Johnston Road Rage

As reported by Richard Dujardin in the October 6, 2010 edition of the Providence Journal a Cranston man is facing criminal charges due to a road rage incident last Saturday.  Apparently the man was angry at another driver for allegedly cutting him off.  He then motioned for the other driver to pull over.

The other driver did pull over and got out of the car.  The man then punched him in the face.  The man is facing disorderly conduct and assault charges.  Pursuant to R.I.G.L. 11-45-1 disorderly conduct is defined as:

(a) A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:

   (1) Engages in fighting or threatening, or in violent or tumultuous behavior;

   (2) In a public place or near a private residence that he or she has no right to occupy, disturbs another person by making loud and unreasonable noise which under the circumstances would disturb a person of average sensibilities;

   (3) Directs at another person in a public place offensive words which are likely to provoke a violent reaction on the part of the average person so addressed;

   (4) Alone or with others, obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place ordinarily used for the passage of persons, vehicles, or conveyances;

   (5) Engages in conduct which obstructs or interferes physically with a lawful meeting, procession, or gathering;

   (6) Enters upon the property of another and for a lascivious purpose looks into an occupied dwelling or other building on the property through a window or other opening; or

   (7) Who without the knowledge or consent of the individual, looks for a lascivious purpose through a window, or any other opening into an area in which another would have a reasonable expectation of privacy, including, but not limited to, a restroom, locker room, shower, changing room, dressing room, bedroom, or any other such private area, not withstanding any property rights the individual may have in the location in which the private area is located.

The penalties include up to six (6) months in jail and/or a fine not to exceed five hundred dollars ($500).  

The penalties for simple assault are more severe.  Pursuant to R.I.G.L. 11-5-3, the penalties for simple assault include:

§ 11-5-3 Simple assault or battery. - (a) Except as otherwise provided in § 11-5-2, every person who shall make an assault or battery or both shall be imprisoned not exceeding one year or fined not exceeding one thousand dollars ($1,000), or both.