As you saw in Rear-Ended, Then Defended Part 1, no one was hurt, and our member Jeremy was neither arrested nor charged. Unfortunately, this isn’t always the case. In Part 2, we will dive deeper into the law, where Independent Program Attorneys will explain the road rage self-defense laws from your state.
Watch the video below to see your Independent Program Attorney – Robert Robles – explain the road rage self-defense laws for Oklahoma.
Sherry: Welcome back to Part II of Rear-Ended, Then Defended. As you remember from the last video, Jeremy’s truck was surrounded by three hostile men after a minor accident.
Fearing for his son’s safety, as well as his own, Jeremy retrieved his firearm from his glove compartment to stop the attack. In this instance, Jeremy’s quick actions deescalated the situation and prevented further threat to him and his child. However, his decision to leave his vehicle while brandishing a firearm his decision to leave his vehicle while brandishing a firearm is not a lawful action in every state.
That’s why I asked your Independent Program Attorney to clarify the law where you live.
Robert: In short, you can do that legally, as long as you are faced with the threat of grave bodily injury or death. Now let me say for the record, the Castle Doctrine applies when you are in your occupied vehicle, and if you emerge or come out of your car, armed or unarmed, you leave the Castle Doctrine behind and now you are on public ground, in the street, or anywhere in a parking lot; you are now in a stand your ground situation. Now, you can only use deadly force, or point your firearm, if you are threatened with danger that is immediate of great bodily injury or death here in the State of Oklahoma.
So, what if you were to take it upon yourself after you come out of your car with your gun and decide to chase a suspect, or to take them prisoner at gunpoint, or to force them into their car. That would a grave mistake because now you have turned into the aggressor, and you are no longer defending yourself. But now you have crossed over the line and you are projecting deadly force on to somebody to do something against their will, such as to lay on the ground, get in their car, or some other action, which due to either the absence of evidence or someone sees part of the scene and doesn’t get the whole thing down. They could report to the police that you are the aggressor.
So, it is best in the State of Oklahoma to reserve the use of deadly force, like a loaded firearm, or even an unloaded firearm pointed at someone, for defensive measures only.
Sherry: All too often our members find themselves in similar road rage situations all over the country. Please remember, if you are ever in a road rage situation drive to a safe, public location away from the aggressor. However, if you are forced to display, or use your firearm, call 911 first then call your attorney answered emergency hotline located on the back of your member card.
When it comes to legal defense for self-defense we’ve got you covered.
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