Ok I hope I am posting this in the right cattegory…I think its a general question,
One day I was on my way to class and i pulled out in front of someone . I was doing the speed limit before he even got near me, but he got right on my bumper and started honking. So I sped up to 70 and this guy was still on my bumper. I figured maybe he wanted to pass me,maybe he had an emergency or something so I pulled over at the nearest gas station. To my surprise he pulled in right behind me and jumped out of his truck and started yelling at me about how dumb i was and that He wanted to wipe my whole race of people out (i’m black or african american or whatever is in style this year) So after a while i asked him to stop talking to me (i was pumping gas) He kept on yellin at me about how he was going to find me and then the fun would begin. By this time I am freaked out so I call the police. I live in a rural part of maine so it took forever for them to get there. They took his liscence plate number and i never heard from them again. SO i thought maybe I was just making a mountain out of a molehill. Until two days ago when it happened again except I didn’t pull over and he just passed me after a while(still stayed on my bumber with hand on the horn for about 5 min) So is this legal? Is there anything I can do aside of stop driving?
I’m not sure whether he has broken any laws yet, (it depends on how Maine words its laws on harrassment and intimidation), but I would definitely call the police to report the second incident.
If he ever does go completely over the law, it will be nice to be able to point to a documented series of incidents (a pattern of behavior) in court.
(After you have reported the second incident–complete with tailgating–you might consider how valuable your car is and practice stopping it using the parking brake only, which does not turn on the brake lights.)
IANAL, but this sure sounds like harrassment, and possibly even assault, too (based on what he specifically said to you). Do you have an audio recorder you can keep handy for future “encounters”?
I have a recorder, but if i run into him face to face again I may run the other way…My car is not too valuable…its been hit 5 times in the last year( it was parked each time except one) The police here the first time was like “that doesn’t sound like so and so)guess they knew him” I need to find a thing about maine law. Either way its still scary 
This is not legal advice, but maybe you can get this nut’s address and have an attorney send him a letter advising him to back off. Sounds racist. Maybe you can check with the DMV to see if they would give his address from his license plate number. Your reason would be a possible civil litigation matter because the guy is harassing you and threatening you with bodily harm. Video recorder would be good, too.
IANAL, but I second the tape recorder. If you can get evidence of him threatening you, that’s assault and that’s a crime. At the very least it sounds like harassment, you should reports incidents with this man to create a paper trail, making your case that much stronger if there’s ever the need for legal action.
I believe making terroristic threats is a serious crime in most places.
It seems like all the responses I have read are missing something. My guess is he just an aggressive driver who does this to EVERYBODY. You just had the misfortune of running into him twice. I am pretty sure he had no idea he had harassed you before. Just relax and be glad you are not an asshole. His intense personality is not a prescription for a enjoyable life.
we live in a small enough place that he could probably find me without a problem. The police waffled when i asked them what i should be doing. Does anyone think i am crazy for wondering about the local police here when they say sentences like “Oh that doesn’t sound like so and so”
Personally I do not care if it sounds like him or not as long as he stops. its not like I don’t have witness’s though…The gas station was [packed when this happened, and the second time my sister was in the car. I guess I was hoping that the police would give me some definite advice or something solid,They just seem kinda…indifferent. If this guy is not breaking any laws, what should I do then? Just stay in my house until he does? yikes…wish there was some easy answers
thanks for all the info so far…you guys are bringing up things I had not thought of,
Many states now have laws againsed it and the behavior you described pretty much defines “road rage”.
Even if your state does’nt have such laws yet, it is illegal in all states to tailgate, they call it “not maintaining assured clear distance”.
Have been on the receiving end of tailgaters many times myself, yoinking on the emergency brake never failed. You could get killed by pissing off the raged one even more, so be sure your car will outrun the foe before trying anything like that, eh.
Yes, what he did was illegal.
He should be arrested or at the very least, the police should give him a talking to. If the local cops don’t feel like doing their job, start writing letters to your state Attorney General.
Maybe this guy is just an aggressive driver, maybe he’s a racist psychopath. Either way, he needs to be stopped before someone ends up in the hospital or the morgue.
IANAL and I don’t know the laws in TiffTZell’s area, but here are some distinct possible infractions, based on what TiffTZell said:[ul][li]exceeding the speed limit (since TiffTZell was already travelling at the limit)[/li][li]following too closely (Australian road rules say, ‘A driver must drive a sufficient distance behind a vehicle travelling in front of the driver so the driver can, if necessary, stop safely to avoid a collision with the vehicle.’)[/li][li]unlawful use of warning device (Australian road rule: A driver must not use, or allow to be used, a horn, or similar warning device, fitted to or in the driver’s vehicle unless –/li it is necessary to use the horn, or warning device, to warn other road users or animals of the approach or position of the vehicle; or …)[li]assault – a reasonable person would have had concern for his physical safety as a result of the intentional actions of this moron – or something like that. (Unfortunately, that law does not exist in Australia.)[/ul][/li]More unfortunately, I suspect TiffTZell does not appear to be white enough for his local constabulary.
A pattern of conduct intended to harrass or terrorize is STALKING. There are laws against it most places in the US.
That wasn’t actually me, although I happen to agree with what is said above. That was lee, who forgot whose computer she was using.
It is seriously unlawful in most states to make covert audio recordings. As such, I strongly recommend against doing any such thing. IANAL.
BTW, never assume that cops actually know the law.
I doubt that. And if it was, I’d worry about it after the fact. The real question I have would be the admissibility of the recording as evidence. I’m inclined to think it would be admissable since the police routinely record events such as traffic stops and such without your knowledge or consent.
But Maine may be different. I can tell you with certainty though, in my state, it is perfectly legal to record a telephone conversation so long as at least one of the two parties is knowledgeable of the fact the conversation is being required. No warrant necessary.
This is very much the truth.
Maine’s Civil Rights Act covers harrassment, intimidation, and threatening (among other crimes) that are motivated by race, sexual orientation, religion, etc. I suggest you contact the Civil Rights Unit of Maine’s Department of the Attorney General.
If this person is in fact crazy, I would think about whether or not it would be in your best interest to have the police talk to him. For all you know he could actually be a police officer or connected to them in some way. This is definitely a bias related incident and the police did show a lack of willingness to anything about it. I would let it go for now.
thanks guys…ALl the info is great! My experience with Maine as a whole has not been great, I am loathe to go back to the police station again. BUt I will because if what he did is wrong I will see it out so he can’t do it to anyone else