Analyzing a “Road Rage” Legal Case

Analyze a case of “road rage” related to State v. Almeida, 356 P.3d 822.

Driver 1 cuts off Driver 2, and Driver 2 “tailgates” Driver 1. Driving beside Driver 1’s car, Driver 2 pulls up next to Driver 1 and waves a gun in the air. Driver 1 stops at the next stop light, exits his car and pulls out a handgun he holds by his side while standing next to Driver 2. When the light changed, Driver 1 returned to his car and drove away, followed by Driver 2, who called 911. Driver 1 was charged with aggravated assault with a deadly weapon. Should he be convicted? Did he “assault” Driver 2? If so, what are his defenses?