Re: Was Victim and Arrested and Need Help in Connecticut
Like I said in the post. He was paid by my roadside provider, he was told this over the phone but he wanted mire money from me and hung up on AT&T. All of which I have documents and recorded phone calls. Yes he was supposed yo release my car and bring me home. I have proof.
Re: Was Victim and Arrested and Need Help in Connecticut
Well, you have your options set out before you. You may not like them, but there they are. If you feel you can prevail, of course you can fight the charges. I am not saying you shouldn't. But, be certain you have weighed the risk. It seems clear that the police and the prosecutor do not see it the way you do, and it is a virtual certainty that the driver's account of events differs from yours.
Good luck.
Re: Was Victim and Arrested and Need Help in Connecticut
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Quoting
mikedav1
So you saying I should of got out while the truck was still in motion? I was the one who asked to be let out, he was the one who refused to let me out. Keep in mind he had my car hooked to his truck. Also everything happened the way I said it did and have documentation from AT&T and recorded conversations from AT&T. His story to the police was that I refused to pay even though AT&T gave me proof that I did not have to pay, gave me the recorded conversations of them telling him I did not have to pay and that he was to bring the car to my home. When he hung up on AT&T all of which I have proof that he did. He also said in the report that I asked to be let out then I jumped out. But all six witnesses that gave statements say they saw him run me over.
sorry but AT&T does not have the authority to determine if you had to pay or not. They can state they aren't going to pay the guy but that doesn't mean the guy cannot still charge you.
Re: Was Victim and Arrested and Need Help in Connecticut
Yes they do because AT&T and the tow company have a contract. They are subjected to the rules of that contract. One of the rules is you do not tow from accidents. He hooked the car anyway so he would get paid by them and he tried to get money from me. I pay AT&T to pay my roadside not that company. And they did pay him. So as a result of the incident AT&T dropped them from there service role.
Re: Was Victim and Arrested and Need Help in Connecticut
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Quoting
mikedav1
Yes they do because AT&T and the tow company have a contract. They are subjected to the rules of that contract. One of the rules is you do not tow from accidents. He hooked the car anyway so he would get paid by them and he tried to get money from me. I pay AT&T to pay my roadside not that company. And they did pay him. So as a result of the incident AT&T dropped them from there service role.
No, they do not. Some contract you have with At&T may say they will or won't pay but if the guy attempts to charge you, that contract is not going to stop him from doing it. Your recourse would be to sue him for anything he demanded you pay that you were not obligated to pay per the contract.
and actually, since AT&T does not pay for a tow from an accident, this would not fall under that contract and he could rightfully demand payment from you. It was not a service covered by the AT&T contract and he had a right to demand compensation for the tow.
regardless, you are facing criminal charges. You have much greater concerns than a towing bill. While you may want to stand on your soapbox, you may find that a win there is meaningless once you are convicted of the charges.
Re: Was Victim and Arrested and Need Help in Connecticut
AT&T doesn't cover accidents and the tow truck driver knew that so then he wasn't suppose to touch my car without informing me of this first - that's the reason AT&T payed it anyway because they said the car was already hooked and en route to destination. AT&T said any conversation can be used in court and believe me their legal team already looked the incident over before telling me anything. Also, he sent me no bill. And worried about being convicted of Breach of Peace and Assault 3rd, really? Anyone with real legal knowledge knows that this is a case the state would never being to a trial. Who would you call as a witness? He himself said I asked to be let out then jumped out but all the witnesses who were there said they me go under the truck so how did I go under the truck if I jumped out?
Re: Was Victim and Arrested and Need Help in Connecticut
so, the driver did not act under or within the contract and he did provide you a service. That makes you (not AT&T) liable for the charges. While you would possibly have a defense for any charges above the what he would have received from AT&T and possibly a defense against the charges in general since you allowed the tow believing it was covered by AT&T but ultimately, a court could find you liable for the actual amount the driver was charging.
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And worried about being convicted of Breach of Peace and Assault 3rd, really? Anyone with real legal knowledge knows that this is a case the state would never being to a trial.
ya, really. You are the one that said you have been charged, are you not?
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so how did I go under the truck if I jumped out?
are you suggesting that you being run over proves that you did not jump out of the truck? If so, you are incorrect.
as to the AT&T conversations being recorded and being available for court;
does that include this statement?
