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  • #61
    strangerdude
    Senior Member
    • Jan 2009
    • 1762

    As for as I know a hit and run with no injuries is a misdemeanor, she probably just got fined.

    Comment

    • #62
      retired
      Administrator
      CGN Contributor - Lifetime
      • Sep 2007
      • 9412

      I just won't post here anymore
      That is your decision. If you are unable to follow the rules, perhaps it is best that you do not. Thank you.

      Comment

      • #63
        eltee
        Senior Member
        • Jul 2008
        • 897

        Originally posted by TooManyHobbies
        ...
        But here's a question... is it SOP where you worked to release an intoxicated suspect in a possibly stolen vehicle with no identification, license, registration, etc, to drive away again? I think not. Find me another reason for the officer's "sympathy" and I'll withdraw my comment. Beyond that, the facts stand.
        In your original description of the incident, I believe you described the other driver as "smells of beer." That does not establish intoxication. A cop with more than 2 weeks on the job can usually establish if a driver is a possible DUI within a few minutes post contact, and if there is a probability of that then further tests will establish whether or not he is.

        Within minutes, a radio or computer check can determine if a car is stolen, currently registered, to whom and if a person provides verbal info (CDL #, full name, DOB, etc.) that can also be verified. The plate check is often done before exiting the patrol vehicle. Based on your account, this was only a fender bender (and thankfully neither you nor any companions was injured).

        Here's the delio. If I let a drunk get back into the car and drive away because he's one of my homies, and he gets in a wreck I'm going to be in a legal nightmare. It has happened before and cops have been disciplined by the department, sued by injured parties, etc. Just because a suspected DUI/Car thief is from the mother country doesn't mean he's going to skate. Sure, it's possible, but not likely. Too much at stake. That cop knew you were there and had called for assistance in the first place. He put alot on the line if, in fact, he let a DUI in a stolen car simply drive away.
        Last edited by eltee; 07-16-2009, 11:45 PM.

        Comment

        • #64
          Superfly
          Member
          • Nov 2008
          • 161

          Here's an update on the OP.
          My wife contacted the DMV (we still have not gotten the police report they are back logged) and she found out the other woman has already claimed that my wife hit her at another intersection 2 blks. before the actual site.
          She said she thought that since her car was dented already, and it wasn't her fault, she wasn't going to do anything about the damages and kept going.
          Since she claimed my wife hit her, we might have to go 50-50 even though we have uninsured with mercury. You see our only witness is my wifes sister. If my wife didn't have to chase her down they could have gotten a witness at the scene.
          My guess is this woman has been down this road before and knows just what to do. I'll really be pissed if this woman get's her van fixed thru my insurance.
          Thanks again for the reply's and advice.

          Comment

          • #65
            Fire in the Hole
            Senior Member
            • Oct 2008
            • 1563

            Originally posted by Superfly
            Here's an update on the OP.
            My wife contacted the DMV (we still have not gotten the police report they are back logged) and she found out the other woman has already claimed that my wife hit her at another intersection 2 blks. before the actual site.
            She said she thought that since her car was dented already, and it wasn't her fault, she wasn't going to do anything about the damages and kept going.
            Since she claimed my wife hit her, we might have to go 50-50 even though we have uninsured with mercury. You see our only witness is my wifes sister. If my wife didn't have to chase her down they could have gotten a witness at the scene.
            My guess is this woman has been down this road before and knows just what to do. I'll really be pissed if this woman get's her van fixed thru my insurance.
            Thanks again for the reply's and advice.

            Wait until the police report comes out. This statement here, speaks volumes: "the other woman has already claimed that my wife hit her at another intersection 2 blks. before the actual site.
            She said she thought that since her car was dented already, and it wasn't her fault, she wasn't going to do anything about the damages and kept going."

