Is Brake Checking a Felony?
When driving on the road, one of the most crucial responsibilities is maintaining a safe distance from other vehicles and respecting other drivers’ personal space. One common technique that some drivers use to reclaim their space is brake checking, which involves slamming on the brakes to stop a tailgating vehicle from getting too close. However, this aggressive driving maneuver can have serious consequences, and in some cases, it may even be considered a felony.
What is Brake Checking?
Brake checking, also known as "brake slamming" or "brake swerving," is a form of aggressive driving where a driver intentionally slams on their brakes to stop the vehicle in front of them from getting too close. This can be done in response to another driver tailgating or following too closely, but it can also be a form of revenge or a way to express frustration. Brake checking is considered an aggressive driving technique because it can cause sudden and unpredictable movements, increasing the risk of accidents, injuries, and even fatalities.
Is Brake Checking a Felony?
So, is brake checking a felony? The answer depends on the jurisdiction and the circumstances surrounding the incident. In the United States, laws regarding brake checking vary from state to state. While it is not necessarily a felony in most states, it can still be considered a serious traffic offense.
Felony Offenses:
In some states, brake checking can be considered a felony offense if it is committed in conjunction with other criminal activity, such as:
• Assault: In some states, intentionally stopping another vehicle by slamming on the brakes can be considered an assault, which is a felony.
• Battery: If the brake check causes the other driver to lose control of their vehicle and collide with another object or another vehicle, the driver may be charged with battery, which is a felony.
• Criminal Recklessness: In some states, a driver who intentionally engages in brake checking can be charged with criminal recklessness, which is a felony.
• Endangering a Human Life: If the brake check puts someone’s life in danger, the driver may be charged with endangering a human life, which is a felony.
Penalties for Brake Checking:
Even if brake checking is not a felony offense in your state, it can still result in serious penalties, including:
• Fines: Fines can range from a few hundred dollars to several thousand dollars.
• Community Service: Drivers may be required to perform community service, such as picking up litter or serving at a food bank.
• License Suspension: A driver’s license may be suspended for a period of time, ranging from a few days to several months.
• Jail Time: In some cases, drivers may be sentenced to jail time, ranging from a few days to several years.
• Traffic School: Drivers may be required to attend traffic school, which can be expensive and time-consuming.
Table: Brake Checking Laws by State
| State | Law | Penalty |
|---|---|---|
| California | V.C. §21658.1 | Fine up to $1,000, 30 days in jail |
| Florida | Fla. Stat. §316.1925 | Fine up to $1,000, 60 days in jail |
| Illinois | 625 ILCS 5/11-503 | Fine up to $2,500, 30 days in jail |
| Michigan | MCL 257.642 | Fine up to $1,000, 60 days in jail |
| New York | VTL §1250 | Fine up to $500, 15 days in jail |
Consequences of Brake Checking
Brake checking is a dangerous and aggressive driving maneuver that can have serious consequences. In addition to the potential legal penalties, brake checking can also lead to:
• Accidents: Brake checking can cause accidents, especially if the other driver is unable to stop in time.
• Injuries: Injuries can occur as a result of brake checking, including whiplash, broken bones, and head trauma.
• Fatalities: In extreme cases, brake checking can even result in fatalities.
• Insurance Claims: Brake checking can increase the cost of insurance premiums, as it is considered a form of aggressive driving.
Conclusion
In conclusion, while brake checking is not necessarily a felony offense in most states, it can still be considered a serious traffic offense that carries significant penalties. It is important to maintain a safe distance from other vehicles and avoid engaging in aggressive driving maneuvers like brake checking. If you are involved in a brake checking incident, it is important to remain calm and seek legal advice from a qualified attorney. Remember, brake checking is not a safe or legal way to reclaim your space on the road.
