Road Rage

Sadly, we have all witnessed road rage in one way or another.  There is no offence called “road rage”, although the law has various offences which cover angry gestures, threatening behaviour, aggressive driving, and even assaults which take place.

The lowest form of road rage is individuals who gesture or shout at one another and it is possible for individuals to be charged under the Public Order Act 1986 as a result of such behaviour.  However, such prosecutions are rare due to a lack of evidence.

You may have also been a victim of aggressive driving, for example where you have been tailgated or deliberately “cut up”.  It is possible to be charged with careless or dangerous driving as a result of such aggressive acts, which are viewed dimly by the Courts.

Where physical violence has occurred, then it is possible to be charged with assault.  As the violence is connected to a road rage incident, the Court would almost certainly classify such an assault as what is known as an “aggravating feature”, which is likely to increase the sentence on the guilty individual.  Courts treat such incidents very seriously.

If you were charged with dangerous driving, for example, then this is a serious matter.  Disqualification is obligatory and the offence is treated very seriously by the Courts.  Prison is a possibility and disqualification could only be avoided if what is known as “special reasons” are established.  A disqualification will be imposed even if, for example, the start of the road rage was another driver’s poor or dangerous driving.

If you were charged with an assault arising out of a road rage incident, then the Courts may declare that custody is almost inevitable, even if you have never been convicted of any previous offence.  In the case of serious assaults arising out of road rage incidents, lengthy custodial sentences have been imposed.

Road rage incidents are common and, should you find yourself in a scenario where you have unfortunately been charged with an issue arising out of a road rage incident, please do contact our expert team on 01924 379078 or email nilso@chadlaw.co.uk