When Road Rage Escalates – to Battery

Indiana’s “Road Rage” law – technically known as the crime of “Aggressive Driving” – applies in situations where a driver is accused of engaging in several different types of annoying, unsafe, or aggressive behavior while driving. The Aggressive Driving statute is sort of a “recipe crime” – there is a list of 9 “bad driving” acts, and committing at least 3 of them can lead to an Aggressive Driving charge.

But it’s also possible for Aggressive Driving to lead to a Battery charge. That could happen if the driver’s vehicle hits someone while the driver is acting in what the battery statute calls “a rude, insolent, or angry manner.”

The Recipe for Aggressive Driving

Any three or more of the following acts committed while driving a vehicle can lead to an Aggressive Driving charge:

• Driving too closely
• Unsafe vehicle operation
• Passing on the right
• Unsafe stopping (stopping short)
• Unnecessary honking
• Failure to yield
• Failure to obey a stop light, stop sign, yield sign, or similar
• Driving at an unsafe speed
• Repeatedly flashing the vehicle’s headlights

If any three of these acts are committed “with the intent to harass or intimidate” someone in another vehicle, the driver can be convicted of a Class A misdemeanor. It is a level 6 felony if a highway worker is injured, the driver has a prior Aggressive Driving conviction within the past 5 years, or if the driver is intoxicated. If a highway worker is killed, the crime becomes a Level 5 felony.

Battery

Battery can be charged when someone “touches another person in a rude, insolent, or angry manner.” This doesn’t mean that the touch needs to be skin-to-skin; for example, someone can use a bat to commit battery or, in theory, a vehicle.

Battery is a Class B misdemeanor, which is not as serious as a Class A misdemeanor. However, if Battery results in “moderate bodily injury” to the victim, it is a Level 6 felony, and if the victim is seriously injured, it is a Level 5 felony. In these cases, the victim does not need to be a highway worker (unlike with the more serious parts of the Aggressive Driving law). Depending on the age or status of the victim and the seriousness of the injury (or if death occurs), battery can be a Level 4, 3, or 2 felony.

Razumich & Associates Can Defend You Against Aggressive Driving Charges

If you’ve been accused of Aggressive Driving, Battery, or any other potentially serious criminal charge, Razumich & Associates is here to help. Our experienced attorneys understand Indiana’s criminal laws and court procedures, and we are ready to vigorously defend you against charges that can leave you with a criminal record and send you to prison for months or even years.

Call Razumich & Associates today at 317-983-5333 or use our contact form, and we will get back to you to discuss your case. We are here 24/7 and are Ready to Fight for your defense!