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Vancouver Off-Topic / Current EventsThe off-topic forum for Vancouver, funnies, non-auto centered discussions, WORK SAFE. While the rules are more relaxed here, there are still rules. Please refer to sticky thread in this forum.
maybe don't flip people off unless you can back up your threat (telling him to fuck off)
just sit in your car like a pussy and take his honking next time
People flip each other off all the time.
Can't say I havn't done it before, although I am generally pretty good at letting it go.
This is all irrelevant. You can throw your hands up, flip people off, give them the jizzing sign, whatever. BUT The moment either of you get out of the car, AKA the moment one person opens their door, and steps out, that person fucked up.
It's as black and white as that. Mistakes happen, people can be assholes, etc. BUT the moment you get out of your car, you are instantaneously the moron in that situation.
What's the law for when somebody takes out a baseball bat to threaten you in traffic?
You'd have to be able to show/testify to an actual threat, or be to articulate how a threat was made. Section 264.1 of the Criminal Code.
Spoiler!
Uttering threats
264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat
(a) to cause death or bodily harm to any person;
(b) to burn, destroy or damage real or personal property; or
(c) to kill, poison or injure an animal or bird that is the property of any person.
Quote:
If they hit your car and there's minor damage but the rest of the time they are using it to just scare you
Mischief for hitting/damaging your car. Section 430 of the Criminal Code.
Spoiler!
Marginal note:Mischief
430 (1) Every one commits mischief who wilfully
(a) destroys or damages property;
(b) renders property dangerous, useless, inoperative or ineffective;
(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.
How are they using it to scare you? See Section 264.1 again.
Quote:
If they push you repeatedly but you just wait for the police to come
Assault. Section 265 of the Criminal Code.
Spoiler!
Assault
265 (1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
Marginal note:Application
(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.
Marginal note:Consent
(3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of
(a) the application of force to the complainant or to a person other than the complainant;
(b) threats or fear of the application of force to the complainant or to a person other than the complainant;
(c) fraud; or
(d) the exercise of authority.
Marginal note:Accused’s belief as to consent
(4) Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused’s belief, to consider the presence or absence of reasonable grounds for that belief.
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In my situation, I decided not to turn left on a yellow after a 2nd car and this guy comes out to threaten me.
How did he threaten you? See Section 264.1.
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The cops said nothing will happen and will not take this to court...
With the details you gave him, its quite possible that was the correct answer. Its also possible that more could be done, legally speaking.
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I came out of the car when I saw him coming at me with the bat and he just started waving it until he saw me get on the phone.
You shouldn't have gotten out of the car. Waving around a bat, with no other context or detail, isn't going to amount to much of anything.
Quote:
he honked at me multiple times and I gave him the finger.
Don't be a prick and people won't react.
__________________
"Never give a match up halfway through. Never say that you do not feel up to it, that your condition is bad, and throw in the towel. Fight to the very end, always looking for your chance to break through." - Kazuzo Kudo
Next time, don't get out of your car. Sit in your car with your phone recording how stupid he looks, then post it on Youtube.
If he hits your car, make the next left turn, pull over and follow behind him until he gets home. Now you have all the information you need on this dude and you can torment him whenever you're in a bad mood. Pop his tires, egg his house, and my favorite, dump paint on his car.
With that said, I think the cop just didn't want to deal with it so he told you to move along. Proper procedure would be to ask if you want to press charges, etc. To escalate the situation, just tell the cop that he hit you with the bat. Any form of contact with his weapon is considered assault so it doesn't have to be hard.
To escalate the situation, just tell the cop that he hit you with the bat. Any form of contact with his weapon is considered assault so it doesn't have to be hard.
Just no. Want to escalate the situation? Fight back. When you want help from the police, don't break the law yourself
Quote:
Public mischief
140 (1) Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by
(a) making a false statement that accuses some other person of having committed an offence;
(b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;
(c) reporting that an offence has been committed when it has not been committed; or
(d) reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.
Marginal note:Punishment
(2) Every one who commits public mischief
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
If they wave around a bat infront of you intimidating you, that's assault.
If they damage your car with the bat, that's vandalism.
If they hit you with the bat, thats battery (no pun intended).
Assault would be the hardest to prove unless if you had video evidence or witnesses.
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