Wrongly Accused of Parking Lot Hit and Run and Property Damage

I would like to ask a few questions. But I will provide the following information first:

-I received a phone call from a officer stating that I was under a potential hit and run investigation and would require that I go to the police station to give a statement. She also took the chance to look at my car to see if their is any dents or scratches. I never received a report on my car.

-I got there and the officer said that a third party eye witness reported with my license plate, that I hit a parked car at a mall parking lot and failed to report it (hit and run). The eye witness report stated that the incident occurred at a mall parking lot around 5:30pm on a saturaday, and there was no weather or natural factors that could have caused the hit and run.

-I filled out a statement stating that I was there at that time, but as I recalled, I did not hit any vehicle. The officer asked me if I remembered where I parked and I said no.

-I received a violation ticket charging me with hit and run property damage and will be required to attend a court hearing. There was also information on where the point of impact was for my car and the "victims" car, it showed that my front right portion of the car hit the "victims" back right portion of the car .

-I ran outside to take a look at my car to look at the front portion of my car. There were no dents and only a few minor scratches which is usual from driving down highways with rocks scratching it.


I would like to stress that I have never received any violation tickets before and I know I did not hit the car that day. The questions I have are:

1) Can I request the officers report on the damage on both my car and the "victims" car? Can I also request any evidence that the officer would use to conclude in her writing me a violation ticket?

2) Why did the officer give me a hit and run violation ticket even though she checked my car and saw no marks at all?

3) Should I take pictures of the point of impact from my car to use as evidence in court?


Thank you very much in advance for your advise, I been very stressful since this incident and what boils me up is the fact that I didn't even commit this violation!:mad::mad::mad:

1. Yes, in court.
2. Damage doesn't have to occur, in order for there to have been an accident.
3. If you'd like.

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Quoting moburkes

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1. Yes, in court.
2. Damage doesn't have to occur, in order for there to have been an accident.
3. If you'd like.

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Thank you very much for your response moburkes, but I have a few questions regarding your answers:


1. Yes, in court.

-Is there anyway I can request it before the court appearance?

2. Damage doesn't have to occur, in order for there to have been an accident.

-If damage did not occur, what type of accident would I be dealing with? Psychological?

3. If you'd like.

-Would the photos I bring hinder the case by putting in more information then required? Or would it be a key point in proving my innocence?

Thank again moburkes for your interest and opinions into my problem.

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Quoting huntax

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Thank you very much for your response moburkes, but I have a few questions regarding your answers:


1. Yes, in court.

-Is there anyway I can request it before the court appearance?

2. Damage doesn't have to occur, in order for there to have been an accident.

-If damage did not occur, what type of accident would I be dealing with? Psychological?

3. If you'd like.

-Would the photos I bring hinder the case by putting in more information then required? Or would it be a key point in proving my innocence?

Thank again moburkes for your interest and opinions into my problem.

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1. No.
2. You and I could get into an accident. Your vehicle can have damage while mine doesn't. It happens all the time.
3. I don't know why it would hurt your case.

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Quoting moburkes

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1. No.
2. You and I could get into an accident. Your vehicle can have damage while mine doesn't. It happens all the time.
3. I don't know why it would hurt your case.

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Okay then thank you very much moburkes! But just one question...can you give me a scenario where one car can be damage while the other car is completely fine?

Thanks!

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Quoting huntax

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Okay then thank you very much moburkes! But just one question...can you give me a scenario where one car can be damage while the other car is completely fine?

Thanks!

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If one car's bumper is metal and the other car's bumper is that hard plastic.

Check to see if your court date is an arraignment or actually a trial. If it is an arraignment, you can usually fax the court your not guilty plea and avoid a day at court. They will then schedule a trial. In cases like these it is unusual for the witness to show and they will have to dismiss.

Is the other person claiming any damages?

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Quoting moburkes

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If one car's bumper is metal and the other car's bumper is that hard plastic.

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Oh well I think I should be just fine ^_^ my bumper is plastic. Thanks again moburkes!

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Quoting lwpat

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Check to see if your court date is an arraignment or actually a trial. If it is an arraignment, you can usually fax the court your not guilty plea and avoid a day at court. They will then schedule a trial. In cases like these it is unusual for the witness to show and they will have to dismiss.

Is the other person claiming any damages?

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I don't really know if it is a trial or a arraignment lwpat. I got a violation ticket that said that I have to go to court on November 30, 2007 between 8:30am to 4:30pm. I highly doubt the witness nor the officer will wait for me to go in for trial.

I have not receive any news from the officer regarding the victim claiming any damage at all. All I got was a hit and run property damage violation ticket.

Thanks for your interest lwpat!:)

I'd suggest you consult an attorney as hit and run is quite serious. If you are truly certain you didn't damage anyone's car, you'd have to suspect that you might have been 'set up' as a result of being at the mall.

Under that scenario, someone could have sustained damage to their car earlier and then had a friend report that your car caused the damage. It seems really unlikely, but possible. It might be interesting to find out who got hit...and who did the reporting. Let us know how it turns out.

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Quoting chuckycheese

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I'd suggest you consult an attorney as hit and run is quite serious. If you are truly certain you didn't damage anyone's car, you'd have to suspect that you might have been 'set up' as a result of being at the mall.

Under that scenario, someone could have sustained damage to their car earlier and then had a friend report that your car caused the damage. It seems really unlikely, but possible. It might be interesting to find out who got hit...and who did the reporting. Let us know how it turns out.

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Hi chuckycheese. I also understand that a hit and run is serious and have consulted a attorney. He has told me that I won't have to go to court that day and it will be dealt with.

I know that I did not hit any vehicles that day and I would love to know why I was still sent a violation ticket for something I did not commit. But I will tell you all what happens within the next two weeks. My attorney told me he will get me the information\evidence from the officer and explain why I was convicted.

But in the mean time, any comments\suggestions\perspectives would be greatly appreciated guys:)

Oh and in case you guys are wondering, my attorney told me that if worst come to worst, my insurace would just go up...a lot.

What state did this happen in?

In CA there has to be some damage or injury for it to be hit and run per CVC 20002.

And to explain, the citation to appear in court was simply because the officer felt there was sufficient probable cause to believe that you had committed the offense in question.

Apparently there was a vehicle that had sustained damage ... a witness identified your car as being the vehicle that struck and damaged the other car ... and you admitted to being there that day.

However, hit-and-run also generally requires that you have knowledge of the collision. In my state that would usually require that the witness testify that you looked back, got out, or somehow gave an indication that you knew you struck the vehicle.

Chances are, even if the state chooses not to pursue it, this may end up being a claim against your insurance for any damage and that will be about it.

- Carl

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Quoting cdwjava

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What state did this happen in?

In CA there has to be some damage or injury for it to be hit and run per CVC 20002.

And to explain, the citation to appear in court was simply because the officer felt there was sufficient probable cause to believe that you had committed the offense in question.

Apparently there was a vehicle that had sustained damage ... a witness identified your car as being the vehicle that struck and damaged the other car ... and you admitted to being there that day.

However, hit-and-run also generally requires that you have knowledge of the collision. In my state that would usually require that the witness testify that you looked back, got out, or somehow gave an indication that you knew you struck the vehicle.

Chances are, even if the state chooses not to pursue it, this may end up being a claim against your insurance for any damage and that will be about it.

- Carl

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Hi cdwjava thank you for your interest too! I actually live in Calgary, AB Canada.

I really don't know what else to do now except to wait and see.:(

how did this turn out? I'm in the exact same situation more or less