self defense on the road
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Thread: self defense on the road

  1. self defense on the road

    Just this morning I heard a story about a road rage incident in which a driver was video taping a reckless driver on the road and pulled up beside him. The video shows the ********* driver roll his window down to reveal him pointing his pistol at the guy doing the videoing, and fired at him. This happened in my state of KY where we have stand your ground laws. Now normally I would understand 'stand your ground' laws, but am confused as to how this would, or any other self defense law, apply to while driving down the road.
    Doctor arrested in road rage incident now in Madison County jail
    What would ones rights be in this situation???

  3. #2
    It didn't sound like he was shooting at anyone but the guy that pulled up beside him. Why would you do that and be shocked that someone shoots at you? Maybe the good DR. thought he was being followed. If he was making his way through traffic (maybe in a hurry) and noticed the guy behind him was following him he may have felt threatened. The DR. may have seen him pointing something at him not knowing it was a camera. How reckless was he driving to catch up. He should have just got the plate number and left it alone.
    Certified NRA Firearms Instructor
    Oklahoma SDA Instructor
    Utah CCW Instructor

  4. #3
    Agreed. Get plate and get out of Dodge. Slam on brakes to create separation (after quick check of your 6, no need to get someone else hurt). As far as fighting back - absolutely not. Get away from that nutcase. Don't try to follow him for the police. Pull over, call 911 to report incident, plate number and description then go on your merry way.
    Typos are for the entertainment of the reader. Don't let it go to your head!

  5. self defense on the road

    He would have been wise to just get his plate and call it in. But in no way should anyone expect to be shot at for pulling up next to a car! Idiots like that guy who would shoot at a car next to him going down the road feeds the gun grabbers idea that we are all crazy or dangerous. I will fight for my right to defend myself and family but as a responsible gun owner I would not fire out of a moving car, that is inexcusable and anyone could have been shot. If I'm going to have to live with having killed someone my life had better be in danger not my pride.

  6. #5
    Join Date
    Jul 2009
    South Carolina/Charleston
    It is still all about "the presumption of a reasonable person to imminent danger". The only time this is not in play is in Castle Doctrine situations where the presumption, by law, has already determined that the forcible entry constitutes imminent danger in and of itself. Any kind of road rage just seems made to order for evasion and escaping and avoidance and just being that perfect driver like the "little old lady in pasadena". I would think the odds of actually being on the other side of a firearm pointed at you during a fluid road rage incident is small and you being in a car would allow you to avoid such a situation. If it should happen and the "perfect storm" is upon you and imminent danger cannot be avoided you go back to my original statement and you have every right to defend yourself including, if you are good enough at this stuff while in your car, to use your firrearm--key words in this last statement are "if" and "imminent danger"--trouble with road rage, IMO, is the fluid nature of it---good chance you can get away and drive to police station; good chance you were a real party to this road rage, whether you meant to be or not--list goes on and on with cars and traffic and lane changes etal.

  7. #6
    Join Date
    Jul 2010
    Houston Metro Area, Texas
    Get the license and leave, however; my right to self defense is anywhere and everywhere.

  8. #7
    Join Date
    Dec 2011
    The Great State of Texas "Remember the Alamo"
    If you can leave the situation, then leave a.s.a.p.
    If you cannot escape from the situation & someone is threatening/assaulting you -w- a deadly weapon, then do what you must do to survive.
    Fascist's are Magicians...They can make our Property, our Freedom's & even our Children 'Disappear'.

  9. #8
    Join Date
    Feb 2012
    Pittsburgh, PA
    As far as the OP's question "what are your rights?"... My question, rights to do what? The guy just shot at you (your car). You haven't been injured, the other guy isn't chasing you to keep trying to shoot, you have a means to avoid anymore direct contact with him, what more do you want to know? You have the right to live... so keep doing so.

    What you do not have the right to do is hunt him down and then shoot him. If your self-defense includes chasing them, then obviously your life was no longer in danger and therefore, you've lost your "self-defense" claim.

    As far as some of the responses I've seen, we do not know how the person filming was acting.

    Did he have a chip on his shoulder about the doctor's driving? Did he somehow make the doctor feel like his life was threatened by the way he was driving? We have no idea what happened moments before the video clip that we saw. It's quite possible the doctor felt threatened... now if that is the case, the doctor should have pulled over and called 911 instead of pulling his firearm. But, we really have no idea if the guy filming was acting like a total nutcase either.

    My other question is why are the police only charging the doctor with wanton endangerment? If the doctor was not in the right to fire his weapon, then why isn't he charged for attempted murder?


    As usual with these cases, I come up with more unanswered questions than I do with facts of the case.
    "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well armed lamb contesting the vote."
    ~ Benjamin Franklin (maybe)

  10. #9
    The Dr. did work in a prison. Could he have been threatened at one time? This guy with the camera did follow him and did pull up next to him and got shot at. Some people don't like being passed or get offended at some peoples driving. I think there is more to the story.
    Certified NRA Firearms Instructor
    Oklahoma SDA Instructor
    Utah CCW Instructor

  11. #10
    ezkl2230 Guest
    An update to the story is that the driver who pulled his gun is a prison employee, A prison doctor. While I don't support what that driver did, it will be interesting to see if he claims that he pulled his gun because he thought he was being followed by an associate or relative of a prisoner and felt that his life was in danger.

    On a side note, if texting while driving is considered reckless, then what is use of a cell phone video camera? The driver who used his cell phone video camera could just as easily have noted the reckless driver's license number and called the police. His own actions were intimidating and reckless IMHO.

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