Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Sep 2019
    Posts
    3

    Default Can Non-Reportable Vehicle Accidents Still Have Info on Record

    Two weeks ago, a friend of mine was run off of the road by a car coming head on. She ran into an embankment and got stuck. Luckily, no one was injured, no other vehicles were involved, and no damage was done to the car so they deemed it a non-reportable accident. However, the driver was breathalyzed and blew a .03 (in her state the legal BAC limit is .08). The police considered her good to go. One of the passengers, though, was found with a tiny amount of marijuana and written a ticket that night. The police helped by calling a towing company for them and stayed until they made sure her car was safely pulled out of the ditch. Yesterday, she filed a claim on her auto insurance to try to be reimbursed for the towing company fee.



    My questions are:



    -If the accident was non-reportable, is her BAC going to be on any sort of record or file that insurance would be able to see?

    -I know that some may be charged with a DUI even if their BAC is less than .08 if they're considered to be impaired by the judgement of the police. She acted fine and completely sober but she DID get stuck in a ditch (although was ran off of the road). If the driver wasn't written a ticket that night, is it possible that here, two weeks later, they could get her for a DUI?

    -Would a passenger possessing marijuana in the driver's car have any effect on the driver's auto insurance policy and/or claim?

    -If the police had any intent to potentially try her for a DUI, is it correct that she would have been written a ticket that night as well and not allowed to leave in her vehicle?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,222

    Default Re: Can Non-Reportable Vehicle Accidents Still Have Info on Record

    -If the accident was non-reportable, is her BAC going to be on any sort of record or file that insurance would be able to see?
    I can't guarantee that 100%. There won't be anything on her driving record because she wasn't cited and that's what insurance companies are generally concerned with. However, many insurance companies do a more comprehensive background check for new applicants and her name could theoretically come up in a search. I wouldn't lose any sleep over it.

    -I know that some may be charged with a DUI even if their BAC is less than .08 if they're considered to be impaired by the judgement of the police. She acted fine and completely sober but she DID get stuck in a ditch (although was ran off of the road). If the driver wasn't written a ticket that night, is it possible that here, two weeks later, they could get her for a DUI?
    Of course, it's "possible." Will it happen? No way to predict. She'll just have to sweat it out for a few months and hope nothing happens. Meantime she need to rethink drinking and driving. It's the height of stupidity.

    -If the police had any intent to potentially try her for a DUI, is it correct that she would have been written a ticket that night as well and not allowed to leave in her vehicle?
    Nope, not correct at all. I repeat. She will just have to sweat out her stupidity.

    You guessed it. I have no sympathy for people who drink and drive. Even the smallest amount of alcohol impairs one's judgment and reflexes. Anyone who declares otherwise is an idiot.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,395

    Default Re: Can Non-Reportable Vehicle Accidents Still Have Info on Record

    What state is this?

    If they let her go, the odds of her being charged for DUI is pretty much nil. No FSTs, no chemical test, no real evidence. She might be charged with the crash, perhaps, but that should be it. As a note, .08 is NOT the "legal limit." A BAC of .08 is the level at which you are presumed impaired without having to show much else. At .03 one can still be impaired. In fact, one can be impaired at .00 BAC (medication and illicit drugs, for instance). But, in this case, I think she's clear from any DUI charge.

    Oh, and as a note, most claims of a person being run off the road are not true. More often than not the driver was not paying attention, nodded off, or was otherwise distracted (maybe through weariness or impairment). Being run off the road by a mystery vehicle is about as common as the tale of a dog or other critter running in front of a vehicle causing the driver to swerve off the road.

    The passenger's marijuana possession shouldn't have any impact on the driver's insurance.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #4
    Join Date
    Jul 2018
    Posts
    1,733

    Default Re: Can Non-Reportable Vehicle Accidents Still Have Info on Record

    Quote Quoting Lncccc0528
    View Post
    Luckily, no one was injured, no other vehicles were involved, and no damage was done to the car so they deemed it a non-reportable accident.
    Who are "they," and what does "non-reportable" mean? In what state did this occur?


    Quote Quoting Lncccc0528
    View Post
    However, the driver was breathalyzed and blew a .03 (in her state the legal BAC limit is .08).
    The driver...meaning your friend?


    Quote Quoting Lncccc0528
    View Post
    If the accident was non-reportable, is her BAC going to be on any sort of record or file that insurance would be able to see?
    It's possible that the police made a report and that the insurance company may obtain a copy of that report.


    Quote Quoting Lncccc0528
    View Post
    If the driver wasn't written a ticket that night, is it possible that here, two weeks later, they could get her for a DUI?
    ...
    If the police had any intent to potentially try her for a DUI, is it correct that she would have been written a ticket that night as well and not allowed to leave in her vehicle?
    These two questions appear to be asking the same thing. Virtually anything is possible.


