Self defense ......or not?

[KFinn]

If you get out of the car, you have just eliminated all possible ways of protecting your kid that is strapped into the car seat, except for shooting a person who otherwise wasn't any where near your kid.

I still dont think you have eliminated all possible ways of protecting. You have elimitated any vehicular ways. And I don't think the only option left is shooting at him if you are out of your vehicle.

JMO

[Irving]

I guess the point is that getting out of your vehicle is only voluntarily putting yourself into danger. The cops should have been called long before any of this stuff happened. The fact that this took place over miles and minutes shows that it was not self defense.

[KFinn]

true.... still doesn't mean it isn't in some way protecting the daughter.

True....

Just playing devils advocate

[275RLTW]

The fact that this took place over miles and minutes shows that it was not self defense.

I would be careful with that statement as not to limit self defense to a time or distance constraint. I agree that he did the wrong thing, but defending one's self (if that is how it is ruled) can not fit into a mold or box of time standards or mileage restrictions.

[Irving]

I know what you mean, but when this guy continued to instigate this for miles and minutes, it goes out the window. I understand that this could have turned into a real self-defense situation, but in this case, it didn't.

[SA Friday]

So, the car couldn't outrun a dump truck? Guess Mad Max the dump truck driver dropped a serious big block in that thing with some NO2...

No way self defense.

[Irving]

I just want to make it clear that I'm basing my opinions strictly based on THIS situation. We could go all day making up other things, but in this particular one, like my protege Fryday has suggested, no way self defense.

[litewavve]

So, the car couldn't outrun a dump truck? Guess Mad Max the dump truck driver dropped a serious big block in that thing with some NO2...

No way self defense.

It was in the onset of rush hours. The average speed was 30 miles/hour on highway, much slower near entrances. It probably started when the Jaguar driver did not allow the truck to merge before him.

[TFOGGER]

Tenets of self defense as justification: Clear and immediate danger, which is subject to opinion in this case, as there was clear escalation on both sides, and no evidence of any attempt to defuse the situation. The truck driver had already demonstrated that he was willing and able to act violently, so the driver of the Jag has that going for him, even after they came to a stop.

The other criteria for self defense involves a reasonable expectation to flee if it is safe, as castle doctrine does not extend to protecting your lane position on the Interstate(something drivers on I-25 should be reminded of). The Jag driver was under no obligation to yield right of way to the truck driver, but the entire situation could have been avoided had he done so. Driving aggressively would fall under the category of provocation, and would seem to strip him of any reasonable self defense claim.

Besides, marksmanship that bad SHOULD be criminal.....

I say that justice is served by putting both of these hotheads in the clink.

I

[SA Friday]

I've traveled in rush hour traffic in London, Seoul, San Fran, Sacramento, Denver, Cinnci, DC, and Madrid. If you are moving at 30, there's room to get over and away for a Jag. Probably not the dump truck.

No way self defense.