Not a cop... just some other person driving. Thanks
2007-08-20 18:03:42 · 11 answers · asked by Scott T 1 in Politics & Government ➔ Law & Ethics
Not a cop... just some other driver. (I live in Indiana)
2007-08-20 18:39:46 · update #1
Yes, assault.
Use of four letter words and the signal that can be used for a swear word would be verbal assault and you can be prosecuted on that basis.
It isn't spelled out in US law, but the statue is broad enough to cover it. In Germany there are specific gestures, including that one that are illegal and will open the offender to getting ticketed.
In the US the chance of prosecution depends on the incident. Clearly, if you do it to some passing motorist and you don't get his license plate then no prosecution will take place. If you do it to a police officer then you are more likely to get prosecuted, it depends on the officer's mood.
If you were assembled at a rally flashed such a sign at the mayor or the governor then you could be arrested, but the chances of prosecution would be minor. It is easy to defend such speech on the basis of the first amendment.
But, if I called you a few swear words then you could report me to Yahoo and I would be fined 10 points. In that case the words are published and there for the public to see and it will hang around for a while. Just flashing a hand gesture is usually below the threshold for prosecution. Prosecutors like to go for cases they can win. If you did it on national TV then you would be fined, and that would be your punishment. The person who you flashed the gesture to could prosecute you independently, but why bother.
Technically the 1 finger salute is illegal and a form of assault. Proving it is a little more difficult and it can be defended on the grounds of freedom of speech, although it is publicly accepted to be rude and impolite gesture that reeks of pornography. Pornography is covered by the freedom of speech, but “not if it is objectionable to the majority.” A very hard standard to prove and a very vague statue passed by Congress.
Reverse the situation if someone flashed that gesture at you how would you respond? Would you ignore them, attack them, or try to have them arrested? Usually, the third alternative is the last if ever. Normally, the symbol is returned, the situation can escalate or the more mature person ignores it.
2007-08-20 18:10:32 · answer #1 · answered by Dan S 7 · 2⤊ 1⤋
Out in Brantford I come apon two women sitting at a green light putting on their seat belts and that is something that should have been done before they entered the roadway. And so the light is green for 7 seconds and I tap the horn once so she can realize that the light is green and time to move. I get the finger and I get it a second time to make certain I saw her first gesture. So down the single lane we go were it is 80 kilometers an hour but she is going well below that to further annoy me so I figure if I go to pass her she will speed up and create a dangerous situation were I'm on the wrong side of the road. Her giving me the finger for something she did wrong was kinda odd behaviour but I knew she was trying to bait me by driving way below the limit with an empty road in front of her wanting me to pass her and like I said she probably would have sped up or yelled an obscenity as I passed her. Finally I came to my turn and she went strait on.
2016-05-18 21:10:57 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Not in the U.S., but insulting another driver is illegal in some other countries where it can result in a ticket if he gets your license plate (Germany comes to mind). By the way, contrary to what some other poster here thinks, there is absolutely no such thing under the law in any state as "verbal assault". One has to physically attack or touch you in order to be charged with assault, not merely hurt your feelings. But in any case, insulting people on the road is stupid. You never know what kind of a nut you're dealing with, and your car isn't bulletproof. Even flipping the birdie to a cop is technically legal, but I can guarantee he will look and find some kind of violation to write you up on, even if he has to make one up.
2007-08-20 21:00:45 · answer #3 · answered by Anonymous · 0⤊ 0⤋
In some places like New York City and Philadelphia it is on the Drivers Test. You are performing a Public Service by notifying the other driver that he is driving like a Butthead
2007-08-20 18:23:53 · answer #4 · answered by Anonymous · 3⤊ 0⤋
Yes it is but it's hard to prove so the cops probably wouldn't waste their time.
It is illegal though.
2007-08-20 18:11:36 · answer #5 · answered by Anonymous · 0⤊ 0⤋
it depends on where you live i am sure. some places it would be considered offensive, but other places it could very well be illegal
2007-08-20 18:10:06 · answer #6 · answered by Anonymous · 1⤊ 0⤋
yes it is here in New Jersey! my freind gave the finger to a lady because she cut him off and she cell phoned the police and the state police handcuffed and they took him to jail he had to go to court and pay alot of money!
2007-08-20 18:14:44 · answer #7 · answered by DagNaggit limpuladerfy II 4 · 2⤊ 1⤋
Not illegal, but certainly not mannered
2007-08-20 18:12:21 · answer #8 · answered by Experto Credo 7 · 0⤊ 1⤋
Road rage.
2007-08-20 18:15:27 · answer #9 · answered by Anonymous · 1⤊ 1⤋
Hell no, or at least it shouldn't be, but in all honesty, if you can't stand the heat, stay out of the kitchen.
Your Welcome!
2007-08-20 18:12:10 · answer #10 · answered by ~Celtic~Saltire~ 5 · 1⤊ 0⤋