Originally Posted by litesoarer

Michigan LP# DKQ-5176

Call it in if you disagree with the actions of the Honda driver.

Originally Posted by Coleroad

I'm sure the police got this information at the scene, Or had the video sent to them within a given time for investors.

Originally Posted by mjeds

if you watched the video, it is plain as day that there was no one in front of the Pilot and he/she was brake checking the tailgater. he/she hard braked and then accelerated away. The excuse of a dog in the road or sunlight in their eyes doesn't apply, the video is cut and dry, you can see in front of the Pilot and to the side, there was no reason for the brake check, and I would bet my last dollar any competent investigator would see it the same way.

what is slamming on the brakes is supposed to accomplish? The easy answer is “to get the other car to back off.” But there is an underlying answer that is more important, it is “to scare the other driver into thinking they might rear-end the front car so that they decide to back off.” This is the important distinction. Slamming the brakes is intended to cause fear, fear of a potential accident and possible injury.

The Crime of Assault, in many states, includes any action that is intended to cause fear of immediate harm in the mind of another person. To be found guilty of Assault in this context, the state must prove 4 things:

1. That the front car driver committed an act with the intent to place the driver of the second car in fear of immediate physical harm;
2. That the front car driver had the apparent ability at the time of the action to actually cause physical harm;
3. That the driver of the second car (or any other person in the area) was reasonably put in fear of physical harm; and
4. That the front car driver was not legally justified, or acting in self defense.

(1) You intentionally slammed on your brakes, with the intent to scare the second car into thinking if they don’t slow down there might be an accident – Check;
(2) you are driving a hunk of steel weighing upwards of a ton and if an accident occurs, it is likely to cause at least a minor injury – Check;
(3) someone was actually put in reasonable fear that they might immediately be hurt as a result of your action — Maybe;
(4) there is no legal justification for slamming on your brakes to scare someone – “he was tailgaiting me” is not a valid justification here — so, Check!

So, with 3 of the 4 elements being fairly obvious, as long as there is some proof or good faith belief that someone was actually scared as a result of your actions, you just committed an assault.

That having been said, just because you break a law doesn’t mean you will be charged with one.


Any investigator that watches this particular video will see there was no justification for the brake-check and subsequent accident that occurred. The tailgater is not innocent, but the driver of the Pilot should have simply moved out of the way, the video gives a clear view that the right lane was open and that there was no one in front of the Pilot Driver. it would have taken less effort to move over and let Mr. Speed Racer pass.

and Michigan (where this occurred) has a very distinct law regarding this:

http://www.legislature.mi.gov/(S(nlm...me=mcl-257-634

257.634 Driving on right half of roadway; exceptions; driving on roadway having 2 or more lanes for travel in 1 direction; traveling on freeway having 3 or more lanes for travel in same direction; ordinance regulating same subject matter prohibited; violation as civil infraction.

Sec. 634.

(1) Upon each roadway of sufficient width, the driver of a vehicle shall drive the vehicle upon the right half of the roadway, except as follows:

(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing that movement.

(b) When the right half of a roadway is closed to traffic while under construction or repair or when an obstruction exists making it necessary to drive to the left of the center of the highway. A driver who is driving on the left half of a roadway under this subdivision shall yield the right-of-way to an oncoming vehicle traveling in the proper direction upon the unobstructed portion of the roadway.

(c) When a vehicle operated by a state agency or a local authority or an agent of a state agency or local authority is engaged in work on the roadway.

(d) Upon a roadway divided into 3 marked lanes for traffic under the rules applicable on the roadway.

(2) Upon a roadway having 2 or more lanes for travel in 1 direction, the driver of a vehicle shall drive the vehicle in the extreme right-hand lane available for travel except as otherwise provided in this section. However, the driver of a vehicle may drive the vehicle in any lane lawfully available to traffic moving in the same direction of travel when the lanes are occupied by vehicles moving in substantially continuous lanes of traffic and in any left-hand lane lawfully available to traffic moving in the same direction of travel for a reasonable distance before making a left turn.

(3) This section shall not be construed to prohibit a vehicle traveling in the appropriate direction from traveling in any lane of a freeway having 3 or more lanes for travel in the same direction. However, a city, village, township, or county may not enact an ordinance which regulates the same subject matter as any provision of this subsection. The driver of a truck with a gross weight of more than 10,000 pounds, a truck tractor, or a combination of a vehicle and trailer or semitrailer shall drive the vehicle or combination of vehicles only in either of the 2 lanes farthest to the right, except for a reasonable distance when making a left turn or where a special hazard exists that requires the use of an alternative lane for safety reasons.

(4) A person who violates this section is responsible for a civil infraction.

Originally Posted by SNiiP3R

You change lanes when someon is tailgating you, you don't brake check. That's like, when you walk on the street and the jogger behind is closing in on you. Do you step aside or do you usually turn around and puch him in the nose?

Originally Posted by SNiiP3R

You change lanes when someon is tailgating you, you don't brake check. That's like, when you walk on the street and the jogger behind is closing in on you. Do you step aside or do you usually turn around and puch him in the nose?

Originally Posted by SNiiP3R

You change lanes when someon is tailgating you, you don't brake check. That's like, when you walk on the street and the jogger behind is closing in on you. Do you step aside or do you usually turn around and puch him in the nose?

Originally Posted by mmarshall

The real problem is that too many drivers, especially in the left lane, simply want to go too fast....and that's why they tailgate. Although cops and speed cameras usually won't nab you unless you are doing 10 MPH or more above the limit, posted speed limits are there for a reason. They are usually, but not always, set by traffic engineers after a careful study of a number of features.

Now...........if someone in the left lane is driving slower than the limit, and someone behind him or her clearly wants to pass (such as by flashing high-beams), then, yes, he or she should pull over and let them by. That's what the left lane is for....those doing the limit (not those who want to speed). Except for the momentary brake-checks, I don't see much evidence that the Honda driver was actually going too slow, and should have pulled over. Most of the blame (but not necessarily all) clearly rests on the Subaru driver.

Originally Posted by Coleroad

So Virginia is a you must move from the left lane to allow cars to pass speed doesn't matter same for Michigan that the op video was from

Originally Posted by LexsCTJill

It's fascinating that some are still on this.