous to proceed through an intersection with a red light. You had no choice but to physically subdue him.

Ibrox90 · 28-02-2011, 11:09 AM

Quote:

Originally Posted by Rodp

Given that you've been charged with grievous bodily harm, you've probably given him a bit of a flogging? The law doesn't see that as self-defence, sadly - even though he's likely deserved a flogging.

All you can do is plead your case with the facts and see what the beak has to say. If it were me, I would have said that after your friend was punched, you felt he still posed a threat and because it would have been dangerous to proceed through an intersection with a red light. You had no choice but to physically subdue him.

lol that quote reminds me of when i used to work at the casino in security.

"Well sir, in that case we can arrange for you to be physically assisted from the premises

**DJM83** · 28-02-2011, 01:06 PM

Quote:

Originally Posted by Rodp

Given that you've been charged with grievous bodily harm, you've probably given him a bit of a flogging? The law doesn't see that as self-defence, sadly - even though he's likely deserved a flogging.

All you can do is plead your case with the facts and see what the beak has to say. If it were me, I would have said that after your friend was punched, you felt he still posed a threat and because it would have been dangerous to proceed through an intersection with a red light. You had no choice but to physically subdue him.

+1 good advice

fmc351 · 28-02-2011, 11:36 AM

Quote:

Originally Posted by hazxr6mk2

well my mate had done nothing wrong, i relise i done the wrong thing but i was just sticking up for my mate, i just cant see why im getting charged when it was an act of self defence, what were we supposed to do? run the red light

Self defence no.

Defence of another, maybe. Depends what state this happened in.

stang65 · 28-02-2011, 10:50 AM

Without being there, I think a lot of you guys are not giving the thread opener any benefit of doubt. What happens if it happend exactly as he said?

If I`m sitting in the car and someone punches my friend in the head I am meant to smile at him?

Too many people are ready to go on the attack in this forum, There are always 2 sides to the story, I have seen people act stupidly on the road, the thread opener may had been doing the speed limit and the other guy might of wanted to pass him and cracked the sads.

Ben73 · 28-02-2011, 11:13 AM

I'm gonna say the other guy deserved what you gave him. I hope your mate charges him with physical assault as well.

It doesn't matter if your mate was speeding, doing the limit, or going slow. There is no need to walk up to someone at the lights and hit them. I have seen it done before and It is uncalled for.

Plus I would never put my window down more then an inch if a random person came up to it.

Zero_PSI · 28-02-2011, 11:17 AM

It's not like it's anything new for people to explode and do stupid **** like the original story said. I once had a guy slam on his brakes get out of his car, screaming "what the **** are you looking at" and try to grab at my door handle....I wasn't looking at him?

The justice system is a joke. My brother was heckled for months by the local teenage dropkicks when he was younger. He could've dropped their entire group if he wanted to but he swallowed it and kept going about his life. For months we went to the police about them doing burnouts infront of ours and my brothers house, them abusing him and throwing things at his car...still they cop said "Can't do anything till there's some property damage or assult". Eventually my brother had enough and levelled their fearless leader. My brother ended up in court on a assult charge. Luckily he got away with a behaviour bond. I hope you get off as easy.

TC200six · 28-02-2011, 11:45 AM

I was in a situation last year when a disgusting looking tradie guy starts tailgating me when I was doing the speed limit. He started yelling uncontrollably from his own car as he was behind me and when I pulled over, he pulled up parallel to me and starting yelling so fast and uncontrollably I couldn't understand a word he said (other than that he would have been swearing a lot).

I tried to drive off again, but he drove forward to block me off. I ended up giving him the finger and he stormed out of his car which allowed me to take off. I accelerated hard because he was probably going to punch the side of my car, he came inches from touching my car as he ran after me as I drove off.

I did a U-turn at the next roundabout, knowing he would have driven off by then and then I see him coming up the wrong side of the road trying to intimidate me, I drove straight towards him with my horn on. He quickly jumped back to his side of the road.

I sometimes wish I ran the ******** over after he got out of his car. But no, that would make me worse than him. Thankfully I haven't seen him for a long time.

vibe_xr6 · 28-02-2011, 11:45 AM

thanks all for your comments, it happened exactly how it was said, yeah it probaly was self defence for me also as he had already hit my mate so chances were i was next, i think the law is totally wrong with this, if it was a girl that it happened to, i bet she would not have got charged ( thats not bagging out girls )
and to answer one of the questions, no i didnt give him a good flogging i simply punched him 3 times and slammed him on the car, i could have kept going but i thought he had enough, he is known to police so that might be in my favour, but as far as me getting charged, i cannot work it out, thanks all for your comments and ill keep you's posted of the final out come
edit. i also have been told there were 2 witnesses that have told there statement and its in my favour, can these charges get dropped before i go to court ?

dave289 · 28-02-2011, 12:58 PM

Quote:

Originally Posted by hazxr6mk2

thanks all for your comments, it happened exactly how it was said, yeah it probaly was self defence for me also as he had already hit my mate so chances were i was next, i think the law is totally wrong with this, if it was a girl that it happened to, i bet she would not have got charged ( thats not bagging out girls )
and to answer one of the questions, no i didnt give him a good flogging i simply punched him 3 times and slammed him on the car, i could have kept going but i thought he had enough, he is known to police so that might be in my favour, but as far as me getting charged, i cannot work it out, thanks all for your comments and ill keep you's posted of the final out come
edit. i also have been told there were 2 witnesses that have told there statement and its in my favour, can these charges get dropped before i go to court ?

