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    Leaving the scene of an accident????

    What usually happens in a trial for someone with no prior record who "left the scene of an accident"? My sister backed into someone in a parking lot and sped off but 1 minute later the people she hit were on her tail so she stopped. There was a witness and everything. She had insurance and that paid for the damage to their car. She got a ticket, went to court and the judge told her that she had a trial date set after the new year. She's only 18. Do you think she'll go to jail?

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    Jail? Doubt it... pretty stupid move though.

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    Quote Originally Posted by screwdriver131
    What usually happens in a trial for someone with no prior record who "left the scene of an accident"? My sister backed into someone in a parking lot and sped off but 1 minute later the people she hit were on her tail so she stopped. There was a witness and everything. She had insurance and that paid for the damage to their car. She got a ticket, went to court and the judge told her that she had a trial date set after the new year. She's only 18. Do you think she'll go to jail?
    She will get a fine. Just tell her to go in and tell the judge that she is guilty. Tell her the best thing she can do is just admit what she did and pay the price.
    New Rule: The more complicated the Starbucks order, the bigger the *******. If you walk into a Starbucks and order a "decaf grande? half-soy, half-low fat, iced vanilla, double-shot, gingerbread cappuccino, extra dry, light ice, with one Sweet-n'-Low and one NutraSweet," ooh, you're a huge *******.

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    Yes Screwdriver, she will go to jail and be put in with all the other criminals that have stolen flowers from a neighbors yard or a newspaper....

    Dude, chill out, she will most likely have to pay the fine of the ticket and maybe, maybe get points on her license!
    "An excuse is worse and more terrible than a lie, for an excuse is a lie guarded."

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    as with any offense, the punishment will depend on a few things (including judge's temperament, if yur judges are elected, previous record, etc.). With what you've said, I sincerely doubt she'll receive any jail time as long as she's well behaved in court. You may want to look to see PBJ is an option. That being said I feel obligated to mention the following for fear of being proved wrong in this example...there was the guy who broke into a car here in b-more and got 9 years.
    What What?

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    Quote Originally Posted by explorerscout83
    She will get a fine. Just tell her to go in and tell the judge that she is guilty. Tell her the best thing she can do is just admit what she did and pay the price.
    Well, the way our legal - not justice - system is set up, you lose less if you fight the charge. So for her, that's probably BAD advice. As a police officer, you know it is in her interest to get a good attorney.

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    Quote Originally Posted by Akadian8
    Well, the way our legal - not justice - system is set up, you lose less if you fight the charge. So for her, that's probably BAD advice. As a police officer, you know it is in her interest to get a good attorney.
    Best interest to fight the charge????? Lets see most places it is a misd. to leave the scene of an accident. Here the judge can give you up to 90 days in jail. So if you fight the charge and are found guilty they can give you 90 days in jail. Go in admit wrong judge can and will suspend all of jail time.
    New Rule: The more complicated the Starbucks order, the bigger the *******. If you walk into a Starbucks and order a "decaf grande? half-soy, half-low fat, iced vanilla, double-shot, gingerbread cappuccino, extra dry, light ice, with one Sweet-n'-Low and one NutraSweet," ooh, you're a huge *******.

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    Quote Originally Posted by explorerscout83
    Best interest to fight the charge????? Lets see most places it is a misd. to leave the scene of an accident. Here the judge can give you up to 90 days in jail. So if you fight the charge and are found guilty they can give you 90 days in jail. Go in admit wrong judge can and will suspend all of jail time.
    Well, I don't know where THERE is...but HERE the defense and the prosecution work things out, and in the end the prosecution recommends the correct charge and punishment.

    And when I said "fight" it, I meant to not leave it UNCONTESTED. You can fight things just by using the purse and hiring a lawyer.

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    Quote Originally Posted by explorerscout83
    Just tell her to go in and tell the judge that she is guilty.

    Go in admit wrong judge can and will suspend all of jail time.

    Tell her the best thing she can do is just admit what she did and pay the price.
    You've got to be kidding. Based on what screwdriver131 wrote (or left out), I'm not sure if the elements of hit and run have been met. I've seen a lot of "backup" accidents where the drivers weren't even aware that they had caused any damage, so they just drove off. Absent knowledge that she had caused damage (which screwdriver131 didn't spell out) you could be advising her to plead guilty when if fact, she may not be. More facts are needed here.

