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Thread: Ohio Situation - What would you have done in this situation?

  1. #1
    Regular Member mtbinva's Avatar
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    Question Ohio Situation - What would you have done in this situation?

    OK, this is my 1st real post on this forum. SO since this situation occurred in Ohio, I wanted your opinion on what would you have done? This situation happened a year ago.

    I was leaving the Kroger in Mansfield heading toward Lexington. It was a Saturday night approximately 7-8 in the evening. I made a right turn and was accelerating to the speed limit. The left lane was ending, and a smaller vehicle began to accelerate to the point of cutting me off. I decelerated, as well as the car, not allowing me in. I accelerated and so did the car, still not being able to get over. I accelerated considerably more aggressively to get over at which point the car did the same and this time passed me almost clipping my bumper. I flashed my light and honked the horn. I promise no gestures on my part. As a matter of fact, my girlfriend was on the phone to the police.

    After flashing the lights, he stopped in the middle of the road and got out of his vehicle with an object in his hand. He gave me the finger and threw a bottle at my truck. I was about to get out of my truck when he took off. We followed him all the while being on the phone with LE, who pulled him over in Lexington. LE did not have jurisdiction since the occurrence took place in Mansfield.

    LE did state to the other driver “What if he had a gun? You could have been shot.”

    Question, what would YOU have done, not knowing what was in his hand? Erratic behavior? With Girlfriend in car? There were no exit points at the time for me to have spun the vehicle around.

    I do have a couple of weapons, and I DO open carry. The question I ask myself is, had I had my Glock 27 on me, would I have fired? Would I have warned him first? There was enough distance between us for me to have done that. SO, what would you have done? Had I fired the weapon, what would the law have done? Had I shot this crazy dude, what would the law have done? I did have two adults in the car that witness the event.

    This is a weapon specific question. This is a serious question so; ALL comments are welcome, negative or otherwise.

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    Regular Member mtbinva's Avatar
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    A little bit of a background. I live in Northern Virginia. I work for the Federal Gov. I legally own my weapons. Currently in Process of getting CC (in Virginia its called a CHP. Concealed Handgun Permit).

    3 sons, All military, work in the legal proffesion, although not an attorney.

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    Re: Ohio Situation - What would you have done in this situation?

    I will respond more in depth after work, but had I been in that position, and I felt I may be in danger, I would have likely unholstered my weapon. However, this depends on how clear the object in his hand was. Also, how he was standing, the facial expressions, etc. If it appeared he may be a threat, I would likely unholster my weapon, but not point it at him at all. Reason being that until I am absolutely certain he is a threat, and therefore a target, I would not risk it. If the individual was approaching me, yelling, object in hand, my weapon would have been in my hand and in within his eyesight to ensure he saw what he was approaching. The goal of this would be threat deterrent.

    In Ohio, you are only authorized to use deadly force if you believe you or another are in danger of being killed or seriously injured. The person in danger also cannot have been the one to initiate the conflict.

    I definitely would not have used deadly force on him, nor any force at all unless he made more of a threat. He wouldn't have even seen my weapon unless I felt I may need it. With that being said, had you pulled your weapon but not aimed or discharged it, there would likely be zero consequences on your end, in my opinion.

    Had you shot him, it could be argued that it was night, he was acting threateningly, and had an unknown object in your hand and you reacted to protect yourself and your girlfriend, and since you were in your vehicle you did not have duty to retreat, nor could you have anyways.

    It could also be argued that by flashing your lights and the horn, you officially initiated the conflict, because otherwise he would have continued to drive without stopping.

    In my opinion, I would not have done anything more than you did. If you had fired, I believe you would be on the receiving end of the law for not properly analyzing the threat level.

    Just my thoughts, hopefully others will chime in.
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    I would have shot myself upon realizing I actually lived in Ohio ... ahhh I kid nothing like a night on the town in Cleveland, the mistake on the lake.

    I would have gotten off the road the loon was on ... and I would not have contacted the police (see how well they did for you ++++ the cop likely could have done something even if outside his jurisdiction because he can enforce state laws all over the state).

    And then tell my dad not to do that again next time I spoke to him. Crazy dads.
    Last edited by davidmcbeth; 01-23-2013 at 04:43 PM.

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    Regular Member mtbinva's Avatar
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    Ohio Situation - What would you have done in this situation?

    HAHAHA!!!

    Well, since then, I have been more proactive in legally having my Glock with me. So this is becomes a lesson in the HUGE responsibility that comes with our right to bear arms. BUT, conversely, folks that are on the forums that participate, are also the law abiding citizens that are getting screwed by attempts at violating our 2nd Amendment.

    But like I said... I wanted this scenario to play out in folks minds like it has mine to make sure that we as armed Americans can enure not only our safety, but the safety of others as well.
    Chance favors only the prepared mind.

    Louis Pasteur


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    And now a serious response, as requested.

    I would like to think that I would have flat stopped, allowing the idiot to have the lane he so dearly wanted. Depending upon my mood, I might not have been able to show that restraint, meaning that I might still face the bottle-throwing. Unfortunately, because of the stupidity of Ohio law, I am virtually unarmed in my car, which is why I should have shown restraint.

    I would ask the officer to file a report, even though the stop was out of the jurisdiction. That driver is a road hazard and needs some kind of official action taken against him.

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    Regular Member MKEgal's Avatar
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    I agree with Eye - stop the road rage / testosterone competition.

    Then there's no question of using deadly force, mistaking what's in his hand, being second-guessed by a jury (which would likely ask a similar question - why didn't you slow way down & let him take the blippin' lane?).

    Even the most annoying tailgaters or lane-cutting-offers (like you had) will eventually give up if you just take your foot off the gas. And doing the fast stop lets them shoot ahead & feel like they won. You sit tight until they're out of sight. If they try to come back at you, turn around & go the other way... & tell police.
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    Regular Member CornfedinOhio's Avatar
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    Ohio Situation - What would you have done in this situation?

    The best confrontation is one that is avoided. Let him drive crazy and you remain calm and safe.

    Lane choice does not threaten your life, even in NASCAR.


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