Traffic Accident Firm Defense Case | Retaliatory Driving and Special Intimidation, Non-Prosecution

While driving an express bus, the client tried to overtake a slow-moving vehicle ahead and friction arose with the other vehicle traveling in the second lane.

In a situation where overtaking was difficult, the client flashed the high beams several times and then returned to the bus-only lane to complete the passing maneuver.

However, as the scene of partially crossing the lane was captured on the dashcam, the other party filed a criminal complaint with the police, alleging intentional threatening driving.

The victim's side asserted that this was ‘special intimidation using an automobile, a dangerous object.’

The client then received a call for police questioning on suspicion of retaliatory driving and requested assistance from a traffic accident law firm.

The other driver perceived the situation as intentional threatening driving and reported it to the police, and the client was in a crisis situation facing the possibility of criminal punishment.

However, the situation at the time could also be interpreted as a temporary lane intrusion according to the flow of traffic and available driving space, and the flashing of high beams, and there was insufficient clear evidence to conclude that it constituted threatening driving.

In response, the traffic accident attorney comprehensively analyzed the client's occupational characteristics, the road environment at the time, and the limitations of interpreting the dashcam footage, and established a strategy so that the absence of intent could be actively demonstrated.

The client was suspected of an ‘intentional threat’ over a temporary lane encroachment that occurred in the course of a simple overtaking.

The traffic accident attorney therefore actively demonstrated, on the basis of the following circumstances, that it was not intentional retaliatory driving.

The traffic accident attorney also closely reviewed the victim vehicle's dashcam footage, which was identified as the key evidence in this case.

The attorney then argued, on the basis of the following points among others, that it was difficult to recognize intent for retaliatory driving.

The traffic accident attorney submitted to the investigative agency a statement of opinion reflecting the client's account.

In particular, the attorney included the following content to convey a defense rationale preemptively in advance.

As in the case above, even where the police or the prosecution harbor suspicion, the role of the attorney in proving the absence of intent through reasonable explanation and the submission of materials is very important.

At Daeryun LLC, through a dedicated consultation attorney system, we quickly grasp the facts of the case and assign a specialized attorney by type to provide strategic assistance.

We also collaborate with insurance and evidence investigation professionals to respond comprehensively, including to derivative cases, in the event of a traffic accident.

If you are in a situation requiring related assistance, please entrust your case to a traffic accident law firm at any time through a 🔗Legal Consultation Reservation.