"I guess we inadvertently merged back in front of her," Fowle said. "She apparently took that as some sort of aggressive maneuver on our part."There are 2 sides to every story:
The next thing they knew, Fowle said, Hall was pulling up in the emergency lane and "chucking a big, supersized McDonald's cup at us." It flew diagonally across Ballin and onto Fowle. "It was gross and sticky and got all over me and the front of our car, the dashboard and the windshield," Fowle said.
Hall, whose family was driving from North Carolina to New York for a family party, saw the situation differently. She said she had never driven that route and was trying to keep up with her father's truck when Ballin cut in front of her the second time, causing her to swerve onto the shoulder. She said she was worried because her [in-labor, pregnant] sister's bulging belly almost slammed into the dashboard.Sounds like he had it coming. But here comes the LAW to the rescue:
Hall's next move was wrong, she said, but she felt provoked.
"It was past me ignoring him. I'm not going to lie; I was cursing him," she said. "I took the McDonald's cup. I tossed it over my car."
Elsasser argued in court that had Ballin been hit by the drink, he might have gotten into a serious accident with injuries. Hall also was found guilty of reckless driving, assault against Ballin and assault and battery against Fowle. For her conviction on those charges, the jury recommended she be fined $1,000.Instead a fine and community service, she got 2 years in prison for a felony. Hopefully, the judge will step in at sentencing.