    And BTW, throwing yourself on the mercy of the court is not always the best way to go. Screwdriver131 - tell her to call an attorney. It may cost her a few bucks and if she is in fact guilty, it is unlikely the attorney will make it go away. But, after working with the DA, he can probably soften the blow.

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    Quote Originally Posted by screwdriver131
    What usually happens in a trial for someone with no prior record who "left the scene of an accident"? My sister backed into someone in a parking lot and sped off but 1 minute later the people she hit were on her tail so she stopped. There was a witness and everything. She had insurance and that paid for the damage to their car. She got a ticket, went to court and the judge told her that she had a trial date set after the new year. She's only 18. Do you think she'll go to jail?
    She should, but it depends on your state's law.

    If it involves personal injury or damage to attended property in excess of $1000, here it's a "FELONY", and "yes", jail is then extremely likely (and certainly proper).


    "That's right man, we've got mills here that'll blow that heap of your's right off the road."

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    Quote Originally Posted by Akadian8
    Well, I don't know where THERE is...but HERE the defense and the prosecution work things out, and in the end the prosecution recommends the correct charge and punishment.

    And when I said "fight" it, I meant to not leave it UNCONTESTED. You can fight things just by using the purse and hiring a lawyer.

    If it's been set for trial, then obviously a plea agreement HAS NOT been worked out between the DA and her attorney. If she goes to trial, the judge recommends the punishment, not the DA. In TN, since it was minor property damage, she would probably get probation and fines.

    Though going to trial when there are multiple witnesses, she's going to pay alot more money than if a plea bargain was agreed upon.

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    Well I'm glad she's not gonna have to go to jail. Hopefully she'll learn her lesson. Thanks for your replies!

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    Quote Originally Posted by screwdriver131
    Well I'm glad she's not gonna have to go to jail. Hopefully she'll learn her lesson.
    How would you know that so quickly? You just posted the question yesterday and no responders here show Alabama as location, they all are basing their responses on their state's law it appears. There is still hope that she may get a free meal or two out of it at the least.
    Quote Originally Posted by screwdriver131
    Thanks for your replies!
    Don't give it a second thought, it weren't much.
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    Does your area have a No Lo Contendre plea?

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    Quote Originally Posted by ML8282
    Does your area have a No Lo Contendre plea?

    It's Nolo Contendre and it can only be used to plead no contest in a criminal trial and agree to the charges presented in the complaint, which I doubt this persons "sister" will go to trial over a minor hit and run.
    "An excuse is worse and more terrible than a lie, for an excuse is a lie guarded."

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    The last guy I cited for leaving the scene (minor property damage) was given 11/29 pre-trial diversion. If he stayed out of trouble in the 11/29 the charge could be expunged.

    Only because he was a first-time offender and had paid for the damage he had done prior to the court hearing.

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    Quote Originally Posted by t150vsuptpr
    She should, but it depends on your state's law.

    If it involves personal injury or damage to attended property in excess of $1000, here it's a "FELONY", and "yes", jail is then extremely likely (and certainly proper).



    Actually it is $1000 damage period, it does not matter whether it is attended or unattended property to be a felony. Also the PI is an F. For about a year it was a felony for ANY attended property, but so many felonies resulted due to that legislation that they returned it to PI on attended property or damage in excess of $1000.

    Jail time completely depends on the jurisdiction. Some areas have judges who don't like to put people in jail no matter what. Others will give you a weekend just to make a point.

    As far as trial goes, hit & run misdemeanor is a jailable offense here so standard criminal procedure applies even though it falls under traffic code, kind of like drive suspended.

    If she knew that she hit the car and did not stop then she should own up to it and take her licks. If she honestly did not realize that she hit the car then she should present her case and hope for the best.

    Good luck to her and tell her to pay better attention in the future.
    "there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway

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    Quote Originally Posted by webjeep
    Actually it is $1000 damage period, it does not matter whether it is attended or unattended property to be a felony. Also the PI is an F. For about a year it was a felony for ANY attended property, but so many felonies resulted due to that legislation that they returned it to PI on attended property or damage in excess of $1000.

