need legal advice...leaving the scene???

Parent Cafe
1

<p>Someone I know got in an accident and since it was close to home they let a passenger just bring the car home so they could get on their way. The driver stayed with the other car to exchange info. The cops came and did a brief investigation, looking for dui but deciding not to pursue it. They gave the person a ticket for failure to yield and leaving the scene. No injuries.</p>

<p>THe leaving the scene ticket is the problem because although the cop played it down, saying they could charge criminal for concealing evidence they would just give this ticket. When I read the penalties I think it can and does carry a license suspension. I think they recently changed it do people who ARE dui can’t leave and sober up. </p>

<p>The thing is that I read it as the DRIVER can’t leave, and the driver did NOT leave. They stayed and were exchanging info and did not plan to call the police. Here is the statute. I’m just wondering if you all read it the same as I did…that is that the DRIVER can’t leave.</p>

<p>Also, if they go without a lawyer to plead NG to the leaving the scene, can they appeal it if they lose? No sense in paying a lawyer since I read it as not applying here.</p>

<p>“12d(d)The driver of any vehicle which knowingly collides with or is knowingly involved in an accident with any vehicle or other property which is unattended resulting in any damage to such vehicle or other property shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or, in the event an unattended vehicle is struck and the driver or owner thereof cannot be immediately located, shall attach securely in a conspicuous place in or on such vehicle a written notice giving the name and address of the driver and owner of the vehicle doing the striking or, in the event other property is struck and the owner thereof cannot be immediately located, shall notify the nearest office of the local police department or of the county police of the county or of the State Police and in …”</p>

<p>Here is the penalties…I don’t know if the cop even knew this part…makes it worth a lawyer… don’t know if it can be plea bargained</p>

<p>39:4-129(b) Leaving the scene of accident involving damages to attended
vehicle or property-
First offense: Fine or imprisonment not exceeding 30 days, or both, and
suspension of driving privileges for six months from date of conviction
$200-$400.</p>

2

<ol>
<li><p>The only way the person you know can get accurate legal advice is from a lawyer.</p></li>
<li><p>I would interpret the statute you quoted to mean only that the driver can’t leave the scene – it says nothing about the vehicle – but you didn’t cite the law that the police alluded to about concealing evidence. </p></li>
</ol>

<p>I am wondering, however, whether the cop suspected that there was some funny business going on – that the “passenger” who left was actually the (potentially inebriated) driver. The story you have given doesn’t make a lot of sense – if the accident was “close to home” and the “passenger” wanted to get on his way… why couldn’t the passenger get to wherever he was going from the scene of the accident? Taking the driver’s car to the driver’s home doesn’t make much sense.</p>

3

<p>

</p>

<p>If your friend is smart, he/she will let a lawyer make the “doesn’t apply” argument.</p>

4

<p>I don’t want real legal,advice, more like opinions on whether my interpretation COULD be correct. The accident was close to the drivers house. People were supposed to meet there. The car had to be moved out of the street so the passenger just drove it the half mile or so home. At the time he left the 2 drivers had agreed to exchange info. A unknown,person must have called the police.</p>

<p>The cops were just annoyed because they were confused where the car was, they thought the driver had left too. The driver had had some drinks, so he wasn’t hiding that. He passed field tests and they didn’t even do breath test. I think the concealing talk was about taking the car home, but it was minutes away…and in fact, when they home a cop pulled out of the street so I guess they went to validate that the car and driver were the right ones and not a driver covering for someone else who crashed. That is, if the car that the driver said he owned was NOT damaged, it would be that someone was hiding something…like if I crashed my car, but had you stay and say it was you, they would want to see damage on your car…does that make sense.?</p>

<p>Anyway, I don’t agree with the leaving the scene ticket. The driver will fight it since it comes with a court date anyway.</p>

<p>Any ideas what a lawyer charges for traffic court? It doesn’t seem to complicated. Also, if appealing is possible i think it would be worth attempting without one. It clearly says DRIVER…and I don’t think they can say “we wanted to charge him with x, but we charged him with y instead, even though it doesn’t quite fit.” hopefully we can find out the appeal angle with a phone call.</p>

5

<p>I agree with calmom on both points. It makes little sense for the passenger to have taken the car if it was only a half mile. How was the driver going to get home? Walk? Then it makes sense that the passenger would have done that. No surprise that the police found that questionable and issued the leaving the scene ticket. The car was involved in the accident, it should have remained. If your son, or whomever this is, wants to fight the charge, he should do so initially, and not wait to see if he’s able to pursue it later after a conviction.</p>

6

<p>

Not really, because I would say that I was driving YOUR car, not mine. For the insurance purposes and all that. I wouldn’t say that I had crashed MY car into the neighbor and have it go against MY insurance. We’re not THAT good of friends ;).</p>

7

<p>Sorry, this whole story sounds fishy and I imagine a judge would think so as well. Whoever this person is should get a lawyer asap. A charge of leaving the scene of an accident is nothing to mess with. Also, stating the obvious here but this person is an idiot for drinking and driving.</p>

8

<p>Sorry OP, the logic of taking the car from the scene makes no sense and it sure seems they were hiding something (drugs?). I don’t think this will be a simple traffic court situation as a judge will wonder the same thing.</p>

