Calling the police about road rage is all the rage today. Did you know that most any expression of anger toward another driver in Denver may qualify for this potentially serious felony charge? The statute definition of Colorado’s Menacing offense reads:
A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury.
If a deadly weapon or the threat of a deadly weapon is involved, Menacing is a class five felony. Otherwise, it is a class 3 misdemeanor.
Menacing in the Real World: Subjective
The problem I have with this offense is its real world application in Jefferson and Arapahoe County. It is subjective on the part of the victim. How can you or I control whether a person is placed in fear of imminent serious bodily injury? We don’t know the sensitivity of a particular person – nor do we control their sensitivity. As a result, conduct which might place one person in fear will not place another person in fear. We are left to guess as to whether or not someone will be in fear by what we did.
Be Safe – Don’t Respond to Aggressive Drivers
The safest practice is to keep to yourself and not retaliate against aggressive or violent drivers. Sure, we need to protect ourselves from harm, but absent actual contact with you, the best practice is to stay in your car and don’t respond to bad drivers. If a collision occurs, call the police.
We have had several Menacing cases in Adams and El Paso County where our clients held up a gun or knife in response to road rage and dangerous drivers. What did those drivers do? They called the police on our clients. And, unfortunately, the police could not have cared less about the bad driver’s conduct. They focused 100% on what our clients did. They arrested and charged our clients with felony menacing.
Don’t respond to aggressive or dangerous drivers. Ignore them. You will come out ahead in the long run, although it may sting a bit in the short run. If facing false allegations of Menacing or true allegations of Menacing, be smart, remain silent, and call the best Menacing lawyers at 303-830-0880. Together, we can protect your future.
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