Posted by: Susan Murphy

Is it a crime to drive through a group of protesters? The Modern Attorney reveals a surprising answer.

Author: Susan Murphy | Editor: Ugo Lord

Several videos of “Just Stop Oil” protesters have gone viral for months, as this band of activities block roads to raise awareness of the planet’s health. Many believe that while their cause may be just, their execution is frowned upon since it prevents powerless individuals from commuting to work. This has led drivers to ask whether driving through protesters is a crime.

This persistent inconvenience has produced outrage in many, and one viral video shows a bus driver who has had enough. This clip reveals a group of protesters blocking traffic and obstructing the bus, but the driver keeps moving forward at a gentle pace.

The video naturally raised questions online. People wondered whether the driver committed a crime considering there were no injuries and he moved at a pace that was easy to avoid. Fortunately, TikTok star lawyer Ugo Lord provides the answer to this question. 

The famous lawyer comments that some states have laws to protect drivers in confronting protesters. However, these laws only apply to riots and if the driver reasonably fears for their safety. 

He explained, “These laws do not allow drivers to intentionally hit peaceful protesters.” He also highlighted that the laws don’t protect drivers who target the protests in any way with their vehicle. 

Therefore, the bus driver in this viral video could potentially face charges for intentionally driving through protesters. 

In what situations does the driver immunity law apply?

For example, in the state of Oklahoma, a driver won’t be criminally or civilly held liable for unintentionally causing injury or death to an individual. However, the driver must prove that they were fleeing from a riot that threatened them with injury or death. 

Furthermore, the driver must also prove that they exercised due care at the time of the injury or death. One example is of two drivers in Hollywood who drove through violent protesters in 2020, claiming that the protesters attacked their vehicle and they were trying to get out of the situation. 

While the police pursued and detained the drivers, no arrests or charges were filed as of September 25th, 2020. Furthermore, the LAPD also declared the protest an unlawful assembly due to the repeated acts of violence and property damage. 

However, in the case of this bus driver in the viral video, he wasn’t in a viable threat of harm or death; therefore, he has no immunity for driving through the protesters. If prosecuted, he could face charges such as a hit-and-run or even attempted homicide. 

Nevertheless, these potential charges don’t stop the internet from siding with the driver. One top YouTube comment on the viral video takes a legal approach, commenting, “Pretty sure blocking a vehicle so they have no option to leave and screaming to intimidate them when they try to leave is false imprisonment.” 

Another user said, “It should be illegal to protest in the middle of the street,” Ugo Lord replied, “In most states, it is illegal to protest without a permit! “

Current Status of the Driver 

While there are rumors on social media that the driver was arrested but released on bail, there is no concrete evidence to support this claim. For now, many feel sympathy for the driver, and support the driver’s decision to gently nudge the protesters out of the way.

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