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Road Rage in California: 4 Ways to Get Criminal Charges

In California, road rage incidents can lead to criminal charges if aggressive driving behaviors result in threats, assaults, or actual physical harm to others. Actions such as brandishing a weapon, reckless driving, or intentionally causing a collision can result in charges ranging from misdemeanors to felonies. Consequences may include fines, imprisonment, and suspension of driving privileges.
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Collen Clark Published by Collen Clark

What is Road Rage and How is it Different from Aggressive Driving?

To understand the complex behaviors driving road rage, it helps to distinguish between aggressive driving and road rage itself.

Definition of Aggressive Driving
Aggressive driving involves using a motor vehicle in ways that endanger other drivers, pedestrians, or property. Examples include speeding in heavy traffic, frequently changing lanes without notice, tailgating, running red lights, making turns without signaling, and blocking other vehicles from merging or passing.

Road Rage Definition

Road rage is when aggressive driving escalates to deliberately threatening behavior toward others. This extreme form of driving may include rude gestures, profanity, or other outward signs of aggression. Sometimes road rage spills out from behind the wheel. Perhaps an enraged driver exits their vehicle and seeks to confront you. Maybe they feel it was you who was behaving carelessly on the road or endangering other people on the highway.

In more extreme cases, road rage may involve using a vehicle as a weapon to cause harm, such as attempting to damage another vehicle by bumping, sideswiping, or ramming it, or by harassing other drivers through dangerous actions like throwing objects, using headlights to impair visibility, or abrupt braking. Regardless of its form, road rage and aggressive driving can be highly dangerous, potentially even fatal.

How Can Road Rage Get You Charged With a Crime in California?

According to SCLG, four possible criminal charges for a road rage incident include [1]:

  1. Reckless Driving: Under California Vehicle Code 23103 VC, it is a crime to drive a vehicle on a highway with willful or wanton disregard for the safety of persons or property. Actions like speeding, swerving, and tailgating are considered. Convictions can result in fines up to $1,000 and up to 90 days in jail, with harsher penalties if reckless driving causes injury or great bodily injury to another person.
  2. Assault: If an angry driver threatens or attempts to use force against another driver or pedestrian, and the victim reasonably believes that the driver could apply force, the driver could be charged with assault under Penal Code 240 PC. Assault is a misdemeanor punishable by up to six months in jail and fines up to $1,000.
  3. Assault with a Deadly Weapon: A car can be deemed a deadly weapon in California. If a driver uses a vehicle to threaten harm, such as by speeding toward a pedestrian and swerving at the last moment, they could be charged under Penal Code 245. This charge can be a misdemeanor or felony, with felony convictions carrying up to four years in state prison. Additionally, brandishing a firearm during a road rage incident can result in charges under Penal Code 417.
  4. Battery: If road rage leads to the driver physically hitting or using force against someone, they could face battery charges under Penal Code 242 PC. Battery convictions can result in fines up to $2,000 and/or up to six months in county jail. If the battery causes serious bodily injury, it becomes a more severe offense under Penal Code 243(d) with stricter penalties.

Managing Stress and Preventing Road Rage: Tips for Safe Driving

Obey Traffic Laws
Following all California traffic laws, including posted speed limits, traffic signals, and road signs, helps you develop predictable driving habits and demonstrates respect for other road users. For example, when you follow the posted speed limit on a highway, you ensure that you maintain your speed and are less likely to cause an accident with another driver.

Avoid Tailgating
Tailgating, or following too closely behind other drivers, can provoke frustration and anger, potentially leading to accidents from sudden braking or speeding. The California Vehicle Code 21703 specifically prohibits tailgating, emphasizing the importance of maintaining a safe following distance.

The Three-Second Rule
Apply the three-second rule to ensure a safe following distance. Choose a stationary object on the road, and when the car in front of you passes it, count to three before you pass the same object. If you pass it before finishing your count, you’re too close and should adjust your speed to create more space.

Avoid Road Rage Triggers
Avoid taking unnecessary risks, like speeding, especially when you’re in a rush. Give yourself ample time to reach your destination, prioritizing safety over haste.

Remain Calm Behind the Wheel
Maintain a positive mindset when encountering aggressive drivers. Instead of getting frustrated, remind yourself that everyone has different priorities and pressures. Their behavior is not a personal attack, so stay calm and continue to follow California traffic laws.

Road Rage Statistics

  • Over 17 percent of drivers regularly engage in aggressive driving behaviors, including speeding, running red lights, quick lane changes, and tailgating (2022 AAA Traffic Safety Culture Index).
  • Between 2014 and 2023, road rage incidents resulted in 481 shootings and 777 deaths (The Trace).
  • Factors contributing to road rage and aggressive driving include traffic congestion, running late, and a disregard for others and the law.
  • In 2022, speeding, a common form of aggressive driving, caused 12,151 deaths on U.S. roadways (NHTSA).
  • 13.5 percent of drivers surveyed by AAA admitted to driving 15 mph over the freeway speed limit regularly or “fairly often” in the past 30 days (2022 AAA Traffic Safety Culture Index).
  • Road rage-related deaths due to gun violence increased by over 89 percent from 2020 to 2024, compared to the four years preceding the COVID-19 pandemic (The Trace).

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References:

1. https://www.shouselaw.com/ca/blog/road-rage/four-ways-road-rage-can-get-you-charged-with-a-crime-in-

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