A Client’s True Road Rage Incident – Part 1

This story is a true retelling of a road rage incident and the court battle that followed. The clients name has been changed to protect his identity.

Mitch called the U.S. LawShield Emergency Hotline and spoke with attorney David Katz

This was the second time Mitch Smith needed help since he joined U.S. LawShield.  The first time he was at the drive thru window of a fast-food chain. A driver he had a previous encounter with pulled up along side him and began threatening him.  In that case, eventually, Mitch was forced to draw his gun. The aggressor drove away and called the police.  Mitch was arrested and charged with aggravated battery.  Eventually, those charges were completely dropped by the State, but that is a story for another time. 

Another Road Rage Incident

This time it was another road rage case.  Mitch had left work and was heading home, planning on stopping at Taco Bell to pick up dinner.  He was driving down I-95 when he realized he was almost past his exit.  He signaled to change lanes and checked his blind spot.  Since he did not see anyone in the lane or in his blind spot, he moved into the right-hand lane.   Almost immediately he began to notice bright headlights flashing behind him.  Admittedly, Mitch was not certain that he did not cut off the other car. 

He exited I-95.  He proceeded into the left lane of the exit ramp and the car behind him followed.  Expecting to apologize, Mitch pulled partially off the road. The other cars behavior made Mitch think maybe there had been minor contact between them which he did not notice.  Instead of pulling off the road behind him, the other car pulled up next to Mitch’s car.  Mitch lowered his window hoping to find out what was going on and why the other driver was so upset.  As his window lowered, Mitch immediately heard the female driver of the other car start yelling racial slurs at him screaming “Pussy Ass Cracker,” among other things.

Hoping to get away, Mitch drove on

Mitch realized how upset the other driver was. When the light at the end of the exit ramp turned green Mitch decided he should try to get away from her, hoping to avoid a confrontation.  As he drove away, the other driver began recording her chasing Mitch on her cell phone.  While she is chasing Mitch, the other driver is continuously calling Mitch names, particularly, “Punk Ass Bitch” and “Puss Ass Bitch!”  All of this is clearly on the recording the driver made while chasing Mitch. She continues to chase Mitch saying, “I want that bitch to pull over, that is what the fuck I really want him to do.”  Further stating that she is going to follow him “everywhere.” 

Mitch decided to continue past the Taco Bell since he did not know the other driver’s intentions.  As she continued to follow him, the irate driver continued to scream and yell and make hand gestures at Mitch.  At this point, Mitch thought to call 911, but his cell phone had fallen on the passenger side floorboard of his large van and he could not reach it.  Mitch let his emotions get the better of him and admits that on at least one occasion he brake checked the other vehicle while it continued to follow him for another ½ mile in busy rush hour traffic. 

Mitch made a quick turn at the last second onto a road that ran between the parking lots of two shopping centers hoping the other car would continue on its way.  On her video the other driver is recorded saying, “I’m damn sure gonna follow his ass wherever the fuck he be going.  I hope the bitch be fixin to pull over,” as she turns to follow Mitch. 

A Road Rage Confrontation Seemed inevitable

Realizing that a confrontation seemed inevitable at this point, and not wanting to lead the other car home, Mitch pulled to the side of the road, again hoping the other vehicle would pass him.  Unfortunately, the other car pulled in behind Mitch on the side of the road that ran along the parking lot.  The other driver continued to videotape and continued to scream from her car at Mitch.  Mitch opened his door and stuck his head and shoulders out of the car yelling back at the other driver.  The teenage son of the female driver, a large high school football player exited the other car and began approaching Mitch.  The driver of the other car puts her phone down but continues to record as she also gets out of her car rapidly approaching him.  From this point forward only audio is recorded.

Road Rage led to an armed confrontation

Fearing attack by the hostile and confrontational aggressors Mitch exited his car with an ASP held down at his side. As the pair approach him aggressively, still yelling and cursing him, Mitch raises the asp, which he has now expanded.  The driver yelled at Mitch, “You better not hit my son,” to which Mitch responds, “I’ll tell you what, I’ll bust you all in your asses.”  Her son urges the other driver to back off stating, “Mom get the fuck in the car,” to which his mother responds, “No! I ain’t getting in the fucking car, the police on the way bitch!”  After some unclear dialogue the female tells her son, “Get the fuck on.  I’m going to show this bitch.” 

Mitch states that at this point, the female walks to the trunk of her car and opens it.  In fear due to the escalating situation, Mitch reached back into his vehicle and retrieved his firearm. Mitch left his hand inside the vehicle so the gun was not seen.  On the audio you then clearly hear the opening of the trunk.  The next sound is the voice of the female aggressively saying, “what’s up, bitch?” repeatedly, getting louder as she approaches her phone which is on the dash of her car, then fading as she continues to walk toward Mitch.  The entire time her son yelled, “Mom DON’T!”

She retrieved a baseball bat from her car

According to Mitch, the female has retrieved a baseball bat from her car and is now walking toward him swinging the bat. Mitch drew his arm out of the truck repeatedly yelling, “drop the weapon, drop the weapon.”  One final time Mitch yells, “drop it!” which the female partially complies with, lowering the bat to her side and stopping her approach toward Mitch.  The son went to his mother and dragged her back to the car. Mitch yelled, “back the fuck up!” repeatedly.  The female and her son get back in their car and drive to the parking lot of the near by McDonald’s.  Mitch drives to another part of the parking lot awaiting the arrival of the police. 

When the police arrive in the parking lot of the McDonalds Mitch drives over and awaits their arrival at his car, having secured his firearm and asp.  In the meantime, many family members of the other party have also arrived on the scene.  Both Mitch and the other cars occupants tell the police what happened.  The other driver provides the police with the video and audio recording from her phone.  The police search the female’s car and scene and can find no baseball bat or other weapons anywhere on scene or in the car and of course, the occupants of the car deny having any weapons, complaining that Mitch pulled a gun on them for no reason.

A witness saw the entire Road Rage incident

To make matters worse for Mitch a “Good Samaritan” who claims to have seen it all tells the police a wildly inaccurate version of events.  According to the witness, who was not related to either party, he had seen the whole thing including the driving pattern.  He claimed the female’s car had nearly hit his trying to avoid Mitch’s car which swerved into her lane causing her to swerve into his lane.  He further claimed that Mitch had then begun chasing and harassing the female’s car as she continued to drive attempting to get away from him. 

The witness claimed that Mitch chased her onto the street between the two parking lots and got out of his car with a gun pointed at the occupants of her car.  According to the witness after yelling, screaming, and threatening the occupants of the female’s car all the while pointing a gun at them, Mitch got back into his car and the female drove away.  The witness also claimed that no one from the female’s car ever got out of it. 

Even though they had the video and audio recording, the police arrested Mitch and charged him with two counts of aggravated assault with a firearm.  The next day, Mitch was served with a Risk Protection Order.

How does this unbelievable true story end? Read Part Two of Mitch’s story – CLICK HERE

Have you got a CWFL? Learn how to lawfully carry your firearm in your car for self-defense – click here

No CWFL? You can still have a firearm in your car for self-defense. Learn how to do so legally – click here

David S. Katz

About Expert Firearm Attorney David Katz. David Katz is an Expert Firearm Attorney and has been practicing law for over 14 years. He began his career as a prosecutor in Seminole County, Florida.   There, he gained invaluable experience analyzing how...
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