Emeril was driving on his way to work when he saw a car weaving in and out of traffic. Suddenly, the car cut off Emeril, and he couldn’t stop fast enough, resulting in a rear-end collision. The other driver pushed Emeril, and Emeril punched back.
The city charged Emeril with Reckless Driving and Assault. We argued to the prosecutor that this was mutual combat, and that there was no proof that Emeril was driving recklessly.
As a result, the prosecutor decided to dismiss the reckless driving the morning of trial. After we were able to show Emeril completed anger management, engaged in community service, and demonstrated law abiding behavior over a period of time, we earned Emeril a dismissal on the assault as well.