Accusation of Hit and Run

[Anonymous]

OP. I wouldn't go to the police station if I were you. I'd refer the police to your insurance company who already has your testimony. If they want further details, tell them to come to you. You're innocent and you shouldn't volunteer to be further inconvenienced.

[Anonymous]

All this and you still want to pretend that your cutting off people is no big deal. I seriously hope that you're just an attention whoring troll, because if you are this oblivious to your horrible driving it's only a short matter of time before you end up dead.

Stop driving until you can learn how not to piss off your fellow motorists.

With love,

Sane People

[Anonymous]

Anonymous wrote:

Anonymous wrote:Some of these posts are BS.
-you are not required to call the police if you are in an accident. Unless there are injuries or significant damage, officers generally just aid drivers in exchanging information.

- I'm a police officer, and a lot of times what you perceive to have happened is different than what actually happened, especially in quick/sudden events like accidents and shootings.

-given the circumstances, I would call the non-emergency number and tell the officer what happened. If there was significant damage to your car, I would def get a lawyer, but that's not the case here.

Um, right. OP, call a lawyer. Don't go to the police station.

BTW "leaving after colliding" is an actual misdemeanor in DC if there is personal injury, just like the other PP said:

:https://beta.code.dccouncil.us/dc/council/code/sections/50-2201.05c.html

(a) Any person who operates or who is in physical control of a vehicle within the District who knows or has reason to believe that his or her vehicle has been in a collision shall immediately stop and:

(1) Where another person is injured, call or cause another to call 911 or call or cause another to call for an ambulance or other emergency assistance if necessary, remain on the scene until law enforcement arrives, and provide identifying information to law enforcement and to the injured person;

(2) Where real or personal property belonging to another is damaged or a domestic animal is injured, provide identifying information to the owner or operator of the property or the owner of the domestic animal or, where the owner or operator of the property or the owner of the domestic animal is not present, provide or cause another to provide identifying information and the location of the collision, to law enforcement or 911; or

(3) Where real or personal property or a wild or domestic animal, as a result of the collision, poses a risk to others, call or cause another to call 911 and provide identifying information, the location of the collision, and a description of the nature of the risk posed to others.

(b) It is an affirmative defense to a violation of subsection (a) of this section, which the defendant must show by a preponderance of the evidence, that the defendant’s failure to stop or his or her failure to remain on the scene was based on a reasonable belief that his or her personal safety, or the safety of another, was at risk and that he or she called 911, or otherwise notified law enforcement, as soon as it was safe to do so, provided identifying information, provided a description of the collision, including the location of the collision or event, and followed the instructions of the 911 operator or a law enforcement officer.

(c) It is not a defense to a violation of this section that the defendant:

(1) Was intoxicated, impaired in any way, or distracted; or

(2) Was not at fault for the collision.

(d)(1)(A) A person violating subsection (a)(1) of this section shall upon conviction for the first offense be fined not more than the amount set forth in § 22-3571.01, or incarcerated for not more than 180 days, or both.

(B) A person violating subsection (a)(1) of this section when the person has a prior offense under subsection (a)(1) of this section and is being sentenced on the current offense shall be fined not more than the amount set forth in § 22-3571.01, or imprisoned not more than one year, or both.

(2)(A) A person violating subsection (a)(2) or (a)(3) of this section shall upon conviction for the first offense be fined not more than the amount set forth in § 22-3571.01, or incarcerated for not more than 30 days, or both.

(B) A person violating subsection (a)(2) or (3) of this section when the person has a prior offense under subsection (a)(2) or (a)(3) of this section and is being sentenced on the current offense shall be fined not more than the amount set forth in § 22-3571.01, or imprisoned not more than 90 days, or both.

This thread just got complicated.
Now not only can someone falsely accuse anyone whose license plate they have of road rage if they have damage on their own car, but they can call it a hit and run and the onus is on the accused to prove that they weren't in a collision? If the police want to see you, the tendency is to obey them. Why can you get in trouble in this scenario?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Wow. That sucks, OP. I wouldn't get a lawyer at this point. You have pics and you made a call to 911.

Anyone who speaks to the police, about a possible criminal matter that they may possibly be charged for, without a lawyer, is an idiot.

The police aren't interested in talking to you about the weather or if you should get new carpet. They're trying to see if they should/can charge you with a crime. Why would you help them in this?

Agree 100% I would actually speak to a lawyer who handles issues like this prior to going to the police.

