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almost hit by car-damaged windsheild-misdomeanor issue

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~Michelle

Junior Member
What is the name of your state (only U.S. law)? California

This may be in the wrong forum, I am not sure where to put this really but here goes:

My boyfriend and I just left a restaurant and were crossing the street on a white walk light. I was looking down, and when I looked up a car was less than foot away from me. My bf I guess had to swerve and jump out of the way as he was walking ahead of me. (I didn't see what happened as I was looking down at my feet walking) He was upset that this guy almost ran him over, so he went to tap on the windshield to alarm/startle them them as a way of saying be more careful. From the adrenaline though he pushed harder than he thought and actually cracked their windshield. The driver got out and was saying -oh I had the green light-. He didn't even know what a white cross sign meant! He thought that he had the right to make a left turn even though the white walk light was on and pedestrians were in the crosswalk!

So the cops come and I was yelling about how rediculous this is, that my bf is in trouble but this guy broke the law entering the crosswalk and isn't in a nick of trouble. The cops looked ashamed(well, some of them), looking down at the ground, and one of them even admitted that they don't think this is right but it is the law until someone else changes it. They said if they were there they could have gotten them for a traffic violation but since they didn't hit us they can't do anything. I guess it would have been a completely different story if they hit us a little but since there wasn't contact the guy is clear. They ended up putting my bf under citizens arrest(where he still is now....). They said it was a misdemeanor and some other stuff I don't remember.

I am wondering if he has any chance of getting out of paying for the damages, since it was caused by the adrenaline from dodging getting hit and all that. I guess it could go into them trying to say he was an angry person and all that, but I mean under a situation where you have to dodge a car coming at you when you are in a crosswalk during the white walk time, damn! I kind of figure he is going to loose but I was wondering if anyone has any advice on this? I certainly think tapping the windshield was a bad idea, especially since it broke, but it just stinks for pedestrians since in these situations they are just done in for.
 
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CdwJava

Senior Member
While the driver turning left may have committed an infraction, that is not a defense to breaking someone else's window. While your boyfriend's reaction is understandable, the police may have had little choice but to cite or arrest your boyfriend for misdemeanor vandalism - especially if the owner of the car insisted upon it. If the driver asked to make a private person's arrest (aka a "citizen's arrest"), the police would have been required by law to accept it.

Your boyfriend has every right to hire an attorney and defend himself from the charges if he can.
 

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