Can you flip off someone while driving? Cuss them out? See California’s rules about road rage
Can you cuss out someone while driving in California? Make an obscene gesture to a pedestrian?
Screaming four-letter words and flipping off motorists is not against the law in California because such expressions are protected by the First Amendment of the U.S. Constitution.
However, driving aggressively or confronting someone on the street can result in legal repercussions, according to legal experts with Sacramento-based firm Gross Law.
Here’s what California law says about road rage:
What does California law say about road rage?
California is No. 1 for road rage in the nation, according to a Forbes Advisor study that ranked U.S. states with the most confrontational drivers.
California law states that a driver is exhibiting aggressive or angry behavior toward another motorist or a pedestrian when they are:
- Yelling, making rude gestures or using verbal insults;
- Driving aggressively, tailgating or bumping another vehicle;
- Making threats of violence;
- Driving on a sidewalk or in a median to get around another driver, or
- Getting out of their vehicle to confront another motorist.
What are the penalties for aggressive driving?
While road rage itself isn’t considered a criminal offense in California, behaving aggressively while driving can lead to tickets, fines and even jail time.
California Vehicle Code 23103 says it’s a crime to “drive a vehicle upon a highway in willful or wanton disregard for the safety of persons or property.”
Courts will look at actions such as speeding, swerving and tailgating to determine whether you broke the law.
Drivers convicted of misdemeanors can face up to $1,000 in fines or 90 days in jail. A felony conviction can lead to a jail term between two to four years.
Drivers who threaten or attempt to harm another driver or pedestrian can be fined up to $1,000 or jailed for up to six months for a misdemeanor, according to California Penal Code 240 PC.
Using a weapon or vehicle against another motorist or pedestrian can result in a felony or misdemeanor charge of assault with a deadly weapon under California law, depending on the severity of the offense.
If your actions result in hitting or using force against someone, you could face battery charges under Penal Code 242 PC.
A misdemeanor battery conviction can result in fines of up to $2,000 and up to six months in jail.
Can you lose your driver’s license due to road rage?
Your driver’s license can be suspended for up to six months for a first-time offense if you are found to “lack the skill to drive” or have been declared “a negligent operator” of a vehicle, according to the California Department of Motor Vehicles.
Your driver’s license can also be suspended for the following offenses, according to Shouse California Law Group:
- No insurance
- Failure to report a crash
- Driving under the influence
- Underage drinking while driving
- Failure or refusal to take a field sobriety test
- Accumulation of excessive points on your driving record
- Moving violations
- Criminal driving offenses
- Failure to appear in court
This story was originally published December 30, 2024 at 5:00 AM with the headline "Can you flip off someone while driving? Cuss them out? See California’s rules about road rage."
