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  1. #1
    Join Date
    Feb 2010

    Default Involved in a Hit and Run Accident with a Driver on a Suspended License

    My question involves a traffic accident in the State of: CA (San Jose, CA)
    I was broadsided by a truck and was trapped in the vehicle. The driver never got out of the car and continued driving away. My brand new 335i was totaled and I received minor injuries. I was told by the fire dept, police dept and paramedics that I was lucky to be alive with only minor injuries. At this point, my neck is still sore and I have numbness and pain in my left arm.

    The preliminary accident report shows that the driver (not the owner of the truck that broadsided me) admitted hitting me and that I told him to continue on. I didn't wave him on but regardless, I know that CA requires an exchange of information when there's bodily injury and/or major property damage (I would assume that a $50K+ totaled vehicle would be considered major property damage).
    I spoke with the detective who is handling the case. He said that the driver had a license that was suspended for a DUI. The detective has submitted his findings to the DA and has asked for warrant charges to be filed against the driver.
    1. what are warrant charges?
    2. why wasn't the driver cited or arrested when questioned approximately 90 minutes after the accident by officers? The vehicle involved in the accident was impounded by the officer who took the driver's statement.
    3. why wasn't a field sobriety test administered by the officer when taking the driver's statement given that he was driving on a license suspended for dui?
    4. What will be the likely charges that the driver will be charged with?
    5. What are the penalties for a hit and run while driving on a license suspended for dui in CA?

    At this point, I don't really care about the physical injuries although I won't sign anything until the injuries are resolved. I'm more concerned that this guy will go out and do this again. He was cited 2 years ago for driving without a license, driving on the wrong side of the road and driving without insurance. He clearly is ok with driving without a license. The next time he goes out driving, he has a good chance of possibly hitting a minivan full of kids or hitting a pedestrian. He's probably not going to stop then when he does hit someone else given that he pushed my car from the middle of the intersection of a 4 lane road clear to the curb and spun my car so that it was facing oncoming traffic and thought that it was ok to leave given all that damage despite that I was trapped and calling out for help.
    I'm wondering what can be done in terms of talking to the DA and to DMV about conveying that this guy shouldn't be driving and needs a heads up that what he's doing is not ok.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Involved in a Hit and Run Accident with a Driver on a Suspended License

    1. The request is made to the court to issue a warrant charging the defendant with specified crimes. The charges might be along the lines of driving with a suspended license and leaving the scene of a property damage accident.

    2. You would have to ask the officers.

    3. Presumably because he showed no signs of intoxication or impairment, and also due to the passage of time. But again, to know what the officers were thinking you would have to ask them.

    4. See above.

    5. If the charge is for leaving the scene of an accident where somebody was injured, he could face up to a year in jail.

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