July 30, 2012 By Wallin & Klarich

Everyone has read about “road rage” incidents where drivers on the roadway become upset with each other and engage in reckless conduct. Of course we all realize that such conduct is extremely dangerous and can result in serious injury or death when the road rage incident escalates. However, people do not realize that it is highly likely that at least one of the participants engaging in “road rage” will be arrested for assault with a deadly weapon in California (Penal Code Section 245).

If the DA files criminal charges and alleges that a person used his vehicle as the “deadly weapon” in trying to injure another person, he will be facing a possible state prison sentence.

In fact, if you drive your vehicle in the direction of another person or vehicle occupied by persons you can be found guilty of Penal Code Section 245 whether or not you actually injure anyone.

However, that is not the end of the “punishment” if you are found guilty of this crime, for conviction for a violation of Penal Code section 245, which includes a finding that you used a motor vehicle in the commission of the crime, will result in your driving privilege in California being revoked FOR LIFE. Yes you read that correctly-FOR LIFE.

This means that you can never legally drive in California for the rest of your life. How many people in California can survive without the ability to drive a motor vehicle legally?

I would strongly suggest that the next time you feel yourself getting angry at another driver on the road because you believe they “cut you off” or “cut in front of you,” you take a deep breathe and appreciate all the good things in life. The fact that another driver was “rude” and didn’t follow the rules of safely driving should not be cause for you to retaliate. You can always contact 911 if you believe the other driver is a hazard and may injure others.

Wallin and Klarich has been helping people accused of assault with a deadly weapon charges for over 30 years. We have also helped thousands of people in California when the DMV has been trying to take their driving privilege from them. Please call the Orange County criminal defense attorneys at 888-280-6839 for immediate assistance if you are facing criminal charges for assault with a deadly weapon in Southern California.

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