"Hit and run" is officially known as "leaving after colliding" is a crime in the misdemeanor crime in the District (DC has some of the toughest laws in the country in this regard). By DC law you are required to have an officer come to the scene of any accident (although it's sometimes difficult to get one to actually come). But if you leave the scene
of an accident with or without property damage you have committed a crime known as "leaving after colliding".
In a classic hit-and-run when a letter such as one you received is sent, the police want you to come to the station because although they know which car was involved in (and "fled) the accident but they don't know who was driving..
By going to the station and admitting to driving the vehicle you are admitting to the crime of "leaving after colliding" and you'll be charged. If you don't show up they have no way of knowing who was driving the vehicle and they can't charge you.. When they send these letters they're basically trying to get you to give yourself up. So in general you never want to show up. They will never come to your residence to seek you out.. They have NO way of knowing who was driving unless you tell them so they're not going to track you down......because it could have been you or any one of your 100 closest friends whom you lent your car too.

This case is a bit more complicated since it was a road rage incident and you have already admitted to being the driver of the vehicle both to your insurance company and to the police (in your attempt to contact them...). And there was no collision to begin with.
Regardless I would talk to a lawyer familiar with DC hit and run laws before talking to the police. Most attorneys will offer a free consult for things like this.

Not specifically about the original poster situation but in general.

[Anonymous]

"Anonymous wrote:
Echoing what other PPs have said: do not go to the police station; do not talk to the police; do not have any further contact with anyone but your lawyer on the issue.

Something similar to this happened to me a few years ago. I received a few letters from the police department and sweated bullets several nights before consulting with a lawyer who gave me the advice I posted above.

I used this guy; there are many others: Daniel A. Gross, PLLC, 400 5th St NW #400, Washington, DC 20001, [phone]. He was professional, affordable, knowledgeable and efficient. Retaining him gave me immediate peace of mind and allowed someone who knows the law and my rights to deal with an issue that was out of my league and which could have had harsh consequences if not handled right. "


Thank you Counsellor. You're very modest.

Umm, no. Maybe you ought not to make assumptions. I am a lawyer -- just not a criminal lawyer. (In-house corporate). Cool story, bro!

[Anonymous]

Anonymous wrote:

Anonymous wrote:Some of these posts are BS.
-you are not required to call the police if you are in an accident. Unless there are injuries or significant damage, officers generally just aid drivers in exchanging information.

- I'm a police officer, and a lot of times what you perceive to have happened is different than what actually happened, especially in quick/sudden events like accidents and shootings.

-given the circumstances, I would call the non-emergency number and tell the officer what happened. If there was significant damage to your car, I would def get a lawyer, but that's not the case here.

Um, right. OP, call a lawyer. Don't go to the police station.

BTW "leaving after colliding" is an actual misdemeanor in DC if there is personal injury, just like the other PP said:

:https://beta.code.dccouncil.us/dc/council/code/sections/50-2201.05c.html

(a) Any person who operates or who is in physical control of a vehicle within the District who knows or has reason to believe that his or her vehicle has been in a collision shall immediately stop and:

(1) Where another person is injured, call or cause another to call 911 or call or cause another to call for an ambulance or other emergency assistance if necessary, remain on the scene until law enforcement arrives, and provide identifying information to law enforcement and to the injured person;

(2) Where real or personal property belonging to another is damaged or a domestic animal is injured, provide identifying information to the owner or operator of the property or the owner of the domestic animal or, where the owner or operator of the property or the owner of the domestic animal is not present, provide or cause another to provide identifying information and the location of the collision, to law enforcement or 911; or

(3) Where real or personal property or a wild or domestic animal, as a result of the collision, poses a risk to others, call or cause another to call 911 and provide identifying information, the location of the collision, and a description of the nature of the risk posed to others.

(b) It is an affirmative defense to a violation of subsection (a) of this section, which the defendant must show by a preponderance of the evidence, that the defendant’s failure to stop or his or her failure to remain on the scene was based on a reasonable belief that his or her personal safety, or the safety of another, was at risk and that he or she called 911, or otherwise notified law enforcement, as soon as it was safe to do so, provided identifying information, provided a description of the collision, including the location of the collision or event, and followed the instructions of the 911 operator or a law enforcement officer.

(c) It is not a defense to a violation of this section that the defendant:

(1) Was intoxicated, impaired in any way, or distracted; or

(2) Was not at fault for the collision.

