Mischief in the third degree in Oregon is defined as “A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that the person has such right, the person tampers or interferes with property of another.” under Oregon Revised Statutes. I specifically stated that it was third-degree mischief since third-degree doesn’t include property damage, but you seemed to ignore me and/or the definition.
That is far more applicable than “harassment” which is defined as insulting and egging someone on in public, i.e asking them to hit you or threatening them, or subjecting someone to offensive physical contact. Calling out someone’s driving capabilities and telling them they are an asshole isn’t harassment by any means, and if you think it is then you are going against the First Amendment. I also did not cause “alarm” to him by honking a horn, the ORS statute for harassment specifies that “Subjects another to alarm by conveying a false report”, which essentially means that someone would lie to get someone to freak out, like saying there’s a fire when there isn’t. A horn is not a false report.
As for your second paragraph, I am legally allowed to follow someone all the way to their house if I wanted to. There’s no “stalking” law that prevents that, and it’s not harassment either. Harassment is defined in Oregon Revised Statutes as “Offensive Physical Contact” or “Abusing someone verbally to get a violent response”. I can’t tell you how many times people have told me that so & so is harassment when it’s literally not by definition, people get that confused constantly.
I also did not state that it was my purpose to scare him, I stated that I wanted to educate him and he got scared and drove off on his own. You are now twisting my words around and I don’t appreciate that. Nonetheless, even if I did admit to “scaring” him, that’s not a crime, and it’s not harassment either. I could go out and record someone in public without permission, rudely and legally, and although they may get scared and I say I wanted to scare them on purpose, I haven’t broken any “harassment” laws, or any laws at all. You should take a look at the definition of harrassment yourself since you’ve gotten it entirely wrong.
I also never once stated I was “acting in self-defense” as I was never being attacked in the first place nor claimed to be haha. If you are gonna throw around these legal terms then you should at least know the basic definitions of the terms, especially harassment in your case, since you have been spewing crap this entire argument.
I would also like to correct myself as I have also not even broken Mischief in the third degree, although that would be the most applicable to my actions of banging on his van window.
Since banging on his window causes no substantial inconvenience to the owner (getting his attention isn’t a substantial inconvenience by definition, and if you disagree then so be it), I have therefore broken no laws. That’s actually why it’s legal for a yard-trimming business to put flyers on your door advertising their business, or for a tow truck company to put stickers on your car. As long as it causes no substantial inconvenience, it’s not third-degree mischief. Like knocking over someone’s bike would be third-degree mischief as an inconvenience was caused, and if damage occurred it would be 2nd or 1st-degree mischief.
Inless you can find a law that I have broken (I have by legal definition broken 0 laws), then I am completely in the right as far as the laws see it compared to this driver. As for moral rightness, thats up to debate for you apparently, but me loudly verbally disagreeing with his driving capabilities and knocking on this asshats window is nothing compared to him nearly killing me.
This driver has commited Reckless Driving since he:
ORS 811.140 (Sub 1) “A person commits the offense of reckless driving if the person recklessly drives a vehicle upon a highway or other premises described in this section in a manner that endangers the safety of persons or property.”
ORS 161.085 (Sub 9) ““Recklessly,” when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists.”
I have not committed your accusation of Harassment since what I did doesn’t even come close to falling under the definition of harassment. I am also correcting myself since I didn’t even commit third-degree mischief. I have broken no laws.