Can I press charges against a hit and run driver?

Question

The driver started to drive away, but was stopped by the police. They declined to press charges at the scene, but "persuaded" him to provide insurance info. Can I go down to the police station and press charges anyway? Any suggestions will be appreciated. The incident took place in California.

The driver stopped the car, refused to give info, left the scene, came back after about a half hour, still refused to give info and got into his car. He started his engine and started driving when the police came. No, you're right, I don't have ESP but this is what happened.

Left the scene means, parked his car and left on foot before coming back in about a half hour.

Answer 1

The driver started to drive away. This information could be included in the accident report, but unless you have ESP, you , and the Officer can only assume what the drivers intentions were. You can not charge someone with what you think they were going to do.

Answer 2

You cannot "press charges" if by that you mean institute a criminal proceeding against him. Individual citizens do not bring criminal charges, that is done by the prosecuting attorney (District Attorney or City Attorney or City Prosecutor, depending upon the place). I don't know what you mean by the police refusing to "press charges." Police do not file criminal charges, either. I think you perhaps mean that they did not take him into custody, but that does not mean that charges could not be filed later.

You can make a police report, but it appears that has already happened. The police will submit that information to a prosecuting attorney. I would be very surprised if a prosecutor declined to file a charge if the facts are as you have stated them above.

If the accident was the other driver's fault, you can sue him civilly as well, of course.

Answer 3

Yes, in California, you can make a citizens arrest, it is a form, but you can be liable for a false arrest. The officers in the stop will have to write a report and it will get submitted to the DA's office. They will decide if the case gets filed. Now, if you are going to get your car fixed, do you really want to go through the work involved?

The crime is 20002 Vehicle Code. Hit and run failing to stop and give information, a misdemeanor. It is crime, not a civil action.

Added: Often intent is implied by actions. As I have told many a jury, a robber walks into a store, points a gun, and nods toward the cash register. Any need to have esp to figure out his intent? Now 20002 vc requires only general intent. It only take the intent to do what he did. He refused to give you info. Tried to leave. How much esp do you need. Yours would have been a good case.

Answer 4

Yes, you can. If you are a resident of California, you can contact an attorney to bring a civil suit against the driver and the insurance company, if he in fact has insurance. There may not be any criminal charges against him, but if it is a you say, he left the scene of an accident, then that is criminal.

Answer 5

I'm in NJ.. a few years back I was on a major interstate and a flatbed tow truck started to change lanes (I was in the center of 3 lanes) and his huge back tire hit the front fender of my car almost causing me to lose control, knocked me into other lane. But luckily nobody hit me and I managed to get back in my lane.. He went back into his and kept on going.. I kept blowing the horn and motioning him to stop but he kept going for about a mile. Then did pull over. Nasty old man 78yrs old. Did not have license, registration or ins. card..Gave me his toe truck company's card (he owned the company) I told him now we had to wait for the police but he said he was leaving. Had to go pick up a vehicle and left me standing on the side of the highway. Also told me he worked for the police towing cars. I drove to the station and the officer took my statement. The officer said he knew this old guy and that he was going to lose his license for this. He put an APB out for the guy and I heard another officer say, a bit later, we got him. I get the police report and they only gave him a ticket for improper lane change. Nothing for not having any required driving documents, or leaving the scene of an accident. I was furious, realizing that they cut him a break because in fact he did have a contract with them to tow cars. I filed my own charges against him. Leaving scene etc. Long story short, I got jerked around and finally the Judge just decided it was double jeporady and threw out my case. He had pleaded guilty to the improper lane change and paid the fine. So, yes you can file your own charges against him, but not necessarily will you get any justice. Maybe he had an in with the police too. It's called Politicing. It goes on everywhere. So, good luck and hope you do better than I did.

Answer 6

I say do each of the above. If he cared about his a million year old son he might want to address his responsiblities. in case you do not nip it interior the bud as Barney Fife might want to assert they are going to proceed to make you uncomfortable on your man or woman residence. they're punks and want to be dealt with as such. all of them. all of us on the residing house helps this way of habit to pass on so as that they want to be charged, arrested, and so on inspite of it takes to enable them understand that "homey do not play that"

Answer 7

The cops were going to let him off? This is ludicrous. Of course, yu can file charges, and you should have insisted that they enforce the law.They were dead wrong.

Answer 8

Yes - you can file a civil complaint

Answer 9

I would! Who knows? He might be able to do it again. You need to prevent that from happening to someone else.