(d)(1)(A) A person violating subsection (a)(1) of this section shall upon conviction for the first offense be fined not more than the amount set forth in § 22-3571.01, or incarcerated for not more than 180 days, or both.

(B) A person violating subsection (a)(1) of this section when the person has a prior offense under subsection (a)(1) of this section and is being sentenced on the current offense shall be fined not more than the amount set forth in § 22-3571.01, or imprisoned not more than one year, or both.

(2)(A) A person violating subsection (a)(2) or (a)(3) of this section shall upon conviction for the first offense be fined not more than the amount set forth in § 22-3571.01, or incarcerated for not more than 30 days, or both.

(B) A person violating subsection (a)(2) or (3) of this section when the person has a prior offense under subsection (a)(2) or (a)(3) of this section and is being sentenced on the current offense shall be fined not more than the amount set forth in § 22-3571.01, or imprisoned not more than 90 days, or both.

Hit and run is different than not calling the police when you are in an accident.

This is pretty much a non-event. There is nothing wrong with not talking to the police. But I definitely wouldn't waste my money on a lawyer.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Some of these posts are BS.
-you are not required to call the police if you are in an accident. Unless there are injuries or significant damage, officers generally just aid drivers in exchanging information.

- I'm a police officer, and a lot of times what you perceive to have happened is different than what actually happened, especially in quick/sudden events like accidents and shootings.

-given the circumstances, I would call the non-emergency number and tell the officer what happened. If there was significant damage to your car, I would def get a lawyer, but that's not the case here.

Um, right. OP, call a lawyer. Don't go to the police station.

BTW "leaving after colliding" is an actual misdemeanor in DC if there is personal injury, just like the other PP said:

:https://beta.code.dccouncil.us/dc/council/code/sections/50-2201.05c.html

(a) Any person who operates or who is in physical control of a vehicle within the District who knows or has reason to believe that his or her vehicle has been in a collision shall immediately stop and:

(1) Where another person is injured, call or cause another to call 911 or call or cause another to call for an ambulance or other emergency assistance if necessary, remain on the scene until law enforcement arrives, and provide identifying information to law enforcement and to the injured person;

(2) Where real or personal property belonging to another is damaged or a domestic animal is injured, provide identifying information to the owner or operator of the property or the owner of the domestic animal or, where the owner or operator of the property or the owner of the domestic animal is not present, provide or cause another to provide identifying information and the location of the collision, to law enforcement or 911; or

(3) Where real or personal property or a wild or domestic animal, as a result of the collision, poses a risk to others, call or cause another to call 911 and provide identifying information, the location of the collision, and a description of the nature of the risk posed to others.

(b) It is an affirmative defense to a violation of subsection (a) of this section, which the defendant must show by a preponderance of the evidence, that the defendant’s failure to stop or his or her failure to remain on the scene was based on a reasonable belief that his or her personal safety, or the safety of another, was at risk and that he or she called 911, or otherwise notified law enforcement, as soon as it was safe to do so, provided identifying information, provided a description of the collision, including the location of the collision or event, and followed the instructions of the 911 operator or a law enforcement officer.

(c) It is not a defense to a violation of this section that the defendant:

(1) Was intoxicated, impaired in any way, or distracted; or

(2) Was not at fault for the collision.

(d)(1)(A) A person violating subsection (a)(1) of this section shall upon conviction for the first offense be fined not more than the amount set forth in § 22-3571.01, or incarcerated for not more than 180 days, or both.

(B) A person violating subsection (a)(1) of this section when the person has a prior offense under subsection (a)(1) of this section and is being sentenced on the current offense shall be fined not more than the amount set forth in § 22-3571.01, or imprisoned not more than one year, or both.

(2)(A) A person violating subsection (a)(2) or (a)(3) of this section shall upon conviction for the first offense be fined not more than the amount set forth in § 22-3571.01, or incarcerated for not more than 30 days, or both.

(B) A person violating subsection (a)(2) or (3) of this section when the person has a prior offense under subsection (a)(2) or (a)(3) of this section and is being sentenced on the current offense shall be fined not more than the amount set forth in § 22-3571.01, or imprisoned not more than 90 days, or both.

Well based on this info, and considering there wasn't eve a collision according to the OP, (b) specifies that she was not required to stop if she felt her life was in danger. The OP called 911 to report the incident of road rage and would not stop because she obviously felt threatened physically. This seems like a simple case road rage and insurance fraud to me. Sounds like the guy who reported the accident is screwed.

that sounds like a reasonable argument ... for a lawyer to make on OP's behalf.