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With the phone on speaker, the AT&T employee said that AT&T does not cover accidents and that it would cost more money
Re: Was Victim and Arrested and Need Help in Connecticut
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Quoting
mikedav1
I was having my car towed from the sight of an accident by a Towing company who was dispatched to the sight by my road side provider AT&T. The tow truck driver hooked the car, I got in the passenger seat and we made our way to where I live. The tow truck driver stopped the truck 466ft from my house and decided to call AT&T to tell them that my car was in an accident and that it would cost more to tow. With the phone on speaker, the AT&T employee said that AT&T does not cover accidents and that it would cost more money. I said to her, shouldn't he have told me this before hooking up my car?
Why didn't you tell AT&T that you had been in an accident when you called for the tow? Why would you expect a tow truck driver to know the details of your contract with AT&T - who sent him out based upon your incomplete report? Did you deliberately fail to inform AT&T of the accident?
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Quoting mikedav1
The AT&T employee told us to hold on while she consult her supervisor. She came back to the phone and said because the car was already hooked and en route, the tow truck driver would have to tow the car for the regular fee. After being told this more than once, the tow truck driver told the AT&T employee that he was not going to bring the car to my home. The AT&T employee said, "Are you serious? What are you going to do, hold the car hostage?" The tow truck driver said "Yup" and hung up the phone.
It would be interesting to see the contract between AT&T and the towing service in relation to this type of situation, but unfortunately we don't have access to that document. You can ask your lawyer about getting a copy.
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Quoting mikedav1
He drives pass the front of my house and turned up the street where I opened the door and said let me out.
You did this with the tow truck still in motion?
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Quoting mikedav1
He punched me in my chest and said, "Close my ****ing door". I refused to close the door and he keep driving, passing the back of my house.
So you're both being foolish at this point.
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Quoting mikedav1
With the door opened I continued to tell him to let me out and bring my car home. He refused and continued to drive, yelling at me to, "Close my ****ing door". I refused and told him to let me out. He became more aggressive, but in my head I'm thinking with the door opened he has to stop to let me out, but that was far from what happened.
No kidding. You should have shut the door. He has to hit a red light or stop sign eventually.
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Quoting mikedav1
As he was driving, he said, "You're going to my place and tried to get onto the highway. I grabbed the wheel and made sure he stayed on the street.
That was an incredibly dangerous thing to do, and presumably forms the basis of the charge against you.
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Quoting mikedav1
He punched me in the face and I hit him back and he began to push me out.
So at this point you're grabbing the steering wheel and fighting with the driver as he's attempting to maintain control over the vehicle, and you chose to leave your door open?
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Quoting mikedav1
But I was more concerned with his hands and kept my eyes on them to make sure he didn't pull out a gun.
You were so worried about a gun that you were struggling with the man, grabbing the steering wheel, and refusing to close your door?
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Quoting mikedav1
But while I was looking as his hands and in fear of a gun, he pushed me out of the truck.
Which was, at this point, not moving?
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Quoting mikedav1
I tried to hold on so I wouldn't get hit my the traffic behind me....
So you're out of the truck and you think the tow truck driver has a gun, but because you're worried about getting hit by traffic behind you, you chose not to get off of the road and instead chose to try to hang on to a moving vehicle?
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Quoting mikedav1
...but as he looked at me, he sped up....
That would have been a good time to let go, no?
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Quoting mikedav1
...and I was no longer able to hang on and he ran me over with the tow truck breaking my Fibula bone in my left leg, fracturing my tail bone, causing serious nerve damage in my left thigh in which I now have no feeling, lower back pain from a disc that is out of place, road rash that extends from my foot to my stomach.
That's unfortunate.
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Quoting mikedav1
The police report is written in a way that makes it seem like there was no victim and as a result he and I both had arrest warrants put out for us – me assault 3rd and breach of peace and the tow truck driver breach of peace, assault 3rd, reckless driving and reckless endangerment.
So when you say "no victim" you in fact mean "two victims". Those charges seem supported by the facts you described. I probably would have looked for a more serious charge to level against the tow truck driver.
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Quoting mikedav1
I have documents from AT&T that proves the tow truck driver was supposed to bring me home. All conversation with AT&T are recorded and I have two recorded conversations with AT&T where they say I was not supposed to give him any money and that he did hang up on the AT&T employee.
That's a contract issue, not a defense to either of your criminal conduct.
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Quoting mikedav1
I was told that I could use those recorded conversations in court.
If your lawyer has told you that the recordings are admissible and will be useful to your defense, we have no basis to question that.
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Quoting mikedav1
But when I told the police they informed me that it was not the police job to investigate.
Investigate what? Whether the tow truck driver breached his contract with AT&T?
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Quoting mikedav1
Was the police right to arrest us both?
It's not surprising that both of you were charged.
