Hit and Run!

wstar · 05-03-2009, 01:35 PM

Quote:

Originally Posted by FlashBazbo

This is going to be a very unpopular post.

I don't know your local laws but, in most states, he complied with the law. He stopped to check on you. If there were no injuries and no car damage, he was entitled to leave. End of story. (The child seat thing is a violation, but that's not your deal.) He is fully entitled to protect himself by avoiding a confrontation with an uninjured, "seriously pissed" driver whose car isn't damaged.

On the other hand, giving chase and trying to run a guy off the road? I would drop this thing. If the police really do get involved (which I doubt), you'll be the one paying the larger penalty. In most states, you committed at least one misdemeanor and one low-level felony with a dangerous weapon. (Yes, a car is considered a dangerous weapon at law.) At the end of the day, he won't get ticketed for anything (no witnesses but you to the child seat violation) and you'll end up arrested or with a hefty fine or both.

I'm very glad for you that nobody was injured and there was no damage to your car.

(Did I mention that I figured this wouldn't be a popular post?)

I agree with your general sentiment regarding the inappropriate-ness of the Z driver's response, but I doubt the Impala driver had any way of knowing there was no damage. For that matter, even the Z driver probably doesn't know for sure. Sometimes damage isn't obvious at first. He should pull his bumper off and look underneath to be sure. Running off instead of exchanging DL and Insurance info is a definite no-no. Around here it's common and considered acceptable to not involve the police if both parties agree to settling things between themselves after exchanging valid information, but what the Impala driver did clear qualifies as fleeing the scene of an accident, not to mention the Harbor officer could easily press for vehicular assault on an officer (actually in some states, any assault (threat/attempt) on an officer is automatically upgraded to assault+battery if the officer was in uniform or otherwise clearly identifiable, which gets you into serious felony territory).

The story sounds fishy to me in this regard. After the near-miss on the officer, I would have expected a pretty heavy police response, probably resulting in the driver being pinned down by the several police cars that are usually in the vicinity of any airport these days, which he would have alerted by radio.

frost · 05-03-2009, 01:39 PM

I got tapped in my old volkswagen. Guy stopped, but I let him go as there wasn't any damage. turns out later there was about $400 worth of damage under the bumper cover fwiw.

takimbe · 05-03-2009, 02:02 PM

I agree with all of you guys. definitely shouldnt have tried to run him off the road. what i was doing was matching his speed, keeping him between me and the center divide, so he couldnt make lance changes or exits. guess it was a heat of the moment thing, new car and all. definitely wont do that again. Also, he stopped, but didnt look at the damage. he just waited till i got out of my car, then pretended to get his insurance and drove off.

Just an update, Harbor police called me around 1 am last night to get a witness statement from me. We called 911 last night and the San Diego PD transferred the case over to Harbor Police about an hour later, who had already started a report because the harbor police officer who almost got hit radioed it in and they needed more information from me. They thanked me for getting the license plate number, make and model, and suspect description, but told me I should have stayed on scene to file a report with the police officer instead of giving chase; but if i hadnt given chase, we never would have gotten the license plate number, so it was a damned if you do, damned if you dont moment.

They told me regardless whether or not I decided to file charges, they were already planning to charge him with a hit and run and attempted assault with a deadly weapon for the close call with their officer.

I removed the front fascia and there was no damage whatsoever. I wiped off the paint from his car and my baby is still in good health

Minicobra1 · 05-03-2009, 02:13 PM

I've heard of situations like this where someone gave chase. The guy being chased runs into another vehicle, fatally injuring the other driver. The way the law works, both the chaser and the chasee get sent to prison for reckless endangerment and manslaughter. In this type of situation it is always best to try to get the license number of the other person if you can do so in a safe manner, and let the authorities handle it from there, otherwise you could end up looking like the bad guy.