OP, you should have Miss Lawyer defend you. After giving her 5k, I'm sure she could help you beat the rap.

The cops/prosecutor will do absolutely nothing to you because there is ZERO evidence!

Try not to stress yourself out over this.

[Anonymous]

OP here with an update.

I finally met with the police about this incident. I arrived at the station and I was brought into an interrogation area -- no, not the room with two way glass

I had to answer some questions and fill out paperwork. After all the paperwork was finished, we went out and he examined my car. Of course the lack of damage was pretty telling and he said I would receive a decision in a few weeks. He basically told me that 99.9% I would not be charged. At that point I departed the station. This was a few weeks ago.

Today I received the official notification that the case has been closed because "the striking vehicle in question did not commit the damages to the complainant vehicle."

So glad I didn't spend any money on a lawyer!! Thanks everyone who chimed in that I should just go in on my own!! Just as an fyi, I did consult with an attorney who told me I should not go and answer any questions and that I should pay him to handle the case at the rate of $800 per hour.

Now I am wondering why the guy who recklessly chased and harassed me and then tried to make a false claim to my insurance company is not being charged with fraud. How do people get away with this stuff?

[Anonymous]

As someone who worked in a law firm, but is not a lawyer- I wonder if you could countersue? You might be able to get some great cash from him and it would be great karma for the little creep

[Anonymous]

Anonymous wrote:As someone who worked in a law firm, but is not a lawyer- I wonder if you could countersue? You might be able to get some great cash from him and it would be great karma for the little creep

Please do it for us. And thanks for the update.

[Anonymous]

Anonymous wrote:As someone who worked in a law firm, but is not a lawyer- I wonder if you could countersue? You might be able to get some great cash from him and it would be great karma for the little creep

But this would not be a civil case. In fact the police should charge him with fraud. I wonder if now that the criminal case against me is closed that my insurance company could file a complaint against him for fraud.

[Anonymous]

Anonymous wrote:

Anonymous wrote:As someone who worked in a law firm, but is not a lawyer- I wonder if you could countersue? You might be able to get some great cash from him and it would be great karma for the little creep

But this would not be a civil case. In fact the police should charge him with fraud. I wonder if now that the criminal case against me is closed that my insurance company could file a complaint against him for fraud.

Yeah. I think you should absolutely follow up and try to press for that.

[Anonymous]

Lawyer up. Never trust LE to be honest. Its that simple.

[Anonymous]

OP, I am a prosecutor and I read your update and hunk you did the right thing. I know 99% of this board is anti-law enforcement but to be quite honest the bulk of us want to get to the truth. Your cooperation is necessary for that. Without you talking to the police and showing them your car, they wouldn't get your side of the story. By doing what you did they were able to observe your honest and forthcoming demeanor and it seems like it's all going to work out in your favor.

If you DO want him charged with false reports when all is said and done, if that's a possibility, it wouldn't be feasible without your cooperation.

The police are not all bad. If you tell the truth and are honest 99% of the time you will be fine. Policemen don't wake up and say, "today I want to really f*ck someone's life up because I AM A COP!" I can't stand the liberal cop hate in this place sometimes.

Good luck.

[Anonymous]

Anonymous wrote:OP here with an update.

I finally met with the police about this incident. I arrived at the station and I was brought into an interrogation area -- no, not the room with two way glass

I had to answer some questions and fill out paperwork. After all the paperwork was finished, we went out and he examined my car. Of course the lack of damage was pretty telling and he said I would receive a decision in a few weeks. He basically told me that 99.9% I would not be charged. At that point I departed the station. This was a few weeks ago.

Today I received the official notification that the case has been closed because "the striking vehicle in question did not commit the damages to the complainant vehicle."

So glad I didn't spend any money on a lawyer!! Thanks everyone who chimed in that I should just go in on my own!! Just as an fyi, I did consult with an attorney who told me I should not go and answer any questions and that I should pay him to handle the case at the rate of $800 per hour.

Now I am wondering why the guy who recklessly chased and harassed me and then tried to make a false claim to my insurance company is not being charged with fraud. How do people get away with this stuff?

So now, in addition to thinking you're an above average driver, you now also think you're smarter than a lawyer.

You've got a bright future.