    Jail time completely depends on the jurisdiction. Some areas have judges who don't like to put people in jail no matter what. Others will give you a weekend just to make a point.

    As far as trial goes, hit & run misdemeanor is a jailable offense here so standard criminal procedure applies even though it falls under traffic code, kind of like drive suspended.

    If she knew that she hit the car and did not stop then she should own up to it and take her licks. If she honestly did not realize that she hit the car then she should present her case and hope for the best.

    Good luck to her and tell her to pay better attention in the future.
    I realize some don't get code books every year to keep close by in the car like we do and have to share others hand-me-downs (they are expensive when purchased individually every year I'm sure). I just took a stack of 6 or 5 sets collected from the troopers here over to the local SO a few weeks ago (but I only had one selected acts book to give them). While they are 2004 books, they are more up to date than the 2003 and 2001 books some have, so it's better than just tossing them out. From "[URL=http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-894][B]
    Last edited by t150vsuptpr; 11-27-2005 at 01:53 PM.
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    Thanks, check 896 for the reference to unattended property relating to 894. It is covered under that and can also be brought as a prima facie case for felony destruction of property since there is case law and opinion on both.




    There are many different paths to an end, not everything is always as it seems.

    Thanks for the links I didn't have those bookmarked on my laptop, just the desktop and keep forgetting to send them to myself.

    Later,

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    Quote Originally Posted by webjeep
    Thanks, check 896 for the reference to unattended property relating to 894. It is covered under that and can also be brought as a prima facie case for felony destruction of property since there is case law and opinion on both.




    There are many different paths to an end, not everything is always as it seems.

    Thanks for the links I didn't have those bookmarked on my laptop, just the desktop and keep forgetting to send them to myself.

    Later,

    -web
    [QUOTE=
    Last edited by t150vsuptpr; 11-27-2005 at 08:51 PM.
    "That's right man, we've got mills here that'll blow that heap of your's right off the road."

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    >>>>> A Time for Choosing <<<<<

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    Section 32-10-3
    Duty upon striking unattended vehicle.
    The driver of any motor vehicle which collides with any motor vehicle or other vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in or on the vehicle struck a written notice giving the name and address of the driver and/or the owner of the vehicle doing the striking and a statement of the circumstances thereof.


    Section 32-10-6

    Penalty for violation of Sections 32-10-1 through 32-10-5.
    Every person convicted of violating Sections 32-10-1 through 32-10-5 or any of the provisions thereof, when such violation involved only damage to property, shall be punished the same as prescribed by law for a Class A misdemeanor; provided, however, that every person convicted of violating such sections, or any provisions thereof, when such violation involved death or personal injury, shall be punished the same as prescribed by law for a Class C felony.

    This is how Alabama's statutes read on striking unattended vehicles. You can read further on it if you want. http://www.legislature.state.al.us/C...975/coatoc.htm


    Good luck

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    My bust, they really need to quit changing that code every year. After a thorough review of the ENTIRE section I concur. See that's what happens when you only read a small portion or what you want to read.

    So I must remember, if I ever get mad and want to destroy someone's new S-Class I should hit it with my car and leave instead of destroying it with a baseball bat

    Thanks for setting me straight, I don't have the opportunity to do a great amount of traffic work in my district and pretty much all of my crashes are h&r attended property or PI. Now I know, and knowing is half the battle...

    -web
    "there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway

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    Thanks for setting me straight, I don't have the opportunity to do a great amount of traffic work in my district and pretty much all of my crashes are h&r attended property or PI. Now I know, and knowing is half the battle...

    -web
    Ain't no big thing. I have to refer to the code sections frequently, ain't nobody I know that can keep up on it all with the yearly changes.

    Take care ..........
    "That's right man, we've got mills here that'll blow that heap of your's right off the road."

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  25. #25
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    Quote Originally Posted by ML8282
    Does your area have a No Lo Contendre plea?
    We have that plea in TN. We had an attorny plead that for his client, and she read the warrant in the court. Then every one started that plea for the day, untill some embarassing warrants were read that really made the defendants blush, and they quickly just started pleading quilty.

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