A half decent defense lawyer will get this baby thrown out in a heartbeat.

1. SUV was a hazard, not where it should have been
2. no intent to cause damage with slap
3. probably no damage with slap
4. physical response from driver works in cyclists favor
5. general 'storm in tea cup' vibe, hopefully a judge will sigh and ask the DA if he really wants to waste the court's time with this