Originally Posted by NV Resident
Here, the "leaning on the horn a few times" may have been viewed by law enforcement as aggravating the situation.
State vs. Fuller, 297 S.C. 440, says that "defendant must be without fault in bringing on the difficulty"
Not saying you were , but firing from one car to another would get real complicated, real fast. I imagine that it would have turned out ugly for you legal wise...
my .02 cents
You did the right thing. Firing at the car would put you in jail beyond a doubt.
If you got his tag # and called it in, criminal charges will be filed against him for H&R.
Your life was not in danger, your property was damaged and you took the correct action.
Very well done.
even brandishing your firearm in this situation would be trouble. you are in a 2-3 ton vehicle, use that to get out of the situation, just do whatever you can to get away from those people...
I don't know that firing at him would automatically send you to jail. It depends on what witnesses would have said, what kind of record the guy might have, whether he was under the influence, and a dozen other things. Needless to say, firing at a moving vehicle from a moving vehicle which you are trying to control is an incredibly bad idea.
From what you said, it doesn't sound like you have your permit or if you do, that you don't carry all the time. I believe you will notice a change in how you handle everyday situations once you start to carry.
It sounds like you learned a valuable(if costly) lesson...little things can escalate to big things(especially in road rage situations). Once you figure that out, most people will typically let the little things go. Most people become much less confrontational once they start to carry...those that don't probably should evaluate whether or not they should be carrying in the first place.
As it is, I believe you did the right thing after the encounter had escalated...adjust speed to try to get away from him. But I believe we can all agree you would have been much better off if you hadn't used the horn in the first place.
Just my .02.
I just reach over and push that button on my dash board that automatically blows them up! (in my mind of course)
Ummm.. I'm new to this forum, and so I don't want to get started on the wrong foot. However.... I feel that if someone is deliberately and physically, pushing me towards a concrete barrier at freeway speed, then I feel my life WAS indeed in danger. Given the circumstances I described, I can hardly see this as "a subjective feeling for anyone in the same position as I was. I do appreciate and thank you for reinforcing the fact that I did the right thing.:smile:
Originally Posted by golfer
Kerbouchard- I actually do have my CCW, and am familiar with Nevada's NRS 202.287, which addresses "Discharging firearm within or from structure or vehicle; penalties." I'm sure most states have similar language in their codes. This was among the many laws covered in class regarding the use of firearms.
Yes, I may have inadvertently escalated the situation by using my horn to warn someone that they were about to hit me. Lesson learned.
I'm beginning to think that the intent of my original post is slowly being taken out of context. I should have been more clear; ie., do you obey a law and perhaps die obeying it, or do you break it and live?
I'm fully aware that this is an old and very polarized issue with gun owners. Please believe me that I'm not a hard core "rather be tried by a jury of 12 than carried by...." or "pry my gun from my cold dead blah blah...." And you're right about tending to be less confrontational when you carry all the time. I've had a permit for about 15 yrs, and I carry when I feel the situation warrants it. (I may rethink this and carry everytime I leave the house though.)
Anyway, all I intended by sharing my experience, was to get a feeling of what others may do in a similar situation, and learn from their opinions.
Legally--don't shoot, too many varyables at risk, shooting one hand unless lots of pratice is difficult when trying to drive and using weak hand. Hit brakes let him go, if he puts you in a corner then you have to defend yourself! Let the threat pass/hold the anger. Remember the DA will ask- wasn't there a way out? besides deadly force?
Think about it..
I think by doing so would have landed you in jail, for a long time. That is not the type of situtation that CC is intended for and that situtation would have been viewed as road rage. Just my 2 cents...
Originally Posted by NV Resident
You should have done an accidental pit manuver on him.
You mean you don't have twin .50 cals mounted in your grill? :rofl:
Sounds like you already know the answer... get a good description and license number and grab the cellular, not the handgun! :yup:
I understand your frustration. And the situation you described did sound life threatening. But the fact that you survived without shooting indicates that you did the right thing. If you don't have time to brake to avoid the concrete barriers, you would be hard pressed to draw and get off a life saving shot.
Originally Posted by NV Resident
We have more options while inside a car than we think. Most road-ragers are in a hurry. Slow down or stop and let them go on their way. If they stop too for a face to face confrontation, let them get out of their car and then take off. Make a quick turn and leave the area. Plus, most cars can sustain a lot of damage and keep moving.
I didn't mean any disrespect or mean to imply that you do not know your laws. It sounds like you are aware of your laws and indeed understand the consequences of certain actions.
I merely meant to point out that with the world and it's people getting crazier every day, sometimes it's best not to give the one-handed salute or lean on the horn a few times.
Sometimes what may seem like a completely reasonable reaction to one person is exactly what triggers another. It doesn't make sense. But when people get behind the wheel, it seems like they leave a good portion of common sense behind. If people's reaction's made rational sense, we wouldn't need to carry in the first place.
All I wanted to point out is that as dangerous as our world is, sometimes it's better to let bygones be bygones. And for me, I personally drive much more defensively and try to anticipate other people doing stupid things so that even if they are driving like an idiot, they can't cut me off.
Personal defense includes more than just carrying a handgun. Avoiding altercations, situational awareness, and de-escalating situations are all equally important. And that includes giving an idiot room to merge.
As always, YMMV, and even if we may not agree on how to handle a certain situation, we can all learn something from your contribution.
if he had already hit me, i would have slammed on the breaks and then pitted him... but for the most part, I'd call the cops and let them deal with it... though i am quickly learning the cops around here aren't into that "long haul" sort of thing, if its not happening in the here and now, they aren't interested.
Well folks, I got some good news/bad news. The good news is that the person that hit me was caught by the NHP a few days ago for another infraction. The bad news is that this gentleman chose to enter the country illegally from below the 28th parallel, and had no drivers license, insurance, etc. And it's a wonder why auto insurance goes up. Oh well... another all too familiar case is now closed. Be safe out there, folks.
Well, at least they caught him.Hopefully, he'll get an all expenses paid trip back to where he came. BTW, where were you at the thime? Just curious if I need to keep an eye out. Are you here in Vegas, or up north?
It is more like an all expenses paid vacation to see the family back home. He will be back in NV in 2 weeks, with or without a new or rearranged name. Not really an inconvenience...and that is if he actually goes through the court proceedings. More likely he will just rearrange his name and laugh the whole time as there is a warrant out for some guy with a different name than he is using.
Originally Posted by Squawker
Misdemeanors to them are "attendance optional". The police report classified it as a "Hit and Run" implying accident, not "Vehicular Assault" or "Attempted Vehicular Homicide" which would fall under intent - such as he demonstrated.
Been there, done that, still real :banned: at the on scene LEOs and the ADA for handling the case the way that they did.