Broadly defined, “road rage” is overreacting to some perceived provocation or slight by another driver and expressing your anger and frustration in a manner that is:
- reckless,
- threatening, or
- violent.1
There is no specific offense in California called “road rage.” However, if you act out road rage, it could lead to a driver’s license suspension and various criminal charges depending on how exactly you express your anger. Four common criminal charges for a road rage incident are discussed below.
1. Aggressive or Reckless Driving
California Vehicle Code 23103 VC makes it a crime to “drive a vehicle upon a highway in willful or wanton disregard for the safety of persons or property.”
Courts will look at such things as speeding, swerving, tailgating or other displays to determine whether you violated the law. A misdemeanor conviction carries:
- up to $1,000 in fines and/or
- up to 90 days in jail.
The penalties can be higher if your reckless driving causes bodily injury to someone else.2
2. Assault
If you threaten or attempt to apply force to another driver or pedestrian – and the other person reasonably believes you will harm them – you face assault charges under Penal Code 240 PC.
Simple assault is a misdemeanor that could result in:
- up to $1,000 in fines and/or
- up to 6 months in jail.3
3. Assault with a Deadly Weapon
A car can be considered a “deadly weapon” under California law. If you use a car in a way that could be considered assault – such as by purposefully speeding toward a pedestrian and swerving at the last second – you could face charges for assault with a deadly weapon under Penal Code 245 PC.
Assault with a deadly weapon can be charged either as a misdemeanor or a felony. A felony conviction could result in up to four years in State Prison. If you pull out a gun, you could also face charges for brandishing a firearm under Penal Code 417 PC.4
4. Battery
If your road rage actually results in you hitting or using force against someone else, you could face battery charges under Penal Code 242 PC.
Consequences of a simple battery conviction include:
- up to $2,000 in fines and/or
- up to 6 months in jail.
A battery that results in serious bodily injury is a separate criminal offense under Penal Code Section 243(d) with more severe penalties.5
Road rage can lead to such criminal charges as assault, battery, and reckless driving.
License Suspensions for Road Rage (13210 CVC)
If you engaged in road rage, 13210 CVC permits the California DMV to suspend your driver’s license for:
- up to 6 months for a first-time offense, or
- up to 1 year for a subsequent offense.
There are two ways the DMV can suspend your license for road rage:
- finding that you lack the skill to drive, or
- declaring you a negligent operator for accumulating too many demerit points.
Either way, you can request an administrative hearing to challenge the license suspension. You are allowed to have a criminal defense attorney to represent you.6
Note that in some cases, you may be able to keep your license once you complete a court-approved:
- anger management course and/or
- road rage educational course.
Road Rage FAQs
Is road rage a crime in California?
No. However, an episode of road rage could make you vulnerable to such criminal charges as:
- reckless driving (VC 23103),
- assault (PC 240),
- assault with a deadly weapon (PC 245), and/or
- battery (PC 242).
Other charges less commonly charged in road rage incidents include:
- aggravated battery (PC 243(d))
- attempted murder (PC 644/187)
- brandishing a weapon (PC 417)
- criminal threats (PC 422)
- driving under the influence (VC 23152)
- gun enhancement (PC 12022.53)
- murder (PC 187)
- shooting at an unoccupied vehicle (PC 247(b))
Can I lose my license?
Yes. The California DMV can punish you for a road rage incident by suspending your driver’s license for six months for a first-time offense or one year for a subsequent offense. The DMV can do this even if you never get charged or convicted of a crime.
How can I fight the charges?
Depending on the circumstances of the case, you may try to fight road rage-related criminal charges by arguing:
- you acted in lawful self-defense;
- there was an emergency, and you acted out of necessity;
- the incident was an accident; and/or
- you broke no traffic laws.
If you contact us right after your arrest, we can reach out to the prosecutors in what is called a “prefile intervention.” This is where we try to dissuade them from bringing charges at all.
Otherwise, we can usually get road rage-related charges reduced or dismissed through a plea bargain.
Can I sue if I am the victim of road rage?
If you are the victim of road rage, you may be able to sue the at-fault parties for:
- assault;
- battery;
- negligence per se;
- intentional infliction of emotional distress; and/or
- trespass to chattel.
You can seek money damages to compensate you for:
- medical expenses;
- lost wages from being too injured to work;
- pain and suffering; and/or
- property damage.
You may also be eligible for punitive damages if the at-fault party acted in a particularly shocking or malicious way.7
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Road rage: a psychiatric phenomenon? – Social Psychiatry and Psychiatric Epidemiology.
- Road Rage – The Journal for Justice Professionals.
- Driving Frequency and Its Impact on Road Rage Offending and Victimization: A View From Opportunity Theory – Violence and Victims.
- American Road Rage: A Scary and Tangled Cultural-Legal Pastiche – Nebraska Law Review.
- The “Homogamy” of Road Rage: Understanding the Relationship Between Victimization and Offending Among Aggressive and Violent Motorists – Violence and Victims.
Legal References
- Kephart v. Genuity, Inc. () .
- Vehicle Code 23103 VC.
- Penal Code 240 PC.
- Penal Code 245(a)(1) PC.
- Same.
- Vehicle Code 13210 CVC.
- See Gray v. Zurich Ins. Co. (1966) 65 Cal. 2d 263.