    Quote Quoting Lncccc0528
    View Post
    Would a passenger possessing marijuana in the driver's car have any effect on the driver's auto insurance policy and/or claim?
    Unlikely, but I'm curious how it was that the cops found the marijuana.

  5. #5
    Join Date
    Sep 2019
    Posts
    3

    Default Re: Can Non-Reportable Vehicle Accidents Still Have Info on Record

    I was the third passenger. Marijuana was found on the other passenger because the police searched all of us. I don't blame them for doing so considering we were stuck in a ditch with no real proof that a car ran us off of the road. A car INDEED ran her off of the road. I witnessed it.

    I was the third passenger and I can confirm that she was run off of the road. She went to turn right onto a small highway in a country town unfamiliar to her, and as she was turning she realized that the vehicle traveling towards her was in her lane with their high beams on. Out of instinct, to avoid being hit head on by another vehicle on a 55 mph highway, she went to the right into the ditch. It was the best she could do for a split second decision. The car had no damage and none of us were injured.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,395

    Default Re: Can Non-Reportable Vehicle Accidents Still Have Info on Record

    Unless the searches were consensual, or the subject holding the marijuana smelled like marijuana thus granting probable cause, the search may not have been entirely kosher. Your friend might want to have an attorney review the case.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #7
    Join Date
    Sep 2019
    Posts
    3

    Default Re: Can Non-Reportable Vehicle Accidents Still Have Info on Record

    Quote Quoting cdwjava
    View Post
    Unless the searches were consensual, or the subject holding the marijuana smelled like marijuana thus granting probable cause, the search may not have been entirely kosher. Your friend might want to have an attorney review the case.
    Are you saying that they possibly did not have a right to search the vehicle and us due to not having probable cause? Evidence obtained illegally cannot be used in court. If that's what you meant then you make a good point. He is a convicted felon though so I believe that's a lot of the reason why they performed a search as well.

  8. #8
    Join Date
    Jul 2010
    Posts
    7,657

    Default Re: Can Non-Reportable Vehicle Accidents Still Have Info on Record

    Quote Quoting Lncccc0528
    View Post
    He is a convicted felon though so I believe that's a lot of the reason why they performed a search as well.
    The passenger with the pot is a convicted felon or the driver? If the driver, that alone does not give PC to search the passengers.

    Is the convicted felon still on any kind of probation/parole? If he is not, they cannot just search him because he is a felon. Even if he is, the devil is in the details and the state law (which you keep neglecting to provide) on whether they can do a non-consensual search just because.

  9. #9
    Join Date
    Oct 2006
    Posts
    15,673

    Default Re: Can Non-Reportable Vehicle Accidents Still Have Info on Record

    Just a point to ponder:

    In order for the police to come back later an try to get her for being impaired, they would have to admit that they allowed an impaired driver to continue to drive off from the scene. They aren't going to do that.

  10. #10
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,395

    Default Re: Can Non-Reportable Vehicle Accidents Still Have Info on Record

    Quote Quoting Lncccc0528
    View Post
    Are you saying that they possibly did not have a right to search the vehicle and us due to not having probable cause? Evidence obtained illegally cannot be used in court. If that's what you meant then you make a good point. He is a convicted felon though so I believe that's a lot of the reason why they performed a search as well.
    It's not clear from their post what they had cause to do. There are a number of scenarios in which a search is perfectly lawful. Consent, probable cause, plain view, or if found in the passenger's immediate possession and they were on probation or parole. Ultimately the marijuana things is an issue for your friend's attorney to address, not yours.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Auto Insurance: Liability for Tickets and Accidents Caused by the Driver of an Uninsured Vehicle
    By Jessica Cardinal in forum Insurance Law
    Replies: 1
    Last Post: 06-15-2016, 04:08 PM
  2. Traffic Accidents: Are You Liable for Accidents Your Adult Child Causes in a Vehicle You Insure
    By BBQManic in forum Accidents and Injuries
    Replies: 3
    Last Post: 04-30-2013, 04:52 PM
  3. Traffic Accidents: Accidents with Injury but False Info
    By teachme in forum Accidents and Injuries
    Replies: 4
    Last Post: 02-04-2010, 03:24 AM
  4. Unemployment Benefits: Apartment Buy-Out: Reportable Income
    By kim94115 in forum Employment and Labor
    Replies: 2
    Last Post: 06-20-2009, 12:04 AM
  5. Ticket Errors: All Vehicle Info Is Wrong
    By pisczum in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 02-26-2008, 07:19 AM
 
 
Sponsored Links

Legal Help, Information and Resources