Scenario: Drunk driver comin' atchya?

[Bunny]

While on the way home from the range today, Bunny Jr. brought up a scenario that I just could not for the life of me figure out. What do you guys think? I know state laws all vary, but here goes:

You're driving on the road and someone comes up behind you and bumps your car. (Bunny Jr. said that for his theory, the driver is very drunk!) Suddenly you find yourself in a ditch, your car is completely disabled, and the DUI guy backs up and rams you again!

His question: do you get out and shoot at the car/engine/tires as the DUI Dude is coming back for a third ram?

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My response: asked if the car was totally disabled and there was no way to put it in drive and get the heck out of the way, he said nope, car is totally dead.

I thought that perhaps if you have enough time to get out, take aim, and fire, then you have enough time to get out and run out of the way...NC law states we have a duty to retreat unless in our home.

Bunny Jr. countered with "Mom, someone coming at you with their car means to kill you. A car is a deadly weapon, your life is in danger, shooting the engine out would be self defense, wouldn't it?"

At which point, I said I honestly don't know. What if it ricochets and hits a passing innocent motorist? How do you know the driver is really drunk? But I guess it wouldn't matter anyway, right? There are so many variables.

WHAT WOULD YOU DO?

[DefensiveCarry.com]

[ezenbrowntow]

I don't like my chances of shooting the engine out. If I'm going to shoot, which would depending on my availability of exits, I'd be aiming for the driver's seat, not the engine. A handgun round isn't a reliable "vehicle stopper". :)

I would assume multiple rams would little to do with a drunk driver, but more along the lines of robber/serial killer/kidnapper/etc. I'm running for safety if the terrain allows it. Let him/her come after me on foot and even the playing field somewhat.

[PastorPack]

Nope, I let him/her keep smashing my car. If I'm am safely out and family is safe, not a justifiable shoot. However, if he then comes after me/family while we are on foot, that may change my answer.

[Joel]

I would just say "pay him" the amount that you two agreed on, he did what you asked, the car is totalled and now you file the insurance claim.

You never liked that car anyhow.

[TucAzRider]

Nope, I let him/her keep smashing my car. If I'm am safely out and family is safe, not a justifiable shoot. However, if he then comes after me/family while we are on foot, that may change my answer.

Yep.. That is my answer too,.. I agree that a car isn't worth what your going to go through if you shoot the driver,. A handgun will do little for the engine unless you happened to hit something important like the coil or fuel line,... And well the tires?? He is going to need them tires to get away and that is what I would be hoping he would do.. Now if he turned that car towards me or my family,.. that would be justifiable.. IMO...

[archer51]

As long as your out of the car and safely away from it, let him have his fun. When he decides the car is no long fun and comes at you again, stop the threat any way you can.
That being said, I think you could justify shooting in either circumstance. The first hit could be classified as an accident. When he rammed you the second time he committed assault with a deadly weapon and you are defending yourself.
Of course it is all going to depend on how the DA and a grand jury wants to view it.

[Stirling XD]

If your car is stuck in the ditch, then maybe the other side of the ditch will offer you the needed protection. However, if that fails, it's time to open fire.

Unfortunately, there is no good place to shoot a car that will stop it consistently. And that includes the driver. Cars can still move with flat tires. A punctured radiator will cause an engine to overheat, but not soon enough. And if you hit the driver, there is a chance that his now limp foot will stomp gas and send the car on its way aimlessly until it hits something big enough to stop it.

I posed a similar question on another forum a while back. "Where would you shoot a car to stop it?" You might get lucky and hit a fuel line or some critical electronics, but luck is the only way you would hit it.

Most people said the best place to aim was for the nut behind the wheel. He may stomp the accelerator as he becomes incapacitated, but he will likely only get one pass at you.

Avoid shooting if you can, but if you can’t, aim for the source of the problem.

[mlr1m]

This guy is using a deadly weapon in an attempt to do you great bodily harm. Is it because the weapon is a item that we take for granted that makes some of us think its not an imminent threat? What if he had us trapped in the car and was using a ball bat or a sledge hammer?

Michael

[mcp1810]

Depending on where I am and a bunch of other factors I might just get clear and let him have at it. If my kids are with me that changes things a bit. Fortunately my truck is a Diesel so I don't have as much of a fire concern as if we were in a gas burner. My truck also has a curb weight around six thousand pounds. When it comes down to the physics of it he may very well demolish his own vehicle while working on mine.
If it does look like it is time to shoot, the handgun is only there to buy me time to access the truck rifle. Anything worth shooting is worth shooting well.

[rottkeeper]

The driver has already used deadly force, if you are out of the car now you have no protection and can't outrun their vehicle. I believe you would be justified in using deadly force. JMHO

[IronMike]

Exit van fast and safely,cover,wait for the Law.A 9mm wont stop a car even from a Sig239(sorry).



Besides that Jr is more than likely out of .22 ammo!

[Blackeagle]

A pistol is a lousy tool for stopping a vehicle.

[Janq]

Nope, I let him/her keep smashing my car. If I'm am safely out and family is safe, not a justifiable shoot. However, if he then comes after me/family while we are on foot, that may change my answer.

Bingo. ^^

Easy item to resolve and 'figure', just reference 'J.A.M.'.

Damage/destruction of private property (motor vehicle) is _not_ a capital punishment offense, without any regard to the persons state of being as in drunk, drugged, angry, mental, or completely sane.

- Janq

[retsupt99]

Run off the road?
Hit from behind?
After the second hit (with a 3000# bullet)...I'm going to fear for my life and some bad things are about to happen.

[rottkeeper]

Bingo. ^^

Easy item to resolve and 'figure', just reference 'J.A.M.'.

Damage/destruction of private property (motor vehicle) is _not_ a capital punishment offense, without any regard to the persons state of being as in drunk, drugged, angry, mental, or completely sane.

- Janq

I believe that would only be true if the vehicle had been empty when rammed, being there were occupants in the vehicle at the time it would at least be vehicular assault. OMO