Tag Archives: road rage

Road Rage, late-night bar-hopping, and guns

Incident Feb 4, 2018 left an off-duty Tempe fire captain Kyle Brayer dead.

The defendant, Hezron Parks, has plead not guilty to a variety of charges: 3X aggravated assault, 7X endangerment, and leaving the scene, and some others.  Murder charges, if any, have yet to be brought —  “The defendant stated that he felt threatened and justified in grabbing his unholstered handgun” Continue reading Road Rage, late-night bar-hopping, and guns

This happened one day in Tempe

northbound Hardy near University Drive. Could a bus driver safely overtake a cyclist here? Could a bus driver safely overtake 50 bicyclists here? Should a bus driver attempt to overtake 50 cyclists here?

Out for a Saturday morning group ride on Hardy Drive in Tempe July 2, 2016, cyclists had some sort of negative encounter with a motorist. Traffic would be light at 9AM on a Saturday morning in the dead of summer, except for the group of estimated 50 bicyclists (dispersed, not one group) and that motorist. The street here is very narrow, is traffic-calmed with ped islands and speed tables installed in a 2014/15 streetscape project, and has a speed limit of 30mph. Continue reading This happened one day in Tempe

Vehicular Assault

Arizona has no such crime, nor do we have a vehicular homicide statue. You’ve either assaulted someone or not; if you use a vehicle in an assault, you will be charged with aggravated assault, a serious felony. These cases far more commonly involve impaired drivers — an impaired driver who causes a crash w/injury are routinely charged with aggravated assault; e.g. the driver in the pedicab incident (sentenced to 4 years in prison). However from time to time, there are drivers who are just plain angry over something or other.

There’s a mis-conception that assault, §13-1203 requires causing actual physical  injury; but that is not the case, merely “Intentionally placing another person in reasonable apprehension of imminent physical injury” creates the crime of assault. And aggravated assault  §13-1204 is just an assault committed with some listed factor; in cases involving a motor vehicle: “If the person uses a deadly weapon or dangerous instrument”, or if the victim is seriously injured regardless of how.

[ Also see  §13-1201, and  §13-1202 which are the crimes of “Endangerment”, and “Threatening or intimidating”, respectively. These all sort of play together, note the statute numbering: 1201,2,3,4 ]. They are in rough-order of escalating seriousness:

Also, in case you were wondering:

28-3304. Mandatory revocation of license; definition
A. In addition to the grounds for mandatory revocation provided.. the department shall immediately revoke the license of a driver…
1. A homicide or aggravated assault resulting from the operation of a motor vehicle. [effectively this causes a 3 year revocation per 28-3315E1]

Indicia of Criminality

Any incident must be considered in total; however, one or more of these actions by a driver may indicate criminal intentions, and not merely infractions. The more indications the more likely there was criminal intent. Note these indicators have little in particular to do with bicyclists, and are more-or-less the same as any road rage situation

  • Repeated or prolonged horn activation
  • Activating horn while stopped
  • Changing lanes repeatedly
  • Changing lanes to become impeded
  • Failure to drive within one lane (“Straddling” lanes)
  • Failure to change lanes when another lane is available
  • Passing too closely
  • Driving too slowly / Slowing or braking after passing
  • Surging (speeding up then slowing down)
  • Any Reckless or Aggressive Driving
  • Shouting
  • Causing extra noise (revving engine)
  • Backing / returning to the scene of an incident
  • Leaving the scene of a crash (“hit-and-run“)

This content was moved from comment on related article in-the-presence-requirement


Arizona has a criminal harassment law, it doesn’t appear to be particularly applicable to motorists who harass others on the road:

 §13-2921 Harassment; classification; definition

E.g. would or could unwanted and otherwise illegal repeated horn-blowing or screaming qualify as “with intent to harass (by) … causes(ing) a communication…”?

In the context of bicyclists, see CA Attorney Seth Davidson’s article Report Card, where he stresses the need, neigh duty, to report such behaviors, which are nothing more or less than using a dangerous instrument to commit a crime.

Some Arizona Cases of Drivers Charged Criminally in Arizona

Here are the curious cases of Theresa Depiero and Holly Solomon Continue reading Vehicular Assault

Road rage: on-duty Phx police officer arrested

[2/19/2015; Officer Sweet plead guilty to one count of disorderly conduct. Sentenced to probation Mar 26, the judge said “Probably the greatest loss for [Sweet] is the loss of being on the police department and that he’ll never be a police officer again in the state of Arizona” ]

Road rage really does make some people do wacky stuff.

Oiy: an older gentleman (age? maybe 60?) and his neighbor were on their way to Monday morning Mass when they got into a road rage incident with the driver of van. The driver of the van, as things turn out, is an on-duty Phoenix Police officer transporting some prisoners in an unmarked van. Anyway, the police officer ended up pulling his gun; and he, the police officer, has since been arrested on suspicion of aggravated assault. This is a huge charge so it will be interesting to see how that turns out.

A couple of interesting points; the case apparently involves surveillance video (it would make sense the van has that) — this will be interesting video to watch.

The police officer after the “stop” drove off. The occupants of the other vehicle immediately made a police report — this is key to not let road-bullies slide, whoever they are.

The arrested police officer was 51-year-old Jeremy Sweet. In the other car were former state legislator “Ruiz and his passenger, fellow churchgoer Monica Rivera”.

azcentral — Phoenix man: Officer made me fear for my life