Hit and run misdemenor?

Why would he be punished if it wasn’t his fault? Go for the lie detector and they will see who is in the wrong. She;s jsut some b*tch trying to blame someone else.

It would not hurt to talk to an attorney, most will give a free consultation to hear your side and determine if you will in fact need one.

He was wrong because legally, you HAVE to exchange information and insurance. (in most states.) If the damage is over a designated dollar amounty you have to file an accident report with the police.

Hell yes he needs an attorney.

He is ‘guilty’ of leaving the scene of a property damage accident. And if the woman is now claiming that it was his fault, then he is liable (until this is adjudicated, anyway) for her damages as well as the civil infraction of “leaving”. For now, the woman’s statement is all that’s on the police report, which will be primary evidence in court.

Aside from what your boyfriend told you, you have no way of knowing that he wasn’t at fault for the collision, too. He absolutely needs an attorney.

PS: Welcome to Fluther.

They both left the scene makes them both guilty of leaving the scene of an accident. This is a misdemeanor charge and most likely will be handled in traffic court. If he has a witness, this person needs to be in court with him.

Unless he has witnesses, and I’m guessing he doesn’t because he didn’t talk to anyone else except the woman, he has no way to prove that she was at fault. And yes, most states require you to exchange drivers license and insurance card info, whether or not you decide to go through the insurance company to get the vehicles repaired. Also, he should have taken photographs. He might be innocent, but whether he is or isn’t guilty, it appears that he is, because the woman is the one who called the police. Your BF, should have called the police and his insurance company right away.

I’ve watched enough Judge Judy to know that if you can’t show proof and the other person can, no matter how small, that person will win the case. Otherwise, it’s just he said, she said.

Your boyfriend should definitely get a consult with a lawyer. He should also write down, while it’s fresh in his memory, exactly how he thinks the situation played out, complete with a hand drawn map showing where each of the cars were and where the impact occurred. And he should take photos of his vehicle now, even though they are going to say that those damages happened after this little incident. If the crash scene is not too far away, he should go over there and take photos of the intersection or road too. He might want to take a look around and see if there are any video cameras perched on any of the nearby businesses, that may have recorded the accident.

Find a smarter boyfriend. He will be convicted of leaving the scene of an accident. Very very poor judgment, perhaps he shouldn’t be driving at all. Just my opinion.

I dont need anyone saying what i should do. I just need advice for him because some woman lied and started this shit

How do you know that she lied? I’m just curious about that.

Because she merged into his rear bumper? Plus he is a bad liar he couldnt lie about this

You might want to find out if it is civil court or municipal/traffic court. It will make a difference.

If it is civil court drop it and go to Judge Judy or one of the other TV courts.

@Syoung17, are you saying that your boyfriend thought the other driver left the scene of the accident, but in reality she stayed and called the police? How did the police contact him to serve the citation? Also, was his citation only for leaving the scene of an accident and not another moving vehicle violation from the accident?

@bkcunningham they both drove off. The officer came to his house. then said if he tried anythinghe would shoot him. And no he doesnt look like a “gangster”. He looks like an artist which he is not threatening in anyway.
@XOIIO actually 20 highschool graduate in college dont judge me for being in love if you never have been

If they both drove off, how did the police officer know where he lived or how to contact him? I’m missing something here. Did the woman get your boyfriends’ license plate number and call the police after she got home?

What was his violation, @Syoung17? Just leaving the scene of an accident?

Hit and run they said. First the cop just said points on his record. But the city is bringing him to court not the woman. @bkcunningham

Oh, sorry, I keep thinking leaving the scene of an accident. Hit and run. That is way more serious. Can he afford an attorney? He will be asked that in court. If not, the court will appoint an attorney to represent him and continue the case. I’d take that route if I were in his shoes.

The police need to determine what happened at the scene of the accident. Regardless of who was at fault, though, the should have stopped and exchanged information. ‘Fault’ is up to the police and the insurance companies, NOT what your boyfriend says happened NOR what the other woman says happened. Because he didn’t stop, the woman can now make up what ever she wants and it complicated and muddies the whole situation.

No matter how minor the damage to his own vehicle, you can never expect the other driver to be reasonable. It is naive.

It is a lesson to be learned. I hope the truth of the matter comes out and supports your boyfriend´s account of it. The damage done to the cars should prove who was at fault. The person who does the rear ending is the one at fault. Your boyfriend was not backing up at the time, I hope, because that would be his error then.

The only damage was a tiny ding on his bumper with her paint from her car. And i know the need to decide who was at fault but i doubt they will. In my personal opinion this is all abput money.

Of course it’s all about money. What else would she be after? What about the damage to her car? She’ll probably claim all sorts of damage to her car too and that it was your boyfriend’s fault. Find an attorney and see if he can counter-claim that she also left the scene, but at the time, he thought the damage so minor to his vehicle, he decided not to pursue it.

This is all if she shows up. She drove a nicer red car so i doubt there is any damage to hers. Ha

In my state, reporting minor traffic incidents is at the discretion of both drivers. If your boyfriend stopped and then waved on the other driver and both left the scene, this is not a “hit-and-run”. In my area, this would be within the law.

Also, what @cazzie said is true in most states. The person behind is almost always held responsible for causing an accident. It’s that driver’s responsibility to watch out for what’s in front of her and to leave room for slowing/stopping. The only time I’ve seen the person who was rear-ended end up responsible was when that guy was playing games in traffic and deliberately braking to cause trouble for drivers behind him.

Your boyfriend needs to get a copy of the police report the other driver made against him to see what her story is. He needs to photograph the damage to his bumper and draw a picture of exactly what he can remember about where both vehicles were at the time of impact. He should also report this to his insurance now. His insurer doesn’t want to find out about this from the other driver or the police. They will probably advise him on how to proceed too, since they don’t want to pay for an accident that wasn’t his fault.

At any rate, depending on what the other driver is claiming, your boyfriend should not need a lawyer for traffic court.

@Blueroses thank you that was helpful.l

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