9

<p>I too find taking the car odd, but if the other driver agreed to it then the police should be okay with it,</p>

<p>However it makes no sense to take the car. If people were meeting up, couldn’t one of them come and gotten the passenger? And who was at fault for the accident? If it was your friend, the taking of the car is fishy. </p>

<p>What if there had been bad taillights, or headlights? Also, what kind of damage was done? </p>

<p>You can mYbe talk yourself out of the leaving the scene, but the driver will need a really good reason.</p>

10

<p>There is so much more to this story…get a lawyer.</p>

11

<p>unless there was an emergency at home and the car was needed, there was no reason to just take the car. But if the other party said sure go home, we are fine here with info registration, damage assessment, who is to blame, then maybe the cops over reacted.</p>

<p>I mean at some point the driver gets to leave the scene, and once info is exchanged and both sides say sure, then it matters not when cops arrive. </p>

<p>For instance, there are many accidents where cops are never called and people exchange info and leave, and often the cops don’t show if there are now injuries, if damage is minor, and if neither party feels the need, letting the insurance companies duke it out</p>

<p>It wasn’t a hit and run, if someone hadn’t called the cops it would have been no law broken.</p>

12

<p>I agree with the others that the story makes little sense but people do nonsensical things all the time.</p>

<p>Reading the excerpt you posted I agree that it’s referring to the driver throughout so I’m reading it the same way you are (but I’m not a lawyer).</p>

<p>It should be easy enough to find lawyers in your area who deal in traffic offenses. You can call a couple, explain the circumstances, and get a quote for how much they’d charge you. We’re not talking Perry Mason here, they shouldn’t be terribly expensive (although in retrospect I don’t know if Perry Mason ever actually charged).</p>

13

<p>

If I’m a cynical cop I would not agree with this … for example, maybe the car was driven home to hide the open containers in the car. To me, by removing the car the driver of that car literally brought extra suspicion to their actions.</p>

14

<p>There is way more to this story. The people who were meeting up at the house would have understood that there was an accident and thus some delay (at least, everyone I know would have). I just don’t understand why you would need to take the car, especially if you were that close (half a mile) from home. Passenger should have been able to walk himself home if it was that urgent. I assume maybe the passenger was more inebriated and didn’t want to deal with police, in which case he NEVER should have taken the car in the first place.</p>

<p>The car should have simply been left. The police always assume things are worse than they are when things are hidden/taken from the scene.</p>

<p>I agree that a lawyer is needed. Too much fishy business going on.</p>

15

<p>I wouldn’t think you should legally remove a car that was part of an accident from the scene of the accident under any circumstance…no matter how minor.</p>

16

<p>This may vary from state to state, but in many states (including mine) there is no need to call the police for a property damage accident. If they come, they often will not even write up a report. Clearly the police got more involved than necessary here, because they were suspicious. This person should talk to a lawyer.</p>

17

<p>The crux is not what the other driver said or agreed to. The issue is the law, as written. </p>

<p>You need to see the absolute official wording put forth by the state- and look for any modifications by that city or township. NJ is very tough on the overall issue of “hit and run” and this has spilled over onto “leaving the scene.”. Many states are also heavy about the condition of the offending vehicle and keeping “unsafe” vehicles off the roads- in this case, moving the car prevented the cop having a look see. Here is the 39:4-129 wording I found, my bold:</p>

<p>shall immediately stop his vehicle at the scene of such accident or as close thereto as possible, but shall then forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements…</p>

<p>That’s what needs to be interpreted. Frankly, in my area, I would be tempted to call the non-emergency number at the local police station and ask for more about whether they, the police, think it’s ok to move the car so far away, precluding inspection at the scene.</p>

<p>I suspect some judges will allow the case to be dismissed, depending. I’m not clear whether your person hit an unattended or attended vehicle. You quoted the reg for unattended, but said he/she interacted with the other driver.</p>

<p>If this was a minor fender bender, absolutely no injury, that “can” be different. But, many regs allow a long period to determine whether there were injuries. I also suspect an attorney will be expensive- anyone have some cost experience?</p>

<p>I went thru this same sort of research for a minor accident one of my kids had. I know it’s tough.</p>

<p>ps. In many (most?) states, there is a reg that says, any damage over $X, you are suposed to call the police. One of the first questions the ins folks ask is about the police report. Etc. Had here not been police at the scene, techically, you go to the station. In my state, we have penalties for not.</p>

18

<p>I have a family member who tries to be conscientious and responsible but often falls short of the mark because she has no common sense. I can easily see her doing something like this.</p>

<p>That being said, the fact that the driver was drinking does add a disturbing wrinkle to this situation.</p>

19

<p>I agree leaving the scene is a big deal, even for a tiny fender bender with no visible damage.( in my state anyway)
Re driver that is drinking, I expect the police would want to question passenger about that.</p>

20

<p>So when can you or vehicle leave the scenes. If neither rof the driers called the police, how do you even know they are coming. What if the victim who is hit rushes off after quickly exchanging info? are you expected to hang around just in case police show? With cut backs a minor none traffic blocking fender bender may not be a big priority</p>