Retaliatory Driving Punishment Defense Case | Suspension of Indictment on a Retaliatory Driving and Special Intimidation Charge

While the client was entering an alley to return home, the client encountered a situation in which a motorcycle (the alleged victim) following behind overtook recklessly and cut across in front of the client's vehicle.

There had been many instances in which residents complained of anxiety due to the dangerous riding of motorcycles in that alley in the past.

Accordingly, the client states that, in order to caution the motorcycle rider, the client overtook the motorcycle, stopped the vehicle, and then attempted to have a conversation.

However, regarding this, the motorcycle rider reported the matter to the police, claiming that it was ‘retaliatory driving,’ and the client immediately became subject to an investigation concerning retaliatory driving.

Seeking to defend against punishment, the client requested assistance from an attorney specializing in criminal cases.

Where intent is found in such a threatening act during driving, the following punishment for retaliatory driving may be imposed.

The criminal attorney mainly explained that the client had habitually practiced safe driving, and that the driving conduct in question likewise involved no intent to threaten the other party or to inflict bodily harm.

In particular, emphasizing that the lane change and the attempt to stop were not acts involving any intent of retaliation or threat, the attorney specifically explained the absence of the "intent to threaten," the core element of special intimidation.

From the early stage of the case, the attorney specializing in criminal law persuaded the client to recognize that the client's driving had caused an unnecessary misunderstanding and that the client needed to take corresponding responsibility.

In addition, the attorney accordingly assisted the client in offering a sincere apology to the victim and in making compensation for the harm.

Moreover, the attorney provided specific guidance on how to write a letter of apology so that the sincerity of the remorse could be conveyed, and ensured that the completed letter of apology was promptly submitted to the investigative agency so that it could be reflected as a mitigating factor.

The attorney specializing in criminal matters submitted to the investigative agency an opinion statement that logically structured the lack of intent on the basis of an explanation of the client’s normal driving route and conduct, the results of an analysis of the dashcam footage, and the like.

Also, in the course of responding to repeated summonses, the attorney assisted the client in maintaining consistent statements in accordance with the legal explanations.

A traffic offense such as retaliatory driving is a case in which the level of punishment can vary greatly depending on the intent and circumstances of the conduct.

Rather than being judged solely on the facts apparent on the surface, it must be interpreted comprehensively in light of subjective and objective factors, such as the road conditions at the time, the relationship with the victim, and the credibility of the statements.

Daeryun LLC operates a system for assigning attorneys who design a tailored strategy for each field.

In addition, in conjunction with its evidence investigation center, it can provide systematic support extending to the analysis and use of key evidence, such as dashcam footage and the layout of the scene.

If you have been placed at risk of criminal booking or indictment for retaliatory driving or a similar matter, please entrust your case through a 🔗legal consultation booking.