Brake Checking Sparks Drama On I-35 With Gun Threats

I teach behind-the-wheel driving on the side. One of the most asked questions I get is “what do I do if someone brake checks me”?

It happened last week on I-35. Here’s an example of how NOT to respond.

According to a criminal complaint in Scott County, a driver called law enforcement after another driver pointed a gun with a laser scope at the first car. The driver of the first car described it as a “larger than compact pistol with a large scope or optic”. When asked, the driver said they felt as if they were being tailgated and “tapped the brakes” before the incident happened.

A witness to the incident claims they saw a Nissan car brake-check a black pickup, causing that driver to swerve onto the median and curb. So, the front driver is probably under-reporting what happened.

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The driver of the pickup was found and denied ever pointing a gun, but said he “waved his hands” at the other driver. A later search warrant found a gun in the vehicle that matches the description from the first driver. So, the following driver is probably under-reporting what happened.

Both drivers need to learn how to tell the truth. The pickup driver who was waving a gun anywhere near Minneapolis last week needs to learn how to read the room.

That story ends with a charge of felony threats of violence for the driver of the pickup.

So, that’s an example of what NOT to do, but it doesn’t answer my student’s question.

"Brake checking" is not a specific criminal offense defined in Minnesota statutes, but it is illegal because it falls under existing laws against reckless or careless driving. This aggressive maneuver can result in significant legal penalties and civil liability if it causes an accident.

Minnesota law prohibits operating a vehicle in a manner that endangers property or people. A driver who "brake checks"—suddenly and intentionally slams on their brakes to intimidate or harass a tailgating driver—is consciously disregarding a substantial risk, which constitutes reckless or careless driving. 

The relevant statute is Minnesota Statute 169.13, which classifies careless or heedless driving as a misdemeanor offense.

In Minnesota, determining fault in a rear-end collision involving a brake check can be complex.

• General Rule: In most rear-end collisions, the driver of the following vehicle is presumed to be at fault for not maintaining a safe following distance.
• Brake Checking Exception: If the lead driver deliberately caused the crash, they may be found primarily liable. If proven, the victim can still recover damages under Minnesota's modified comparative negligence law, provided the victim is found less than 50% at fault for the accident.

So, what should you do if someone brake-checks you?

Evidence is crucial for proving that a brake check occurred. Useful evidence includes:

• Dashcam footage: This is often the most valuable, unbiased evidence.
• Eyewitness testimony: Statements from other drivers or passengers can help establish intent and circumstances.
• Physical evidence: Skid marks, vehicle damage, and accident reconstruction analysis can support a claim.

If you are a victim of brake checking, it's recommended to document the scene thoroughly and contact law enforcement. If you're a brake-checker, understand that you can still be found liable even if the other driver rear-ends you.

Those are the road rules.