The Bronx, NY asked in Criminal Law, Civil Rights and Municipal Law for New York

Q: A driver followed over took and break checked me. At a light he got out to address me. what to say in court

I was very aggressive with words when he approached my car. He tried to coax me out the car to fight I guess. How do I get his name to license plate and take him to court

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: If you feel the other driver acted recklessly in a way that endangered you, the appropriate course of action is to file a police report. Provide them with as many details as you can recall, including the location, time, vehicle description, license plate if you saw it, and a factual description of what occurred. The police can then investigate and determine if the other driver committed any traffic violations that warrant citation or charges.

However, I would caution against pursuing legal action yourself over a traffic incident, unless you suffered documentable damages or injuries. "Taking him to court" as you suggested is a lengthy, expensive process and the burden of proof would be on you to demonstrate how you were harmed by his actions. Mere verbal aggression, while upsetting, is unlikely to be sufficient grounds for a civil case.

My advice would be to report it to law enforcement, then do your best to let it go and move on. Engaging further is unlikely to be productive and could invite additional problems. If you find yourself struggling with lingering anger or anxiety from the incident, consider talking it through with a counselor or therapist. Road rage encounters can be very unsettling. Wishing you all the best.

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