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Bar Practice Question for May 28th

For the past three weeks, a shopkeeper has been actively protesting the construction of a major overpass in his small town. Every day, he blocks traffic and yells disparaging remarks at the drivers who are "sacrificing their hometown just so they get to work quicker." A driver and a passenger who regularly carpool to work have grown frustrated with the shopkeeper and at having to leave for work 30 minutes early because of the traffic delays he has caused. One morning as they are driving past the shopkeeper's regular location, the shopkeeper spits at them through the open window of the car. The passenger manages to duck, but the driver is spattered with the shopkeeper's saliva. The shopkeeper is charged with the assault of the passenger.

What is the most likely result at trial?

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