Is this illegal?

[AccusedOffender]

So I was driving to work one morning on the highway, upon approaching the exit a car cuts in front of me without a blinker, and caused me to slam on the brakes and drop from the posted speed of 55 to 45. After turning onto the main road, I made my way over to the far left lane of the 3 lane road. All of a sudden that same care cuts me off again without a blinker causing me to once again slam on the brakes. I then got into the lane to the right and went around the aggressive driver without cutting them off. The car then followed me on my next turn and sped up beside me and their passenger angerly yelled something. I could not hear them because my window was up, but they looked pretty agitated. The car then dropped back behind me again and followed me into the employee entrance of my work, only to be sent away by security for not having permission to enter. While at work I was pulled aside to speak to police, apparently the aggressive driver filed a complaint against me for harassment under the statute use of offensive language or obscene gestures in a public place. The lady of the car said I flipped her off and screamed offensive language to her after she admitted to police she cut me off.

Here is the thing, in her statement she said I held my hand out the window and flipped her off, and then yelled at her using offensive language. My driver side window has not worked for over a month, it was rolled up and will not go down. Also my windows are tinted to the maximum legal amount, meaning you can't see through them without direct sunlight, and this incident occurred at 9:20 in the morning when the sun had not shown itself from the clouds. There is no way for her to have seen or heard any of my actions especially language wise. I have a receipt for my window motor that I even purchased before the incident, but I had yet to fix the issue. There are no witnesses to this incident besides the passenger of her car (her husband), which is an incedibly biased witness. I feel that if anything I was the victim of harassment. I tried to charge her for harassment aswell, but the police apparently don't cross-file complaints which is a major loop hole in prosecuting offenders. It's pretty much first to file the complaint gets away free of any punishments they may have deserved. However my question is am I at fault here, and do you think I will lose this case? Also isn't this charge in violation of my first amendment right of freedom of speech, which does not include "except for..."? Finally is this act even considered to be in a public place, after all it would have taken place in my car if it occurred?

[retdetsgt]

Were you actually charged with anything or did the police just want to talk to you about it? Sounds like a "she says, he says" case. Unless you are issued a citation or physically contacted by the police, I'd let it go. I don't see a case being made by either one of you in this matter.

[mcsap]

SO did you tell the officer everything that you have told us ? Did the officer ever come look at your car ?

[AccusedOffender]

I was issued a citation for "use of offensive language and obscene gestures in a public place." I told the officer everything that you see on this page, but with much more details such as street names ect. The reason he said he issued me the citation is because when he asked what happened on the highway I said nothing did, because to me this all started when we were on the main road. The officer then said they are a more credible source and issued me the citation. He did not look at my car window, and he did not even read my statement.

[AccusedOffender]

I don't see a case being made by either one of you in this matter.

I don't want to make a case against her, I just want to have enough evidence to have this case dropped. Do you think that what I have is enough? Also should I contact the police and set up a time when they can inspect my car window?

[retdetsgt]

Did they say you were being charged or did they say someone filed a complaint? Filing a complaint is merely filing a police report. Sounds to me like they were just getting your side of the story.

If it were me, I'd wait and let them contact you. I doubt you will hear from anybody from what you've said so far.

[AccusedOffender]

I have a ticket with a court date on it

[retdetsgt]

Take lots of pictures of your car and take them to court with you.

[BP348]

I agree with RDS take lots of pictures, with the date on them!! also I know it sucks but I would also go to your local mechanic or car dealer and have them inspect your car and give you something in writing that says that your window doesn't operate. Kind of hard for you to stick your hand out the window and give her the bird and yell at her if the window doesn't work. But you can't just go in and say "my window doesn't work." you need some kind of proof. After that her whole case pretty much goes out the window (pun intended )

It's going to be a hassel but after you get all this done and over with you can take her to small claims court to pay for all of this.

[AccusedOffender]

Alright thanks you guys for all your help. When I take pictures of my car what should I take pictures of?

[retdetsgt]

Alright thanks you guys for all your help. When I take pictures of my car what should I take pictures of?

Whatever will substantiate your side of the story in court.