Quote:
Originally Posted by down boy
Damn, what a drunken jackass! Good job on keeping your cool and not squaring off. I don't know if I could have showed that restraint. But since you were cool, you can now nail him without him having any counterclaims.
I could be wrong but I believe a battery has to be bodily contact, so if he spit on you, that could be battery; not sure about his spitting on the car. (Although I think I faintly remember reading a case in law school where someone knocked a camera out of a person's hand and that was considered battery because a camera is closely held/attached to a person's body.) In some states, assault is the same thing as battery. But in other states, assault is separate so that if a guy threatens you so that you reasonably think you're in imminent physical harm, even if he never makes contact with you (like coming toward you and raising his fist and saying "I'm gonna punch you!"), he could be guilty of assault.
But I agree with the above posters and think property damage to your car is the best bet. Good luck!
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Can't he sue for harassment?
Sucks because there was no witnesses there to witness the harassment.
I would not even go through with pressing charges just to have a small nick fixed on my bumper. The way I see it, I would have to miss a day of work/class to get this done, plus the time, which is definitely not worth it. You are going to lose more money than you are going to gain.
If you just want to press charges so that you don't let the guy get away with it... thats another thing, but the guy is an asshole and he is not worth it. I'm sure its not the first time he does this or the first time he has had the cops called on him for something like this.
I would just let it go only because its a waste of your time.