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  1. #1
    Join Date
    Oct 2007
    Posts
    8

    Angry 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!

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Wrongly Accused of Parking Lot Hit and Run and Property Damage

    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.

  3. #3
    Join Date
    Oct 2007
    Posts
    8

    Default Re: Wrongly Accused of Parking Lot Hit and Run and Property Damage

    Quote Quoting moburkes
    View Post
    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.
    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.

  4. #4
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Wrongly Accused of Parking Lot Hit and Run and Property Damage

    Quote Quoting huntax
    View Post
    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.
    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.

  5. #5
    Join Date
    Oct 2007
    Posts
    8

    Default Re: Wrongly Accused of Parking Lot Hit and Run and Property Damage

    Quote Quoting moburkes
    View Post
    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.
    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!

  6. #6
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Wrongly Accused of Parking Lot Hit and Run and Property Damage

    Quote Quoting huntax
    View Post
    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!
    If one car's bumper is metal and the other car's bumper is that hard plastic.

  7. #7

    Default Re: Wrongly Accused of Parking Lot Hit and Run and Property Damage

    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?

  8. #8
    Join Date
    Oct 2007
    Posts
    8

    Default Re: Wrongly Accused of Parking Lot Hit and Run and Property Damage

    Quote Quoting moburkes
    View Post
    If one car's bumper is metal and the other car's bumper is that hard plastic.
    Oh well I think I should be just fine ^_^ my bumper is plastic. Thanks again moburkes!

  9. #9
    Join Date
    Oct 2007
    Posts
    8

    Default Re: Wrongly Accused of Parking Lot Hit and Run and Property Damage

    Quote Quoting lwpat
    View Post
    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?

    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!

  10. #10
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Wrongly Accused of Parking Lot Hit and Run and Property Damage

    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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