Road Rage Incident – Fine, Without Conviction
Our client was involved in a road rage incident which began when the driver of another vehicle appeared to not see our client as he was changing into our client’s lane. Our client tooted the horn to warn him and the driver took evasive action. The driver safely moved into our client’s lane and then into the lane on the other side and came up so that they were side by side in the two lanes.
At the next set of lights, the driver of the other vehicle started yelling and our client engaged in a verbal altercation. The other driver then got out of his vehicle and punched the side mirror of the client’s car, smashing the glass. When our client got out of his vehicle to try to obtain the driver’s details, there was a tussle between them. The other driver’s son got out of the car and came around to where our client and the other driver were engaged in a physical altercation. In the exchange, a punch landed on the other driver who fell to the ground and knocked his head on the ground. He lost consciousness and was transported to hospital where he was released later that day.
Our client was then charged with the following:
- Unlawful Assault
- Recklessly Cause Injury
- Intentionally Cause Injury
- Reckless Conduct Endangering Life
- Reckless Conduct Endangering Serious Injury
We represented the client at the Ringwood Magistrates’ Court.
Following lengthy negotiations with the Police, they accepted a plea to recklessly cause injury and withdrew the other four charges against our client. We made detailed submissions to the Magistrate in the plea in mitigation about the circumstances of the offending, namely that our client had been trying to protect his property when the argument got out of hand and that the other driver had instigated the physical violence. We also made detailed submissions regarding our client’s spotless criminal record and other matters in mitigation. We invited the Magistrate to impose a “without-conviction”, a submission that was ultimately successful when the Magistrate imposed a fine without conviction.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 25/02/2013