            Let's see if this comment appears in her Statement section of the police rerport. Reguardless, she still has a legal dutly to stop at the allegeded "First contact accident, and not keep going. If she says this, she has just confessed to a misdemeanor crime, and she will be reeled in by her short curlies.

            To wit:
            Duty Where Property Damaged
            20002. (a) The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault. The driver shall also immediately do either of the following:
            (1) Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver's license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver's license information, if available, or other valid identification to the other involved parties.

            (2) Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.

            (b) Any person who parks a vehicle which, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in damage to any property, attended or unattended, shall comply with the requirements of this section relating to notification and reporting and shall, upon conviction thereof, be liable to the penalties of this section for failure to comply with the requirements.

            (c) Any person failing to comply with all the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

            Comment

            • #66
              Hozr
              Senior Member
              • Apr 2009
              • 817

              Originally posted by nosmatt
              no LEO's in this thread?
              but i cannot imagine that the person the OP is posting about drove away in that vehicle! she was walkin!
              This is exactly my question. I was hit by an unlicensed, unregistered, uninsured driver that wanted to give me a name and number and bolt. I said, "no, we're waiting for the police."

              The officer showed up, took the report, wrote a citation(??) and they guy got in his car and drove away as I stared open mouthed at the officer whom asked, "do you have a problem?"

              I said, "isn't that illegal? Driving without a license?"

              He gave no response then got in the car and left me there to wait for the towtruck. I was 18 years old and left with a totaled car.

              So, how can a LEO knowingly allow someone to CONTINUE to break the law?
              "Your offer to have my client "Cease and Desist" exercising his first amendment rights is rejected."
              - Kilmer


              "Justice Sotomayor, states may have grown accustomed to violating the rights of American citizens, but that does not bootstrap those violations into something that is constitutional."
              - Gura

              Comment

              • #67
                Fire in the Hole
                Senior Member
                • Oct 2008
                • 1563

                Originally posted by Hozr
                This is exactly my question. I was hit by an unlicensed, unregistered, uninsured driver that wanted to give me a name and number and bolt. I said, "no, we're waiting for the police."

                The officer showed up, took the report, wrote a citation(??) and they guy got in his car and drove away as I stared open mouthed at the officer whom asked, "do you have a problem?"

                I said, "isn't that illegal? Driving without a license?"

                He gave no response then got in the car and left me there to wait for the towtruck. I was 18 years old and left with a totaled car.

                So, how can a LEO knowingly allow someone to CONTINUE to break the law?
                Depends on what year it was. In the 80's and prior, the law only allowed LE to cite and release unlicensed drivers. It always stuck in my crawl. It wasn't until later that LE was allowed to impound their vehicles. And believe me there was a lot of heated anti-campaigning by represenatives of minority districts. And them some LE agencies frowned on their officeres doing it, as it hadn't been tested yet. I jumped on it.

                Comment

                • #68
                  Fire in the Hole
                  Senior Member
                  • Oct 2008
                  • 1563

                  Well Superfly, surely this infamous report has been completed by now. So, what's the verdict. I don't need to see the whole report. Just mabey page 7or so, under the "CAUSE" section. Then the "Recommendations" section. There might be additioinal citation information under the "Other Factual Information" section.

                  Waiting with baited breath.

                  Comment

                  • #69
                    Superfly
                    Member
                    • Nov 2008
                    • 161

                    LA takes 12 weeks. Still have a month or so to go.
                    I am getting it fixed next week, I can't look or drive it this way any longer.
                    It is what it is...I just hope my rates don't go up to pay for her dents.

                    Comment

                    • #70
                      Fire in the Hole
                      Senior Member
                      • Oct 2008
                      • 1563

                      The time frame you quote is unbelievable to me. But I guess it is what it is. Please keep us posted.


                      A few years back I had a British Bobby go on a rede-along with me. He gave me a really cool Boby hat. He told me that in England, it is against the law and citeable to drive a vehicle on a public road with any dents or body damage visible. I found that...interesting.

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