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allreadyused
The Liquor



Registered: 09/10/07
Posts: 480
Loc: Trailer Park, Nova Scotia
Last seen: 8 years, 23 days
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Friend dodged a bullet (DUI)
#7854360 - 01/09/08 03:39 PM (16 years, 23 days ago) |
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This happened a few days ago... My friend was driving home (wasted) on an unfamiliar road. He lost control on a sharp turn he didn't realize was coming up and wrapped his van around an oak tree about 3 feet in diameter. Thankfully he was wearing his seat belt and wasn't hurt. He gets out of the van to inspect the damage and the doors lock behind him; the key was still in the ignition. The van had a key pad on the door but since there was no electric it wouldn't work. So now his cell phone is locked in the van. Why he didn't just brake a window to get the phone is a mystery to me; the van is totaled so it's not like it'll make a difference. Probably because he was drunk and in shock from the accident would be my guess. Now luckily this happened on a back road in the middle of nowhere otherwise he would probably have been arrested. He knew where he was and that there was a convenience store a few miles down the road so off he went. He told me he jumped into the woods a few times to get out of site because he could see the lights and hear the sirens of the police and fire department. Eventually he made it to the store and saw somebody he knew and talked him into giving him a ride home. By this point he's pretty much sobered up; walking in 30 degree weather for an hour and a half tends to do that. So he gets home about 4:30 in the morning and calls the cops to report the accident. The cop totally freaks out on him yelling and screaming over the phone. "Why did you leave the scene!" "To call and get some help officer, my cell phone was locked inside the van." "Well, why didn't you knock on somebody's door for some help!" "It was 2:30 in the morning, I wasn't hurt and didn't want to wake anybody up." His wife is pretty pissed but she's getting over it because she knows it could have been worse, ie DUI or death. Anyway the cop says he's charging him with hit and run and the summons will come in the mail. This brings it to my point. First off wouldn't it be technically leaving the scene of an accident and not hit and run. Second it was no more than 2, 2.5 hours after the accident that he called the police to report it; I was told that you have up to 24 hours to report an accident like this before they can charge you. I think the cop's just being an asshole because he's pissed he didn't get to bust someone for DUI. By the way the cops in the area this happened in are real assholes. You know, real the hero cop hard ass mindset. He's not worried about getting into any trouble and I think he's got a pretty solid defense. He's going to call the magistrate when the summons comes in the mail to talk about it and depending on what the magistrate says he'll decide weather or not he needs a lawyer. He's got the money for a lawyer and has some connections in the community but he doesn't really want to spend the cash on one if he doesn't have to. I told him he should get one regardless and he probably will. Any input or advice for him?
-------------------- Everything I say is for entertainment. Fuck the ASPCA
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Friend dodged a bullet (DUI) [Re: allreadyused]
#7854639 - 01/09/08 04:23 PM (16 years, 23 days ago) |
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what state?
in my state you get 24 hours to report the accident
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Re: Friend dodged a bullet (DUI) [Re: johnm214]
#7855699 - 01/09/08 07:42 PM (16 years, 23 days ago) |
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You might as well wait and see if charges are filed before worrying about it. It doesn't matter jack-shit what the cop said. The prosecutor reads the report and decides what, if any, charges to file.
I wouldn't sweat it. There are plenty of defenses in a case like this. Your first priority after an accident is to seek medical attention and then to report the accident. It makes no sense to simply wait around hoping that somebody comes by.
Your friend did the right thing and avoided a DUI.
-FF
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Friend dodged a bullet (DUI) [Re: fastfred]
#7855749 - 01/09/08 07:49 PM (16 years, 23 days ago) |
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yep, and besides... even if your state law is stupid enough to convict that guy, its alot better than a dui.
I doubt a judge will give two shits about it, just get a small fine.
Your friend turned himself in voluntarily, hurt no one, and the cop doesn't know shit, most likely.
Like fred says, the prosecutor will determine the charge. Even if they file a charge, the prosecutor will look at it at some point, and if your friend doesn't just plead guilty, its likely the prosecutor would just throw that shit out and charge him for failure to conrol or some minor b.s.
If they do try to fuck him, just get an attorney, plead not guilty at the arraignment (request a public defender if neccessary) and demand to go to trial if the law allows you to call w/in so much time to report it.
The public defenders can't plead you guilty w/out your consent, and when they tell the pros. your sticking to it, they'll probably fold.
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Re: Friend dodged a bullet (DUI) [Re: johnm214]
#7855803 - 01/09/08 08:01 PM (16 years, 23 days ago) |
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He was involved in a single-car accident, so it's quite possible that he'll get some sort of citation.
Operating at an unsafe speed, inattentive driving, etc.. No big deal, that's just part of the consequences when you cause an accident.
Since nobody was hurt and it doesn't sound like there was any real damages they probably won't bother preparing a case against him. If they do charge him I suggest pleading not guilty. The prosecution isn't going to really have any evidence at all except for a accident scene photo. Meanwhile you can go on at length in your defence and present any sort of evidence that you can dig up.
I suggest trying hard to remember what might have caused the accident and using that as a defence against any tickets. An animal might have been in the road or someone might have been hogging the road, etc.. If he was adjusting the radio or something then I suggest just paying the fine.
-FF
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allreadyused
The Liquor



