Road Rage, Manhattan Beach, Client Vandalizes Other Car

In late October, 2023, our client, age 52, was rear ended by a Tesla driver in Manhattan Beach on Manhattan Beach Boulevard east of Polliwog Park. Our client was riding a motorcycle, but was not knocked to the ground.

Prior to the incident, our client was heading westbound from his home in Lawndale to a home construction site in Manhattan Beach. Our client was a construction manager responsible for coordinating all phases of construction of a multimillion dollar home.

The Tesla driver had just dropped off his child at the school near Polliwog park. As he approached a red light facing him at Manhattan Beach Boulevard, he turned right without coming to a full stop (a “California stop”) and, apparently not seeing our client on a motorcycle, turned about 30 feet in front of our client, who had the right of way.

Our client slammed on his brakes to avoid a collision. He then sped up alongside the Tesla driver and motioned to him that he was not pleased with his driving. The Tesla driver did not seem to respond, so our client sped up in front of the Tesla and slowed down his motorcycle until he was only going perhaps five miles per hour. The Tesla driver did not respond quickly enough and rearended our client, knocking his license plate and rear fender off onto the street.

Our client moved to pull over to exchange information, only to look up and see the Tesla driver leaving the scene at a high speed, as only a Tesla can do.

Our client then chased after the Tesla driver and caught him at a stop light. He got off his bike and walked up to the driver’s side of the Tesla, yelling at the driver. Our client then used his gloved hand to knock off the driver’s side rearview mirror. The Tesla driver then emerged from the car and our client sprayed POM spray, a pepper spray, at the Tesla driver because the driver exited the vehicle in an aggressive manner.

Within minutes, a Manhattan Beach police cruiser arrived at the scene. The officer did not arrest the Tesla driver for hit and run. Instead, he arrested our client for alleged violations of California Penal Code §§ 22810(e)(1) (“Possession / Use of Tear Gas / Pepper Spray”) and 594(b)(1) (“Vandalism”).

A mutual friend of the client and Greg Hill called Greg and Greg rushed to the Manhattan Beach Police Department, where he visited the client in jail there. Greg listened to the client explain what had happened.

Greg explained that possession of tear gas could be filed as a felony or a misdemeanor, but Greg anticipated a filing as a misdemeanor because of the client’s age and use of it, arguably in self-defense, and because the client state he had no prior criminal history.

Moreover, his use of “pepper spray” (actually, it was a diluted form sold by Amazon online) may not be charged as such and may instead could be charged as misdemeanor battery instead.

Greg explained that he expected the vandalism charge to be filed as a felony because the replacement or repair cost to a Tesla rear view mirror was most likely above $450, the threshold between misdemeanor and felony vandalism.

The client then retained Greg Hill & Associates and Greg appeared with the client in the Torrance Superior Court at the client’s arraignment on felony use of tear gas and misdemeanor vandalism charges two days later. The client did not post bail and was released after posting bail at the bail schedule amount. Greg had argued for an “own recognizance” release because the client had no history of any bench warrant being issued for him for failing to appear in court and that he did not know the Tesla driver, so public safety was not endangered. The judge disagreed, stating that the offense was violent and anger filled.

Greg and the client then appeared several more times in the Torrance Courthouse. The case was eventually resolved for felony use of pepper spray with two years of formal probation and an obligation for our client to perform sixteen days of community service and to reimburse the Tesla owner for the cost to replace his left-side rearview mirror ($1,460).

As a condition of the plea bargain, the People agreed not to oppose a motion to reduce the felony to a misdemeanor upon the client’s completion of probation. The client was happy with this resolution.

This resolution was not the ‘home run” we sought. In fact, the reader may find it surprising that the Tesla driver was not charged with felony assault with a deadly weapon (Penal Code § 245(a)(1)) for using his Tesla to strike the rear of the client’s motorcycle and hit and run (Vehicle Code § 20002(a)) following the collision.