My son got scared and pulled into a parking lot of a business. THe man then rear ended him three times pushing him into another car. THe man then jumped out according to witnesses and kicked in the passanger side rear window. My son did not know at the time that one of the kids in his car had just stolen three cartoons of cigarettes from a tabacco place. The only ticked issued was to the 17 year old who stole the cigarettes, and was arrested. THe officer wrote it up as an accident report. I have since left a message with the chief of police. That this was not handled the right way. THe guy who did all the damage did not even have auto insurance and was not issued a ticket. The charge I have now been told has been changed to a reckless conduct charge against the guy who did the damage. I am still waiting to get a copy of that report. But I still have to take this to small claims court to get reimbursed for damages. I think the charge should have been agravated reckless conduct.
2006-07-04 23:01:46 · 8 answers · asked by LESLIE M 1 in Politics & Government ➔ Law Enforcement & Police
Not sure of your laws, but what you describe should not be an accident. It should be some sort of an assault or what ever you were talking about, but not an accident.
2006-07-05 15:13:54 · answer #1 · answered by Anonymous · 2⤊ 0⤋
You have insurance yes? And witnesses? My next move would be to have your insurance company take care of any and all damages and let THEM go after the other person whether in small claims or in a civil lawsuit. It's unlikely that you'll get the charges changed, but what you can get changed is how you get reimbursed...and really not to sound uncaring, but whether your son knew or not, the kid that was with him stole something and apparently this guy was reacting to that. So that doesn't justify the bad guy who punched the car, but it also doesn't let your son off the hook for making bad judgements about people to hang around with.
2006-07-04 23:18:22 · answer #2 · answered by Sidoney 5 · 1⤊ 0⤋
Well, having a stupid passenger was your son's biggest mistake, but all that and the officer initially took a collision report?
Hmmm, if your son was honest with you and it happened like you wrote-- I would've done a Assault with a Deadly Weapon (the vehicle) report. I might not have arrested the subject, but forwarded the report to the district attorney's office for prosecution. This would've also made your son eligible for reimbursement in a program called Victim's Assistance. Most states have their version of this.
REALITY CHECK:
Unless you were there when it happened, remember it is in your son's best interest to give you a story which absolves him of any fault. He doesn't want to get in trouble for wrecking the car.
In my experience, truth is elusive, it's somewhere between what everybody's telling you.
2006-07-04 23:22:52 · answer #3 · answered by Anonymous · 1⤊ 0⤋
same here, the man was at fault and it should have been filed as agravated reckless conduct. If you dont get a reply from the police, go right down there and talk to them about it. They should fine the guy who did the damage. If they dont do anything, go to court, that always works.
2006-07-04 23:15:47 · answer #4 · answered by Anonymous · 0⤊ 0⤋
when you take this person to court, it would be in your benefit to have the kid who stole the cigarettes to testify your son had no knowledge of the theft, for if it comes out that your son new of the theft he could be considered a conspirator to the crime
are you sure your son had no idea that his friend was going to steal or had stolen the cig when he got in the car
2006-07-05 01:23:48 · answer #5 · answered by goz1111 7 · 0⤊ 0⤋
Ask the courts for restitution as part of the mans sentence. Take plenty of pictures, get the witnesses lined up, and get at least three estimates for repairs for your day in court.
2006-07-05 00:18:30 · answer #6 · answered by Dc3402 2 · 0⤊ 0⤋
well when this mad man rear ended the car he actually assaulted your son with a deadly weapon. if the police don't want to see it that way then simply ask them. what do you call it when a person runs a car into them. They call it ADW ( assualt with a deadly weapon ) and then have the right to shoot to kill the person. so it should apply to the public also. GL
2006-07-04 23:16:24 · answer #7 · answered by Frog 2 · 0⤊ 0⤋
i agree with you!
2006-07-04 23:10:01 · answer #8 · answered by Anonymous · 0⤊ 0⤋