There was a situation recently here in La Habra, Ca. where a guy was on foot, running from the police. An officer was responding to the call in his car to give back-up and wasn't even in the chase yet. He crased into a mini-van killing both the husband and wife. Guess who got charged with the murders? Yep, the kid that was being chased on foot. I don't know what the outcome was, and not sure if I totally agree with the charge in this particular case, but that is how the law works. Be careful out there, and use good judgment, I know it would piss me off too, but like Semtex said, it's just a car, not worth going to prison over or hurting someone.

takimbe · 05-03-2009, 02:21 PM

sorry going off topic, but Minicobra, where did you get your 15mm spacers from?

I agree with all your statements, I came to my senses when I saw that kid in the car. I didnt want to risk the kids safety, or my passenger's safety, so i backed off.

I agree bad things definitely would have happened if it had continued, given the way the guy was driving, despite having a child in the car. definitely a lesson learned here, although hopefully ill never have to worry about it happening again *knocks on wood*

DIGItonium · 05-03-2009, 02:51 PM

I knew someone who was involved with a fender bender where the other driver was at fault. He let the person slide. A few weeks later he was hit with a lawsuit, and he had to pay for the damages.

Minicobra1 · 05-03-2009, 03:01 PM

Quote:

Originally Posted by takimbe

sorry going off topic, but Minicobra, where did you get your 15mm spacers from?

PM sent

takimbe · 05-03-2009, 03:18 PM

Quote:

Originally Posted by DIGItonium

I knew someone who was involved with a fender bender where the other driver was at fault. He let the person slide. A few weeks later he was hit with a lawsuit, and he had to pay for the damages.

Somehow im not worried about that

he may have a lawyer, I have a team, and they represent me for free. College best friends and former fraternity brothers ftw!

FlashBazbo · 05-03-2009, 03:23 PM

Quote:

Originally Posted by takimbe

I They told me regardless whether or not I decided to file charges, they were already planning to charge him with a hit and run and attempted assault with a deadly weapon for the close call with their officer.

Did they REALLY tell you this? If they did, somebody was playing you. (Or are you a police officer / Internet troll trying to play the overzealous Z fans on this forum?)

1. Where there is no serious bodily injury or death, there is no offense of "hit and run." No such crime.

2. There is no such thing as an "attempted assault." (Ask anyone who has ever been a rookie police officer. "Attempted assault" is the punchline of a practical joke veteran officers like to pull on rookies. Serving a warrant for "attempted assault" is like sending the rookie mechanic on an errand to buy "muffler bearings" or "camouflage paint.")

If they really told you this stuff, they were having a good time at your expense.

Diversion · 05-03-2009, 03:34 PM

I would have left out the "trying to run him off the road" bit - less criticizing, more helpful posts would have came about

I'd have probably chased him down to get his tag but that'd be the end of it.

takimbe · 05-03-2009, 03:50 PM

Things might be different in Tennessee, but according to California law, it is a hit and run misdemeanor if a driver fails to stop and exchange information after an accident, whether its bodily injury or just property damage.

see here:

(a) The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault.

(c) Any person failing to comply with all the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

wstar · 05-03-2009, 03:56 PM

Quote:

Originally Posted by FlashBazbo

2. There is no such thing as an "attempted assault." (Ask anyone who has ever been a rookie police officer. "Attempted assault" is the punchline of a practical joke veteran officers like to pull on rookies. Serving a warrant for "attempted assault" is like sending the rookie mechanic on an errand to buy "muffler bearings" or "camouflage paint.")

Right, there's no such thing as attempted assault, because by legal definition assault is attempted battery. In other words, threatening to kill someone, or say taking a swing at someone with a baseball bat but missing (even intentionally) is already full-on assault. And as I referred to above, around here (may vary by state) even simple assault on a police officer is automatically upgraded to battery even if you don't succeed in harming the officer.

dad · 05-03-2009, 04:01 PM

Quote:

Originally Posted by FlashBazbo

1. Where there is no serious bodily injury or death, there is no offense of "hit and run." No such crime.

Your wrong!
There "does not" have to be an injury, or death!
If you leave the scene, even in a "very minor fender bender", "with out exchanging information(names,addresses,insurance)". You are guilty of "hit and run"!

