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  1. #21
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    Sep 2005
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    Default Re: Court Needs Proof Any Suggestions

    Quote Quoting berry1411
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    This was a felony case I pointed a case from a detachable radio I had at the time in the car to him However my public defender recommended that I take a plea if they found me guilty they would give me probably more than 10 years. As I was leaving the victim was standing in front of my car I then turned and hit Him bumped him to get out of the way. All of this was my fault not the victim. I believe no serious injury how ever the court does.
    The police report should include any mention of actual injury to the victim. Didn't your attorney ever tell you whether the victim was hurt or not? Chances are if you were not sued for medical bills and did not have to pay restitution to the victim for any injury or medical bills, then they were not harmed.

  2. #22
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    Feb 2020
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    Default Re: Court Needs Proof Any Suggestions

    Quote Quoting cdwjava
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    The police report should include any mention of actual injury to the victim. Didn't your attorney ever tell you whether the victim was hurt or not? Chances are if you were not sued for medical bills and did not have to pay restitution to the victim for any injury or medical bills, then they were not harmed.
    I would say that the chances are greater that if the victim was harmed he would have a hard time finding a personal injury lawyer willing to take the case because of the likely net worth of the OP, being only 19 years old, would not have any money.

  3. #23
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    Default Re: Court Needs Proof Any Suggestions

    Quote Quoting Harold99
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    I would say that the chances are greater that if the victim was harmed he would have a hard time finding a personal injury lawyer willing to take the case because of the likely net worth of the OP, being only 19 years old, would not have any money.
    Maybe. But, he'd almost certainly have been informed by his insurance company of any filed claims - particularly if they reached the limits of his coverage. I find it hard to believe that he wouldn't have been made aware of any serious injury through either the police or some other legal avenue (lawsuit, insurance, etc.).

    And, of course, being 19 it's likely that his vehicle was in a parent's name, or at least shared with a parent ... otherwise known as "deep pockets" (or, perceived as such).

  4. #24
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    Feb 2020
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    750

    Default Re: Court Needs Proof Any Suggestions

    Quote Quoting cdwjava
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    Maybe. But, he'd almost certainly have been informed by his insurance company of any filed claims - particularly if they reached the limits of his coverage. I find it hard to believe that he wouldn't have been made aware of any serious injury through either the police or some other legal avenue (lawsuit, insurance, etc.).

    And, of course, being 19 it's likely that his vehicle was in a parent's name, or at least shared with a parent ... otherwise known as "deep pockets" (or, perceived as such).
    Well, getting out of your car and performing a criminal act of attacking someone is not covered by auto insurance, so the claim would be immediately rejected. If the car was owned by the parents with deep pockets they would not be implicated either. But I do find it strange that the OP only nudged the other party and serious injuries were filed. Don't you think the police report MUST indicate serious injuries for the DA to follow through as they did?

  5. #25
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    Sep 2005
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    California
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    Default Re: Court Needs Proof Any Suggestions

    Quote Quoting Harold99
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    Well, getting out of your car and performing a criminal act of attacking someone is not covered by auto insurance, so the claim would be immediately rejected. If the car was owned by the parents with deep pockets they would not be implicated either. But I do find it strange that the OP only nudged the other party and serious injuries were filed. Don't you think the police report MUST indicate serious injuries for the DA to follow through as they did?
    The section only indicates that the force used may have been sufficient to cause serious injury, or (as indicated by the OP) with a weapon. In this case, the car would appear to be the weapon.

    ==========
    30-3-5. Aggravated battery.

    A. Aggravated battery consists of the unlawful touching or application of force to the person of another with intent to injure that person or another.

    B. Whoever commits aggravated battery, inflicting an injury to the person which is not likely to cause death or great bodily harm, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body, is guilty of a misdemeanor.

    C. Whoever commits aggravated battery inflicting great bodily harm or does so with a deadly weapon or does so in any manner whereby great bodily harm or death can be inflicted is guilty of a third degree felony.

  6. #26
    Join Date
    Feb 2020
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    750

    Default Re: Court Needs Proof Any Suggestions

    Quote Quoting berry1411
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    This was a felony case I pointed a case from a detachable radio I had at the time in the car to him However my public defender recommended that I take a plea if they found me guilty they would give me probably more than 10 years. As I was leaving the victim was standing in front of my car I then turned and hit Him bumped him to get out of the way. All of this was my fault not the victim. I believe no serious injury how ever the court does.
    Oops, I may have misunderstood this statement. If he intensionally hit the other party with his car, all bets are off. I now can see the criminal act with a potentially deadly weapon. It may even be covered by auto insurance if the OP said it was an accident...as most would claim.

  7. #27
    Join Date
    Oct 2016
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    Default Re: Court Needs Proof Any Suggestions

    Nevermind you found your own error.

  8. #28
    Join Date
    Apr 2020
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    21

    Default Re: Court Needs Proof Any Suggestions

    Quote Quoting PayrolGuy
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    Nevermind you found your own error.
    Hi all, I received the police report today it is kind of awful to relive the past through that report. The victim does state in the report that I pulled a gun out at him and tried to run him over he states that I did hit him in the back of the leg And then I speeded away. I believe to the best of my knowledge that he was not injured or hurt. In that case any suggestions on how to show the court that he was not seriously injured

  9. #29
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    Sep 2005
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    California
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    Default Re: Court Needs Proof Any Suggestions

    Quote Quoting berry1411
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    Hi all, I received the police report today it is kind of awful to relive the past through that report. The victim does state in the report that I pulled a gun out at him and tried to run him over he states that I did hit him in the back of the leg And then I speeded away. I believe to the best of my knowledge that he was not injured or hurt. In that case any suggestions on how to show the court that he was not seriously injured
    As appears to be required, you attach a copy of the police report. If there is no record of serious injury (as evidenced by EMS responding and, perhaps, a ride to the hospital in an ambulance) then that may suffice. It's nearly impossible to prove a negative, and short of tracking the victim down and obtaining an affidavit from him admitting to not being seriously injured, that's about all you can do.

  10. #30
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    Apr 2020
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    21

    Default Re: Court Needs Proof Any Suggestions

    Quote Quoting cdwjava
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    As appears to be required, you attach a copy of the police report. If there is no record of serious injury (as evidenced by EMS responding and, perhaps, a ride to the hospital in an ambulance) then that may suffice. It's nearly impossible to prove a negative, and short of tracking the victim down and obtaining an affidavit from him admitting to not being seriously injured, that's about all you can do.
    Would you recommend attaching a letter of some sort in regards to my defense or should I just send a police report

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