Water balloons = battery?

My son was just charged with battery for tossing a water balloon at a car. it didn’t break, but it did hit the driver in the arm(his window was open). I’m sure that the driver didn’t get a medical report, because he wasn’t injured. My son and his friends said that the driver lunged at his car when he was making a legal left turn, like he was going to hit him, after that my son tossed the water balloon(underhanded). Does anyone have any pointers on how to get this charge dropped?? it seems so silly. I’d understand if there was injury or damage, but there wasn’t.

Answer #1

Simply a Rose to brighten your day,         And maybe lessen the cares in your way;         And also, too, to help you to know,         That in knowing you, many others grow!

  Sorry amoeba, but assaulting someone is also illegal whether there is an accident or not. If he had caused the other driver to have an accident and kill someone would you still find no equating it with drunk driving laws?

Answer #2

Sounds like a scare ya law that a judge will probably through out of court. You may want to speak to a lawyer about how to get it dropped or lowered to a misdeamenor.

Answer #3

As the mother of a 28 year old son, I have been in your position before, wanting to help my child when he acted incorrectly.

Do I think your son should have been charged? yes Do I think it is a horrible crime? no Do I think you need an attorney? yes

It might also help to enroll your son in an anger management class or have him see a therapist. A judge would see that as a parent in control and willing to nip this type of thing in the bud. Once, my son was with a group of young people at a party (when he was 21) there were underage drinkers there. The police came and arrested everyone that was 21 or over and charged them with contributing. It was not my son’s party, he was there with a friend and didn’t know most of the people there. Did I think it was fair? yes and no. But I didn’t want him to get a record. I asked him to enroll in an alcohol abuse program, he did. I also did NOT try to excuse his actions. When he saw the underage drinkers, he should have left. When they went to court, he was the ONLY person whose case was thrown out. The judge saw that he was taking responsibility of his actions on his own. Said so in his ruling.

Now, as for the story about he threw the balloon after the man lunged at him. I don’t know your son, but I doubt that story. A young person isn’t just minding his own business and just happens to have a water balloon and only tosses it once the victim does something wrong. Your son was out waterballooning cars. Simple as that. A poor decision, an immature decision. I also don’t by the part about tossing it underhanded. And I don’t think a judge would buy that either. And if you and your son go to court and either of you have the attitude that it’s no big deal, no harm done, it’s the victim’s fault. Well…that will not bode well for your son in court and quite honestly gives him the wrong attitude and justification about his actions. There could have been an accident. What if it had been an elderly driver and it scared them? Actions cause results, awful things can happen triggered by a small incident. Your son has no business tossing water balloons or anything at moving traffic. That is a potentially dangerous action. And you should see it as such. I wouldn’t just laugh it off or have the attitude that the victim wasn’t hurt. The results could have been quite different.

Answer #4

ethmer - what a ridiculous example… driving while intoxicated is illegal…whether there is an accident or not. this young man’s actions in NO way equate with drunk driving…

Answer #5

maybe you should watch your kids more, altough this incident isnt that serious it could turn into something when he gets older

Answer #6

a non exspensive lawyer wud b the best way to go..

Answer #7

I agree that his action could have caused serious results. Read my answer. I just think that to equate throwing a waterballoon at a car and DRIVING a car while intoxicated is ridiculous. And, believe me, a judge would also.

While we both agree that her son’s behavior was incorrect and could have caused an accident, the act of taking the wheel of a vehicle while intoxicated is in and of itself a crime. Throwing a water balloon is not a crime, he could have misssed the car completely, then there would be no crime. While drunk driving is a crime whether you have a wreck or not. Simple assault and drunk driving will never carry the same penalties or results.

Answer #8

Simply a Rose to brighten your day,         And maybe lessen the cares in your way;         And also, too, to help you to know,         That in knowing you, many others grow!

  Welcome to Fun Advice!

Silly? No! Throwing water balloons at someone operating a vehicle can cause a serious or even deadly accident. You don’t say how old your son is. Maybe, if the charge is or is reduced to a misdemeanor then it may be sufficient to teach him a lesson.

A correlation, we should simply not charge drunk drivers for being drunk behind the wheel as long as there is no accident.

Answer #9

Just to let everyone know, my son was seventeen at the time and turned eighteen about a month afterwards. So for the reply above, Ethmer, I don’t agree with your “correlation” line. While there are so many kids his age out drinking and driving, my son threw a water balloon, not even close. And he wouldn’t have thrown it if the other driver had not lunged his car towards my sons car, it was a reaction.

Answer #10

I would say the act of throwing anything at a moving vehicle has to be a crime. Maybe not the equavalent of driving drunk, but that is irrelevant. Neither commits their crime with the intent to harm, but the results can be just as deadly.

There are degrees to everthing. Driving while just over the legal blood alcohol limit is obviously not as bad as driving while at twice the limit? Should there punishment be different? I don’t think so.

I agree with ethmer on this one.

Answer #11

the world is just going insane. next thing will be spit balls are deadly weapons- or biological weapons, the guy that got hit by the water balloon needs to get a clue.

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