false accusation 243.35 battery on transit property

[homerunkevin]

What is the name of your state (only U.S. law)? CA

Good Afternoon everyone. Thanks in advance for any support or feedback.
Everyday me and my wife both drop of my son to preschool and park our car at Daly City Bart. On 9/10 at 8:10am, while were half way walking over to side walk which is very short, the lady with red car enter the driveway slowly because of the turn and speed up to couple of feet in front us, yelling and cursing something along the line, " you stupid get off the street and some other bad words and middle finger." She was cussing at my wife and just was very rude when we were walking 45 degree to to side walk. anyway this is unlike I waking 90 degree right into the car. I then proceed to go up to driver side because she roll down her windows and we exchange words again. I got her attention by hitting on top of the car, you know you need to allow pedestrain to walk over the sidewalk, are you trying to run us over? she was tick and the car was still running, she came out with a club. She then realize she had to go back to put the brake the car. she threaten me " i going hit you wit this" My wife then said, forget about this. She crazy or out of her mind. so we let go and proceed to walk toward bart. she came running after us saying watch i going to call the police, " you lucky my boyfriend is not here" When we were waiting up for bart, police came which I was very surprise because she was the person that threaten me. The police gave me citation 243.35 battery on transit property because she claim that I hit her? AT no point did i went into window touch her. Which was the reason we decide to walk away and go to work. She was such a big lair and trying to accuse. Let say if i going to hit her, I'm not going to walk and wait the police to catch me. In any case, I need to look for advise and a lawyer because I think she has some issue. She needs to go through some counseling or be fine for testing false information.

All the police said they whether this is true or not needs to handle in court.

Thanks again for your support, feedback and tips on how to attack this case.

 

[CdwJava]

I suspect you mean PC 243.3(a) ... there is no 243.35.

241.3. (a) When an assault is committed against any person on the
property of, or on a motor vehicle of, a public transportation
provider, the offense shall be punished by a fine not to exceed two
thousand dollars ($2,000), or by imprisonment in a county jail not to
exceed one year, or by both the fine and imprisonment.
(b) As used in this section, "public transportation provider"
means a publicly or privately owned entity that operates, for the
transportation of persons for hire, a bus, taxicab, streetcar, cable
car, trackless trolley, or other motor vehicle, including a vehicle
operated on stationary rails or on a track or rail suspended in air,
or that operates a schoolbus.
(c) As used in this section, "on the property of" means the entire
station where public transportation is available, including the
parking lot reserved for the public who utilize the transportation
system.​

If she signed a citizen's arrest or indicated she wanted you placed under arrest for the battery, then it will be the two of you and your spouse squaring off in court. Most DA's tend not to go forward with these "he said, she said" sorts of cases. But, you never know.

It would not hurt to consult an attorney prior to the arraignment date (on the citation).

- Carl