Hit and run driver not arrested after he strikes, severely injures cyclist

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07-13-10, 06:52 PM

#26

Digital_Cowboy

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Originally Posted by gpsblake

Here's the thing. The DA is going to have a hard time, if not impossible, due to the fact the driver did return to the scene. A defense attorney will emphasize this in a court, and no way is a jury going to convict for more than traffic violations. Bummer, but that's the truth.

It shouldn't matter if the driver returned to the scene or not or even if the driver "went somewhere safe" to call 911. I mean these days with cell phones probably out numbering landlines that isn't really a valid excuse anymore. The driver still hit someone, and fled the scene. Granted, yes in this particular case there was a sizable piece of the vehicle that could in all likelihood be used to locate the driver if they hadn't returned. But it is still pretty much a fact isn't it that the driver in question fled the scene no matter how short a period before returning to the scene.

I mean the drivers who have been involved in hit and run collisions and then turn themselves in days or weeks later don't get any breaks (or shouldn't) so why should this person?

07-13-10, 08:23 PM

#27

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Quote:

Originally Posted by gpsblake

Dougmc, yea I'm sure there are facts we don't know for sure. 30 minutes would be a big deal even to a jury.

This almost certainly won't go to trial though, either the DA won't charge, or a deal will be made if the DA can make a case.

The fact the person who got hit has set up a blog will only assist the defense.

Which is why more then a few of us here keep recommending that people involved in collisions/crashes should refrain from posting any details to the web. Insurance companies and lawyers DO pay people to search the web for details about collisions/crashes that their clients are involved in. It's called conducting a through investigation, and anyone who thinks that insurance companies and lawyers do NOT have people on their payrolls who's job it is to scan the web looking for details on collisions/crashes is NOT living in the 21st Century.