Registered: 09/10/07
Posts: 480
Loc: Trailer Park, Nova Scotia
Last seen: 8 years, 23 days
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Re: Friend dodged a bullet (DUI) [Re: fastfred]
#7860471 - 01/10/08 04:36 PM (16 years, 22 days ago) |
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Quote:
what state?
in my state you get 24 hours to report the accident
PA, I'm not positive but I'm pretty sure it's 24 hours here as well. I hit a deer last summer and my car had to be toed. I called the cops to report it after I got a ride home and they didn't care, they even helped me find a 24 hour tow service. But I dealt with the state police. He had the pleasure of talking to local pigs.
Quote:
I wouldn't sweat it. There are plenty of defenses in a case like this.
He's not; and he's got a pretty good defense anyway. The middle of nowhere, in the middle of the night, and no proof he was driving under the influence. I'm sure the cop knows or at least suspects he was drunk but he has no proof. Cops hate it when they know you got away with something they could have busted you for. I'm sure that's why he was such an asshole over the phone.
If a summons actually comes in the mail I'll post an update. Thanks for the input.
Oh, I forgot. He has a history in this county with the po po. It all stemmed from an incident that happened about 10 years ago. He was still dating his wife at the time and he had a suspended license. He picked her up from work and they got pulled over for a tail light. Before they pulled over he told her to lay the seat back and act like she was sick. The cop pulls them over and he asks for a license; which he didn't have. He was polite with the cop and said "I know I shouldn't be driving but my GF is sick and she couldn't drive. We were on our way home; she had to leave work early because she's sick." After some more bullshit and ass kissing the cop let him off with a warning and told him to go home. Well, fast foreword 3 years... New Years eve, they're getting ready to go out and there's a knock at the door. He opens the main door but the storm door with a screen in it is still closed. It's a dude "Can I help you?" "Are you John Smith?"(not his real name obviously) "Yes, who's asking" The guy reaches for the storm door, he locks it as the dude reaches. "Well, I have a warrant for your arrest." It was the Constable. Apparently the cop who let him off with a warning 3 years prior decided after he got back to the station he changed his mind and neglected to mail him a citation. So now (than) there's a warrant for an unpaid fine. He shows up at the magistrate office a week later to answer the charge. He represented himself because he thought it was a pretty rock solid case. The cop wrote on the citation the wrong color, year, and model; and there was no signature on the citation. Basically the cop lied to the magistrate about giving him a warning and said he refused to sign the ticket. When he got a chance to question the cop he basically made him look like an idiot saying that the same car he was driving that night is parked outside of the magistrate's office. Well, since he was a smart ass to the cop in the courtroom and he didn't have a lawyer, the magistrate like a prick sided with the cop. As he was leaving he told the magistrate "This is bullshit, I'm going to get a lawyer and appeal." Sure enough he got a lawyer, filed for an appeal, and never even had to go back to court. The lawyer took care of everything. So hopefully there's a different magistrate now. Maybe that's why the cop was so pissed off. He recognized the name and was still bitter from years before.
-------------------- Everything I say is for entertainment. Fuck the ASPCA
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Friend dodged a bullet (DUI) [Re: allreadyused]
#7860539 - 01/10/08 04:48 PM (16 years, 22 days ago) |
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doesn't look to me like he had any obligation whatsoever to call the police at al, he only has to provide information to any person who's vehicle was damaged (himself) or who was injured (himself)l:
http://www.deadlyroads.com/laws/pennsylvania-hit-and-run-laws.shtml
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Re: Friend dodged a bullet (DUI) [Re: johnm214]
#7860628 - 01/10/08 05:04 PM (16 years, 22 days ago) |
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If the damage is over a certain amount you usually have to report the accident.
I remember one time I was running from a cop and shot through a stop sign at a "T" intersection and went right into the ditch and smashed up my car. A cop saw me walking a little later and took me back to the scene. We went over all the damage and I just kept saying "Yep, it was already like that." Finally he asked if there was ANY damage from the accident and I pointed to a scratch and said that it wasn't there before. He looked at my skid marks and told me that they could measure them and issue a ticket based on them. Then he gave me a ride into town. He was one of the few nice cops I've come across.
-FF
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Friend dodged a bullet (DUI) [Re: fastfred]
#7860681 - 01/10/08 05:18 PM (16 years, 22 days ago) |
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haha,
that's great
in my state there is no requirment to report damage unless you hurt someone or another's property.
You total your car on the freeway, you can just tow the fucker off yourself, as long as you don't get shit all over the road or know down a bridge or something.
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FondaCox
Ms.firstrecipientofaPMBanEVER



Registered: 05/20/07
Posts: 15,275
Loc: CanoooooooDIA
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Re: Friend dodged a bullet (DUI) [Re: allreadyused]
#7863358 - 01/11/08 02:08 AM (16 years, 21 days ago) |
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Well if this was Law and Order on TV...
There would be witness that saw him drinking earlier in the night...
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Seuss
Error: divide byzero



Registered: 04/27/01
Posts: 23,480
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Re: Friend dodged a bullet (DUI) [Re: FondaCox]
#7863539 - 01/11/08 03:28 AM (16 years, 21 days ago) |
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> Well if this was Law and Order on TV...
And with CSI, we probably have some alcohol residue on the steering wheel along with DNA that proves where it came from. I'm guessing there is also a good mathematical model that will show us what route he was driving based upon various weather and traffic conditions at the time. Oh, and if we were in England, it would all be recorded by one of the various cameras that monitor everything.
-------------------- Just another spore in the wind.
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