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Quoting mikedav1
And I thought I was the victim so why was I arrested?
Because you chose to grab the steering wheel of a moving vehicle, creating significant risk of harm to the driver, yourself, and others in the vicinity.
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Quoting mikedav1
What should I do when I go back to court? My public defender said if I drop the charges against him he will drop the charges against me and I said no way.
What should you do? If you want to know what I would do, I would take that deal and then consult a personal injury lawyer about a possible injury claim against the tow truck driver.
If you prefer to risk being convicted of a crime, and of potentially undermining a civil case through your testimony and possible conviction, that's your call to make.
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Quoting
mikedav1
So you saying I should of got out while the truck was still in motion?
The vehicle has to stop eventually. That would be the time to get out.
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Quoting mikedav1
His story to the police was that I refused to pay even though AT&T gave me proof that I did not have to pay, gave me the recorded conversations of them telling him I did not have to pay and that he was to bring the car to my home.
You did refuse to pay. I'm not going to speculate about what his contract with AT&T says, but you've told us that it doesn't cover towing after accidents - if AT&T agreed to pay him a partial fee, what it would pay for an ordinary mechanical failure, that does not necessarily mean he's obligated to accept it.
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Quoting mikedav1
When he hung up on AT&T all of which I have proof that he did. He also said in the report that I asked to be let out then I jumped out. But all six witnesses that gave statements say they saw him run me over.
You were run over, in your own words, because you chose to try to hang on to his truck after you were out. You told us that it was your decision to hang on to the truck as it accelerated away, not whether you jumped or were pushed, that resulted in your being run over.
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Quoting
mikedav1
You are a cop so I expect you to see it that way. "It's the opinion of the prosecutor that matters? " well the prosecutor would have all the facts if the police officers put them all in the report. At court the prosecutor is clueless and was told by the judge to do a proper investigation before the next court date. That's why I said real advice and not someone who thinks, "its what the prosecutor think that only matters".
Don't be obnoxious. We can't investigate this case for you, and the prosecutor's decision is reasonable based on what you've told us.
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Quoting
mikedav1
Yes they do because AT&T and the tow company have a contract. They are subjected to the rules of that contract. One of the rules is you do not tow from accidents.
Again, why was a tow truck even dispatched to the scene if AT&T doesn't cover the tow? That is, why didn't you inform AT&T that you were in an accident? Were you hoping to dupe both AT&T and the tow truck driver?
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Quoting mikedav1
So as a result of the incident AT&T dropped them from there service role.
We have no way of knowing if that was a contract issue or, more likely, that AT&T won't utilize tow truck drivers who get into dangerous altercations with drivers. Realistically speaking, there is no way this guy was going to work for AT&T after the inciden, even if he was contractually permitted to charge an additional fee.
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Quoting
mikedav1
And worried about being convicted of Breach of Peace and Assault 3rd, really? Anyone with real legal knowledge knows that this is a case the state would never being to a trial.
The exceptions being the prosecutor, the judge, and your criminal defense lawyer?
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Quoting mikedav1
Who would you call as a witness? He himself said I asked to be let out then jumped out but all the witnesses who were there said they me go under the truck so how did I go under the truck if I jumped out?
You told us that it happened because you chose to hang on to his moving truck, and because you continued to hang on as he accelerated.
Re: Was Victim and Arrested and Need Help in Connecticut
Did you read what I said under that?
- - - Updated - - -
Yes I held on. I was not looking to get ran over by traffic.
- - - Updated - - -
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Quoting
Mr. Knowitall
Why didn't you tell AT&T that you had been in an accident when you called for the tow? Why would you expect a tow truck driver to know the details of your contract with AT&T - who sent him out based upon your incomplete report? Did you deliberately fail to inform AT&T of the accident?
It would be interesting to see the contract between AT&T and the towing service in relation to this type of situation, but unfortunately we don't have access to that document. You can ask your lawyer about getting a copy.
You did this with the tow truck still in motion?
So you're both being foolish at this point.
No kidding. You should have shut the door. He has to hit a red light or stop sign eventually.
That was an incredibly dangerous thing to do, and presumably forms the basis of the charge against you.
So at this point you're grabbing the steering wheel and fighting with the driver as he's attempting to maintain control over the vehicle, and you chose to leave your door open?
You were so worried about a gun that you were struggling with the man, grabbing the steering wheel, and refusing to close your door?
Which was, at this point, not moving?
So you're out of the truck and you think the tow truck driver has a gun, but because you're worried about getting hit by traffic behind you, you chose not to get off of the road and instead chose to try to hang on to a moving vehicle?
