All,
I’m neither an attorney or a LEO, therefore I’m not qualified to interpret the
law or to give legal advice. For such assistance, contact a certified, qualified
Attorney-at-Law.
The following is only some personal ponderings:
Prior to any incident, take such dangers into consideration when you buy
your vehicle. If you buy a Yugo, “you go” slow (pun intended) because you
have no power. I will not willingly endanger my family or myself with a small
economy car. I drive a Ford Crown Victoria or a Mercury Grand Marquis.
Other marques of similar size and power are a match even for the smaller
“standard-size” pickup trucks (cheaper F-150s, etc.)
I am willing to pay a bit more for the car and insurance to get more safety.
My car weighs 3800 lbs (empty) and there’s enough size for other drivers to
see me, recognize me as a greater threat than a Yugo (or motorcycle), and
give me some space on the highway. The car is big enough to have some
steel and “crumple” space before the offender crashes deeply enough to
reach the passenger compartment. My wife is alive because she was driving
a Crown Vic (rather than my daughter’s little Topaz) when she was T-boned
in the driver’s door by a Mustang. (Both cars were totaled.) Size matters.
However, design is important. Learn which cars provide the protection and
other features you want and can afford. (I can’t afford a Mercedes with the
power I’d want, so I drive cars that cost about $20,000 new.)
I don’t believe I would fare as well in a $20,000 Toyota Camry as I would in a
$20,000 Ford/Mercury full-size car. Form your own opinion.
------
An incident occurs. Stay calm. Panic makes you less effective and efficient.
Do not over-react. Now you know what police live with every day. Stay in a
defensive mode - surely. But you have no need or cause to escalate the level
of force more than “reasonable”. Exceed reasonable force and you might
leave your entire family alone, penniless, without a home, while you serve
prison time.
What kind of incident is in progress? What is the *confirmable* (not
“imagined”) threat? Here are some examples. Yes, every incident is
different and these are by no means all-inclusive.
1) The person following you may be trying to find their way out of a
subdivision or trying to make it home and is only using you to lead him. He’s
a danger because he might run into you but he has no hostile intent. Turn
some corners to make following you a bit of a challenge or lose him in traffic.
No serious problem.
2) The follower may be trying to learn where you live. His hostile intent is
neither “imminent” nor “a threat of serious bodily injury or death”.
Therefore, you have NO moral or legal right to use deadly force - such as
shooting into his radiator. Period. Whether it’s my daughter or not.
3) The follower may be harassing you. If he’s only masturbating his ego, he
is dangerous only because of his reckless driving. Avoid, evade and escape
by reasonable means.
- Don’t let any threat box you in.
- Try to escape safely, without further endangering yourself and others. If
he pulls up on your left side, turn right. The classic defense is to drive to a
police station but if you see a cop, flash your lights, blow your horn, “rock”
your car back and forth in your lane, etc. Do anything safe to attract the
cop’s attention and have him follow you or come after the two of you. If the
reckless idiot is harassing you, the cop may be able to see it and will stop
him rather than you.
4) The follower may be out to hurt you. You don’t want to survive the
incident only to be incarcerated if there are any other possible options.
- Few drivers can stick with me if I have a mind to escape. I’ve studied and
trained to evade and escape by vehicle.
- What’s chasing me?
-- If it’s a sports car with low clearance, I’ll find a way to use that against
him: dirt road, fields, over curbs, traffic islands, parking stops (those cement
things in parking slots used to stop your car), etc.
-- If it’s an SUV or pickup, the higher center of gravity works against him. If
a curved clover-leaf is available and empty, we’ll see who can hang on longer
in a curve. If he has those big, fat, over-sized tires, he’s mine.
- If he pulls up beside me, I’ll accelerate (to induce him to do likewise), then
hit the brakes and dive in behind him. Unless he’s driving a “hi-water”
vehicle or he’s much faster than I am, he’s mine. I’ll hook his bumper, move
him over and take him out.
-------
None of this should be construed as “suggestions” or advice. But a CCW or
CHL is NOT a “license to kill” or even a “license to shoot”. It is a license to
carry. It *permits* you to HAVE a handgun. The rules for employing deadly
force hold true - you (or someone you choose to defend) must be under the
imminent threat of serious bodily injury or death. If there is no threat, you
have NO cause to use deadly force. Period.
If you choose to escalate the force continuum beyond the reasonable
perception of the threat, criminal and civil penalties apply.
Yes, I have been there.
In one case, the opposition was soldiers armed with automatic weapons and
radios.
Other times, in the U.S. it was people with various motives. I’m here. My
family is unhurt, my home was not burglarized and my car was not damaged.
I have not been convicted, tried, charged or even accused of using excessive
force. I’d say that makes me the winner.
(As always, I reserve the right to revise and extend my remarks.
)
(As a matter of fact, I just did!)
[This message has been edited by Dennis (edited July 27, 2000).]
Say it isn't so! 