Dont worry to much mate, you should get off. You gave the bloke what he deserved, for all we know it could be someones mother or grandmother he hits next time while on drugs or whatever. It will probably have to go through the court procedure now. There is no point losing any sleep over it or dwelling on it too much. **** happens and before you know it it will all be sorted out.The judge will listen too what happened ,know strait away this moron is in the wrong and deserved what he got cause he is the sort of person this judge is sick of seeing in our society, he wont thankyou for doing the right thing even though that is what he will be thinking. You will be sweet. Was this guy charged with hitting your mate ?

peeds13 · 28-02-2011, 01:19 PM

You gotta say you feared for you and your friends life so thats why you hit him. Its all how you word it in court. You have to make out like you where scared and that was the last resort to stop this guy hurting your mate and/or you further. I've had the same sort of situation but it was my sister driving and me in the passenger, a guy stopped in the middle of the road. No indacation and my sister beeped her horn and drove around him. He then tailgated her and flashed his lights all the way home, driving on the wrong side of the road trying to run her of the road. Then when we got home, he jumped out of his car to come abuse her or whatever. I just decided I wasnt going to allow my 55kg little sister to be attacked so I beat the guy. Anyway, went to court aswell and got away with it for defending my sister by wording it like that.

Peter B - CV8 · 28-02-2011, 01:29 PM

If the various witnesses confirm your version of events then you should be fine. It might not hurt to visit your local GP & get a referral to a physchologist. After all, your suffering from anxiety as a result of the incident
& are worried about something else that might trigger a similar event. Magistrates love the fact that you have already sought/obtained professional assistance to help manage your "issues" (wether you have any or not).

Zero_PSI · 28-02-2011, 12:53 PM

The guy pushing the charges can drop em when ever he likes before it goes to court. Your mate should charge him though.

SB076 · 28-02-2011, 01:03 PM

Is your mate charging him with assault? If not might be a good idea to get your mate to charge him with assault, that way you might all decide to drop charges.

XR6_661 · 28-02-2011, 01:16 PM

The best self-defence is to walk away.

pottery beige · 28-02-2011, 01:30 PM

Quote:

Originally Posted by XR6_661

The best self-defence is to walk away.

yep.. no fun coppin a knifin in the guts from some loose kent........

nuthin' fancy · 28-02-2011, 03:50 PM

Quote:

Originally Posted by pottery beige

yep.. no fun coppin a knifin in the guts from some loose kent........

Absolutely right, you are better to not engage them than find out you are dealing with someone, for whatever reason, doesn't care whether you live or die.

Get the rego, drive off, call the cops.

The cops then have a job to do, not you. Self defence and reasonable force can be made to look completely different in court by an experienced lawyer (I hate those pr!cks). When you end up in court it is about the law, nothing to do with right or wrong.

Aaargh, don't get me started on lawyers.

Yellow_Festiva · 28-02-2011, 01:34 PM

Quote:

Originally Posted by XR6_661

The best self-defence is to walk away.

That's absolute rubbish.... So what you are saying, is if your mum, dad, brother, sister gets a beating in front of you you will just walk away??

You have every right to stop the fight, if you then become involved you also have every right to defend yourself.

How far you then take it is the grey area.

XR6_661 · 28-02-2011, 01:41 PM

Quote:

Originally Posted by Yellow_Festiva

That's absolute rubbish.... So what you are saying, is if your mum, dad, brother, sister gets a beating in front of you you will just walk away??

You have every right to stop the fight, if you then become involved you also have every right to defend yourself.

How far you then take it is the grey area.

I stand by my point.

And your statement about defending family is rubbish, what kind of question is that.

nuthin' fancy · 28-02-2011, 03:54 PM

Quote:

Originally Posted by Yellow_Festiva

That's absolute rubbish.... So what you are saying, is if your mum, dad, brother, sister gets a beating in front of you you will just walk away??

You have every right to stop the fight, if you then become involved you also have every right to defend yourself.

How far you then take it is the grey area.

He's saying the safer option was to stay in the car and drive off.

Yellow_Festiva · 28-02-2011, 05:09 PM

Quote:

Originally Posted by nuthin' fancy

He's saying the safer option was to stay in the car and drive off.

Yes, in this case that is correct. But a blanket "it's best to walk away" is not always feasible.

Read my reply. I state that you should (if possible) stop a fight. You should also defend yourself should you be on the receiving end.

If you then do more than defend yourself, then yes, that is a no-no.