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  1. #1
    Join Date
    Oct 2009
    Posts
    4

    Default I Was Assaulted by a Vehicle and then Charged with Misdemeanor Vandalism

    I'm starting with the worst part of all because my story is long and painful to read, however I am in great need of some good advise:

    The worst part of all is that I will be leaving the country prior to the date on my ticket. My wife and I have sold all of our possessions to travel the world for 18 months. We leave the country November 19th and our court date is on December 4th. The last thing I want when I return is to be arrested for failure to appear, what a nice welcome home gift. Any help would be greatly appreciated.

    My questions are:

    Can I move up my court date?

    Does this guy have a strong case?

    Why does my Wife's testimony not count?

    Can I file assault charges against him?

    Can I make it all just go away?:

    My story:

    Yesterday my wife and I were casually strolling across the street on our way to yoga when a VW bus in a hurry came very close to hitting us, stopping in the middle of the intersection. As we walked by I looked at him and he impatiently waved his hand telling me to get out of his way. He immediately proceeded to rev up his engine before we had even passed his car, my wife quickly got out of the way and I turned to ask him what his problem was. His car then lunged forward hitting my knees and pushing me back at least two feet. I had my water bottle in my hand and swung it towards his windshield in self-defense, which I was plastered to. This of course broke his windshield and he jumped out of his car screaming at me.

    My wife was very upset about the whole incident and after yelling "what the F*@ck is your problem to the driver" began walking to get as far away as possible, so I flowed. He then chased us down and stopped us saying he was calling the cops. Our reaction as innocent victims of assault with a deadly weapon agreed that would be a great idea.

    At this point another man ran up to us and verbally threatened violence against us, asking me to hit him so he could kick my ass and sue me. This person was his third party witness. Apparently this guy was riding or parking his bike and saw me swing my water bottle into the windshield missing the whole assault by van part. He then chases me down to threaten me with violence.

    The police arrived 30-40 minutes later hurried and rude. They took our stories and then took the third party’s by phone. They told us that my wife, who saw the entire incident, was not a proper witness because she was with me. They then began writing me a ticket for misdemeanor vandalism. I then told them that I wanted to file charges for assault. They told me that I couldn’t because of the third party and basically treated me as though I was guilty.

    Thanks for reading,

  2. #2
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: I Was Assaulted by a Vehicle and then Charged with Misdemeanor Vandalism

    Quote Quoting IsaacSF
    View Post
    I'm starting with the worst part of all because my story is long and painful to read, however I am in great need of some good advise:

    The worst part of all is that I will be leaving the country prior to the date on my ticket. My wife and I have sold all of our possessions to travel the world for 18 months. We leave the country November 19th and our court date is on December 4th. The last thing I want when I return is to be arrested for failure to appear, what a nice welcome home gift. Any help would be greatly appreciated.

    My questions are:

    Can I move up my court date?

    Does this guy have a strong case?

    Why does my Wife's testimony not count?

    Can I file assault charges against him?

    Can I make it all just go away?:

    My story:

    Yesterday my wife and I were casually strolling across the street on our way to yoga when a VW bus in a hurry came very close to hitting us, stopping in the middle of the intersection. As we walked by I looked at him and he impatiently waved his hand telling me to get out of his way. He immediately proceeded to rev up his engine before we had even passed his car, my wife quickly got out of the way and I turned to ask him what his problem was. His car then lunged forward hitting my knees and pushing me back at least two feet. I had my water bottle in my hand and swung it towards his windshield in self-defense, which I was plastered to. This of course broke his windshield and he jumped out of his car screaming at me.

    My wife was very upset about the whole incident and after yelling "what the F*@ck is your problem to the driver" began walking to get as far away as possible, so I flowed. He then chased us down and stopped us saying he was calling the cops. Our reaction as innocent victims of assault with a deadly weapon agreed that would be a great idea.

    At this point another man ran up to us and verbally threatened violence against us, asking me to hit him so he could kick my ass and sue me. This person was his third party witness. Apparently this guy was riding or parking his bike and saw me swing my water bottle into the windshield missing the whole assault by van part. He then chases me down to threaten me with violence.

    The police arrived 30-40 minutes later hurried and rude. They took our stories and then took the third party’s by phone. They told us that my wife, who saw the entire incident, was not a proper witness because she was with me. They then began writing me a ticket for misdemeanor vandalism. I then told them that I wanted to file charges for assault. They told me that I couldn’t because of the third party and basically treated me as though I was guilty.

    Thanks for reading,
    Do you have any bruising/injury to your legs from being hit?

  3. #3
    Join Date
    Oct 2009
    Posts
    4

    Default Re: I Was Assaulted by a Vehicle and then Charged with Misdemeanor Vandalism

    No brusing, but I have expereinced knee pain since the accident.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: I Was Assaulted by a Vehicle and then Charged with Misdemeanor Vandalism

    Quote Quoting IsaacSF
    View Post
    The worst part of all is that I will be leaving the country prior to the date on my ticket. My wife and I have sold all of our possessions to travel the world for 18 months. We leave the country November 19th and our court date is on December 4th. The last thing I want when I return is to be arrested for failure to appear, what a nice welcome home gift.
    Yet, that may well be the end result.

    Can I move up my court date?
    You can always ask for a continuance, but they will NOT continue the case for 18 months. If you hire an attorney you might be able to draw it out for 6 months or so.

    Does this guy have a strong case?
    HIS case would be a civil suit for the damages. It is the STATE's case, you need to be worried about for the vandalism. From what you wrote, yes, a case can be made. How strong a case would depend on how articulate all the parties might be on the stand. Unfortunately, you and your wife will not be present at trial to make your statement. Thus, it would seem that the state will have an outstanding case.

    Why does my Wife's testimony not count?
    It is not that it will NOT count, only that her testimony will be presumed to be biased.

    Can I file assault charges against him?
    Apparently you already asked about that. You can take him to civil court, but you'll likely have to cancel your trip for that, too.

    The state - through the DA or city attorney, however it is done in your un-named state - generally has sole discretion as to whether or not to prosecute for a crime. Not knowing what the other driver and the independent witness said, it's hard to say whether you have a case against him or not. But, if the state will not prosecute him, it is irrelevant.

    Can I make it all just go away?
    Before you leave for your trip? Probably not. The only remote possibility would be by pleading guilty before the court date and hoping they sentence you quickly and hit you with a fine and restitution and NOT formal probation or jail time. But, chances are even a guilty plea would result in a sentencing hearing a couple months down the road.

    What state are you in, and what is the specific code section for which you are charged?

    - Carl

  5. #5
    Join Date
    Oct 2009
    Posts
    4

    Default Re: I Was Assaulted by a Vehicle and then Charged with Misdemeanor Vandalism

    California Sec 594 (b)(2)(a)

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: I Was Assaulted by a Vehicle and then Charged with Misdemeanor Vandalism

    Yep, that is misdemeanor vandalism.

    I suspect you will have to either postpone your trip, or, risk a warrant arest upon your return.

    I suggest you use a few dollars of that money you collected selling your worldly goods to pay for an attorney to handle this for you. It might buy you some time, but it might also require you to plead guilty.

    - Carl

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