Sitting at a red light, a drunk driver slammed into us at 35 mph, then fled the scene. An oficer sitting at the intersection ran him off the road and arrested him. Our car $3000 in damages, his totaled. He is charged with felony DUI hit and run
My families total medical was $26,000. Suspect has 4 DUIs 3 of which were outstanding. 6 months later he arrested. He is convicted on the DUI BEFORE ours and sentenced to 1 year in jail. We need a conviction in our case so we can sue for punitive damages. I call DA office to see when they will prosecute him in our case. They say is has been VL and he will not be prosecuted?
I get upset and ask to speak directly to DA, explain case to him, he apologizes but said the decision is final.
My question is this is pure BS, who can I go to from here and file a complaint? This guy almost killed our whole family and they are not going to do anything? We can't introduce punitive damages in an auto case unless he is convicted of a felony? Help! T
2007-11-04 16:53:01 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
volutary leave, it means the case is there and they COULD prosecute it still, but likely won't. Basically it is a shelved case because they already got him convicted on one and feel that is enough.
2007-11-04 17:05:53 · update #1
File for damages in a civil court. This is how OJ was found not guilty (in criminal court) but financially liable for his ex-wifes murder (in civil court).
2007-11-04 17:04:58 · answer #1 · answered by xtowgrunt 6 · 0⤊ 0⤋
Hopefully, you do not must sue any individual. Here's how it'll paintings. There are 2 aspects to the declare, estate (your auto) and physically damage. The estate aspect is lovely functional, the coverage organization can pay up this type of 3, the quantity to repair the auto, the quantity the auto is valued at, or the quantity of protection the motive force has. Whichever of those 3 is much less, is what they'll pay to you. For the physically damage they will have to pay in your scientific costs and any time clear of paintings that you might have misplaced because of the coincidence. If you're completely injured you probably entitled to extra, however is dependent upon the severity of your accidents and the way it results your potential to paintings and reside your common lifestyles. Courts are highly-priced for coverage corporations and they'll wish to settle with you and your legal professional so you should not must honestly sue any individual.
2016-09-05 10:43:19 · answer #2 · answered by ? 4 · 0⤊ 0⤋
The DA probably looked over the evidence and decided that there wasn't enough to get a conviction. They know how to judge these things. It would be a waste of time and money to try to prosecute a case when it's not possible to win.
You can still file a civil suit of course.
2007-11-04 17:30:41 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I am not a lawyer so do your own research but....
I would talk to any lawyer in your town who specializes in auto accidents...if you have a cut and dry case like you lay out above any good lawyer will probably take your case on a pro bono (and you pay if you win).
Also if the D.A. is unwilling to prosecute you have the right to sue since damage was caused to your property and personal health.
If he won't prosecute and won't give any details about his reasoning.....I would ask your above attorney to file a grievance with the state bar AND go to your local paper(s)....reporters love to write about incompetent public officials.
Good luck and get a lawyer!
2007-11-04 17:07:24 · answer #4 · answered by itdaytrader 3 · 0⤊ 0⤋
Who is he related to?
My Mom and two other people were hit by drunk way back in early seventies.
The drunk had relatives in Police Department.
No charges...no nothing....guy as free as a bird.
Mom with two broken legs, fractured skull, busted pelvis, broken arm.
Other woman crippled for life.
third person just grazed.
A friend in vehicle was recently hit by building contractors vehicle. Driver took off. tried to cover damage with mud but license plate was left behind leading to quick identification.
Damage to vehicle about 8 grand...friend uninjured.
Cops did not think it was important enough.
they let it go.
not even a ticket.
I wonder what connections to police that outfit had?
2007-11-04 17:13:17 · answer #5 · answered by zuezug 3 · 0⤊ 0⤋
I wish I knew what to tell you. Our officers go above and beyond for our safety and protection then the district and/or state's attorney lets us all down. Been there. I hope you find a way to get justice.
2007-11-04 17:04:09 · answer #6 · answered by hoppykit 6 · 0⤊ 0⤋
what state? the civil courts should be different from the criminal courts. Do you have an attorney?
2007-11-04 17:05:04 · answer #7 · answered by Asked and Answered 7 · 0⤊ 0⤋
has been VL?!??
2007-11-04 17:01:22 · answer #8 · answered by MissWong 7 · 0⤊ 0⤋