That would have been a good time to let go, no?
That's unfortunate.
So when you say "no victim" you in fact mean "two victims". Those charges seem supported by the facts you described. I probably would have looked for a more serious charge to level against the tow truck driver.
That's a contract issue, not a defense to either of your criminal conduct.
If your lawyer has told you that the recordings are admissible and will be useful to your defense, we have no basis to question that.
Investigate what? Whether the tow truck driver breached his contract with AT&T?
It's not surprising that both of you were charged.
Because you chose to grab the steering wheel of a moving vehicle, creating significant risk of harm to the driver, yourself, and others in the vicinity.
What should you do? If you want to know what I would do, I would take that deal and then consult a personal injury lawyer about a possible injury claim against the tow truck driver.
If you prefer to risk being convicted of a crime, and of potentially undermining a civil case through your testimony and possible conviction, that's your call to make.
The vehicle has to stop eventually. That would be the time to get out.
You did refuse to pay. I'm not going to speculate about what his contract with AT&T says, but you've told us that it doesn't cover towing after accidents - if AT&T agreed to pay him a partial fee, what it would pay for an ordinary mechanical failure, that does not necessarily mean he's obligated to accept it.
You were run over, in your own words, because you chose to try to hang on to his truck after you were out. You told us that it was your decision to hang on to the truck as it accelerated away, not whether you jumped or were pushed, that resulted in your being run over.
Don't be obnoxious. We can't investigate this case for you, and the prosecutor's decision is reasonable based on what you've told us.
Again, why was a tow truck even dispatched to the scene if AT&T doesn't cover the tow? That is, why didn't you inform AT&T that you were in an accident? Were you hoping to dupe both AT&T and the tow truck driver?
We have no way of knowing if that was a contract issue or, more likely, that AT&T won't utilize tow truck drivers who get into dangerous altercations with drivers. Realistically speaking, there is no way this guy was going to work for AT&T after the inciden, even if he was contractually permitted to charge an additional fee.
The exceptions being the prosecutor, the judge, and your criminal defense lawyer?
You told us that it happened because you chose to hang on to his moving truck, and because you continued to hang on as he accelerated.
Knowitall you don't know too much about the law. You went thourgh everything I said and gave your "opinion" - nothing legal. We all have opinions that's why I asked for legal advice. You would advice kidnapped victims to obey the kidnapper and not to use self defense to get free? You said, "... He has to hit a red light or stop sign eventually." How do you know he didn't run through all the red lights and stop signs? If a person attacks you, you have the legal right to defend yourself, but your actions must be equally to the attackers actions. In the police report a witness said they saw him strike me, so yes, in self defense I striked him back. You said, "You were so worried about a gun that you were struggling with the man, grabbing the steering wheel, and refusing to close your door?" I never said I was grabbing at the wheel, I said I grabbed the wheel so he would not turn onto the highway. "grabbing" means "a continual action". Which I never said I did. You said, "Which was, at this point, not moving?" The truck was moving the whole time. At no point did it stop. Also, since he was told where to bring my car and refused but said he was going to hold my car hostage, I was under no law to leave my car. My car is my property and I had every right to defend it. Don't take what I say and give me your opinion.
Re: Was Victim and Arrested and Need Help in Connecticut
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If a person attacks you, you have the legal right to defend yourself,
yes, you are correct. The driver did have a right to beat the crap out of you for your stupid actions of grabbing the wheel and quite possibly causing an accident.
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As he was driving, he said, "You're going to my place and tried to get onto the highway. I grabbed the wheel and made sure he stayed on the street. He punched me in the face and I hit him back and he began to push me out.
and don't bring up the "he punched me in the chest" because this happened in the interim:
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I refused to close the door and he keep driving, passing the back of my house. With the door opened I continued to tell him to let me out and bring my car home. He refused and continued to drive, yelling at me to, "Close my ****ing door". I refused and told him to let me out. He became more aggressive, but in my head I'm thinking with the door opened he has to stop to let me out, but that was far from what happened.
that means you were no longer being attacked. You then became the aggressor and he responded in kind, just as you said was a valid reaction.
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My car is my property and I had every right to defend it.
defend your car? Have you given it a name? Please do not tell us you have become enamored with "her tailpipe".
You can whine all you want. Even with your version of the events you are in the wrong. I can only imagine what really happened. The police and prosecutor who have direct knowledge of the situation believe you to have committed a crime. I think it is time you start taking that seriously lest you end up with a criminal conviction on your record.
You are a perfect example of the adage:
cutting off your nose to spite your face