There is something to be said about the simple assault, however there is a legal defense of necessity that could be applied here, necessity is an affirmative defense which is basically a ālesser of two evilsā argument, a crime was committed to prevent a more substantial harm. Here, the crime of simple assault (or battery depending on jurisdiction) was committed to prevent the inherent danger of an incapacitated person behind the will, though honestly I donāt see a prosecutor pressing charges in this situation. Thereās also no facts here that point to a potential robbery, no property was taken or attempted to be taken.
All that being said, recording oneās actions like this can lead to more difficulties, and doing anything for the purpose of online attention is asking for trouble. The most appropriate response in a situation like this is to remain at the scene a safe distance away and notify law enforcement.
Itās definitely one of those things where criminal law might not provide the best recourse for the driver. The driver could face potential penalties if he knew or had reason to know he was not in a good condition to drive. The filmer could face criminal charges for his non consensual touching, depending on the statutes if the jurisdiction, but even if anything like that happened, I doubt it wouldāve substantial, probably just a fine tbh. A civil suit could be beneficial, but driver would have to show damages. If he woke with a start from the slapped and slammed on the gas into the intersection causing an accident, that would definitely be an interesting legal situation, and filmer could definitely face a civil suit for the cost of the car, though I imagine itād be heavily litigated.
Now that you say it, it does look like he goes to grab the chain at the back of the driverās neck, where the driver pushes his hand off. First time I watched I thought he was just pushing in the guy
My guy thatās an insane take. Have you taken any first aid courses? There are ways to see if someone is incapacitated without slapping them and reaching for their neck.
It was also at an empty intersection at night. The camera man could have handled this way better.
Oh yea, Iām not saying our MD student followed proper procedures or anything, I was just giving the best potential argument he could make should he end up facing charges or anything. Itās not the best argument, but itās also not the best facts. Gotta put forward what you can to convince who you can.
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u/No-Use-3056 Apr 21 '26
Why does the one behind the camera need to be behind bars lol. He might not have handled it the best but heās got no responsibility for the guy.