[RuffleCopterz]

What's the law for when somebody takes out a baseball bat to threaten you in traffic? If they hit your car and there's minor damage but the rest of the time they are using it to just scare you, what kind of charges can you press? If they push you repeatedly but you just wait for the police to come, is there something you can charge? In my situation, I decided not to turn left on a yellow after a 2nd car and this guy comes out to threaten me.

The cops said nothing will happen and will not take this to court...

[StylinRed]

you can't file charges? but the police could consider... assault, intimidation, uttering threats, mischief, vandalism

depends on the details, were you in the car when he attacked it? what was said? etc. but yeah, the above

find it odd that the police just told you to move along? did you call 911? or seek police out afterwards? witnesses?

[entrax]

that's a lot of road rage for not turning left on a yellow. suspiciously sounds like there's missing details here...

[RuffleCopterz]

you can't file charges, but the police could consider... assault, intimidation, uttering threats, mischief, vandalism

depends on the details, were you in the car when he attacked it? what was said? etc. but yeah, the above

find it odd that the police just told you to move along? did you call 911? or seek police out afterwards? witnesses?


I called 911 on the spot and ignored his threats. 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.

Full details? LOL he honked at me multiple times and I gave him the finger.

[Ulic Qel-Droma]

if u have proof it would help... i believe.

take this with a grain of salt but... this is what i learnt.

if someone is standing across a river from you and waves a bat around and says imma kill you. it means nothing

but if they are standing within realistic striking range, it's considered some form of assault.

something like that. so if he was able to actually beat you and he uttered threatening words at you... and you have evidence... you probably have a case...

[parm104]

I called 911 on the spot and ignored his threats. 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.

Full details? LOL he honked at me multiple times and I gave him the finger.

Did you record any of the assault? Were you able to get any witnesses? The above stated notion of you not being able to file a charge is simply incorrect.

[Inaii]

That's weird that they told you you couldn't file charges. When my brother was verbally assaulted (guy told him he was going to bash his head in, punch him in the face, etc.) over a gas pump they asked if he wanted to file any charges. They weren't sure if they would be able to make them stick since nothing came of it (no weapons were brandished, just threats) but if he wanted to they were happy to file them. If it matters, we dealt with VPD.

[xXSupa]

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.

[Jmac]

Get a 2-channel cam (front and back) with audio, don't flip off other drivers.

[Inaii]

Some flip out even when you just throw your hands up in acute disgust. Happened to a friend and I once.

[Adorkami]

VPD can be lazy, I had a friend flip off a guy who was being a jerk on the road and honking, when they stopped the guy got out of his car and hit my friends car and him... cops showed up and said there wasn't anything they could do because they had no proof.

[winson604]

I think it comes down to how lazy the cop is sometimes but not always. Just assumptions, I ain't no expert. I was sitting in my car in an alley adjacent to Holt Renfrew, saw a guy run the the alley with a LV bag get in a getaway car and booked it. 5 seconds later saw security run out only to be too late. I gave them my contact, licence plate and description. Cops came to Holts the next day said despite all the evidence including video footage from in the store they can't do anything and left. I was like huh? Sure me seeing the guy run down the alley doesn't mean anything since I can't prove the bag he was holding was stolen but the footage from in the store wasn't enough? mm k

[SolidPenguin]

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.

Close,

In Canada,
the first one would be Assault or Uttering Threats
second is Mischief
and third is Assault with a Weapon.


For OP, if the police will not proceed further, and you have your own evidence to back up any of the offenses and you really want to take it further you can charge the person yourself.
You will have to lay an information to a justice of the peace and they can issue a summons for the accused. BUT you also need the identity of the person that did it.

Is it worth it though?

[ilovebacon]

http://www.cbabc.org/CBAMediaLibrary/cba_bc/DAL/PDFs/Dial-A-Law_English_Brochure.pdf

Its free and informative but in the end, you should always contact a lawyer. also TLTR but i hope this is still helpful! :)

[jaguar604]

Have more proof/evidence than he said she said. Otherwise the police/crown counsel will not even proceed as the judge will most likely toss it or handout a garbage sentence.

[unit]

Some flip out even when you just throw your hands up in acute disgust. Happened to a friend and I once.

people are way too uptight in traffic.. the slightest thing can set them off

[dat_steve]

i never flip anyone off anymore. i throw up one of these:

https://s-media-cache-ak0.pinimg.com/originals/8f/d2/41/8fd241881b9715b046e5cc96f1a6dd4c.gif

and get one of two reactions: 1) confused and stunned 2) laugh.

either way i metaphorically jizzed on them...so my dominance is asserted and i win lololol

[Gumby]

http://www.liberaterva.com/wp-content/uploads/2015/11/download.jpg

[Soundy]

https://media.riffsy.com/images/1897e9c3631e754d14c24672b50166e6/raw

[Sid Vicious]

just say the guy threatened to sodomize you with the baseball bat and im sure the police will take it more seriously

[jasonturbo]

tl;dr

http://i2.kym-cdn.com/photos/images/facebook/000/287/322/3a9.jpg

[CCA-Dave]

Wonder if the guy was in an Audi?

https://i.imgur.com/jMkK44f.jpg

(the above is actually from a car in WA state...used to know the owner through another forum)

-Dave

[GLOW]

waiting for the day we see these...
http://carzz.co/7-gun-turret_12012.jpg

[ilvtofu]

I had video evidence of a guy getting out of his car and kicking my door and initially VPD said they wouldn't do anything. I ended up filing a complaint through the OPCC (The Provincial Office of the Police Complaint Commissioner) and it got escalated to a sergeant who did write some tickets and have a chat with the guy.

If you don't have video evidence it's easy to understand why you'd have a hard time, anyone can say so-and-so did this-and-that and even with witnesses they're notoriously unreliable.

[blkgsr]

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

[The_AK]

post on the misc next time about how some beta cuck couldn't handle your alphaness because you choose to drive when you want

[meme405]

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.

[sho_bc]

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.

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.

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.
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.

If they push you repeatedly but you just wait for the police to come

Assault. Section 265 of the Criminal Code.
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.

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.

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.

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.

he honked at me multiple times and I gave him the finger.

Don't be a prick and people won't react.

[dat_steve]

funny how a finger would set someone off to that extent.

*receives finger*
"oh hell no. fuck ME? ALDFJADLKEFILSDLF WHERES MY BAT?!"

[mr_chin]

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.

[Galactic_Phantom]

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
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.

[sim-911]

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.

You did good in 393 i bet