Forrest · 05-03-2009, 04:33 PM

If this guy ran over YOU, or your CHILD. Do you think he would have stopped or kept going to try to avoid you.

If this is what the guy does over a fender bender you can only imagine what happens if he does something more serious.

I would have given takimbe +rep for P.I.T

takimbe · 05-03-2009, 04:53 PM

Quote:

Originally Posted by Forrest

If this guy ran over YOU, or your CHILD. Do you think he would have stopped or kept going to try to avoid you.

If this is what the guy does over a fender bender you can only imagine what happens if he does something more serious.

I would have given takimbe +rep for P.I.T

P.I.T? i may be out of the loop. what does that mean?

05-03-2009, 02:02 PM	#18 (permalink)
takimbe Base Member Join Date: Feb 2009 Location: San Diego, CA Posts: 223 Drives: 09' PG 370Z w/SP Rep Power: 264	I agree with all of you guys. definitely shouldnt have tried to run him off the road. what i was doing was matching his speed, keeping him between me and the center divide, so he couldnt make lance changes or exits. guess it was a heat of the moment thing, new car and all. definitely wont do that again. Also, he stopped, but didnt look at the damage. he just waited till i got out of my car, then pretended to get his insurance and drove off. Just an update, Harbor police called me around 1 am last night to get a witness statement from me. We called 911 last night and the San Diego PD transferred the case over to Harbor Police about an hour later, who had already started a report because the harbor police officer who almost got hit radioed it in and they needed more information from me. They thanked me for getting the license plate number, make and model, and suspect description, but told me I should have stayed on scene to file a report with the police officer instead of giving chase; but if i hadnt given chase, we never would have gotten the license plate number, so it was a damned if you do, damned if you dont moment. They told me regardless whether or not I decided to file charges, they were already planning to charge him with a hit and run and attempted assault with a deadly weapon for the close call with their officer. I removed the front fascia and there was no damage whatsoever. I wiped off the paint from his car and my baby is still in good health Last edited by takimbe; 05-03-2009 at 02:04 PM.

05-03-2009, 02:13 PM	#19 (permalink)
Minicobra1 A True Z Fanatic Join Date: Nov 2008 Location: Orange County, CA. Posts: 1,205 Drives: 370Z Tour, Spt, 6mt Rep Power: 644	I've heard of situations like this where someone gave chase. The guy being chased runs into another vehicle, fatally injuring the other driver. The way the law works, both the chaser and the chasee get sent to prison for reckless endangerment and manslaughter. In this type of situation it is always best to try to get the license number of the other person if you can do so in a safe manner, and let the authorities handle it from there, otherwise you could end up looking like the bad guy. There was a situation recently here in La Habra, Ca. where a guy was on foot, running from the police. An officer was responding to the call in his car to give back-up and wasn't even in the chase yet. He crased into a mini-van killing both the husband and wife. Guess who got charged with the murders? Yep, the kid that was being chased on foot. I don't know what the outcome was, and not sure if I totally agree with the charge in this particular case, but that is how the law works. Be careful out there, and use good judgment, I know it would piss me off too, but like Semtex said, it's just a car, not worth going to prison over or hurting someone. __________________ 370z Tour\| Spt Pack\|Navi\|BERK CBE\|Berk HFC's\| Eibach Springs\| Hotchkis Sway Bars\|SPC Camber Arms\|15mm Ichiba Wheel Spacers\| 19"Factory Nismo Wheels-Matt Black\|Stop Tech Rotors\|TWM Shifter\|3M Tint\|Black Fangs\|Black Rear Valance\|JDM Fog Light\| MY BAND-www.myspace.com/petroleum

05-03-2009, 02:51 PM	#21 (permalink)
DIGItonium A True Z Fanatic Join Date: Jan 2009 Location: Kansas Posts: 3,800 Drives: 09 Z34-TT 6MT Rep Power: 42	I knew someone who was involved with a fender bender where the other driver was at fault. He let the person slide. A few weeks later he was hit with a lawsuit, and he had to pay for the damages. __________________

05-03-2009, 01:39 PM	#17 (permalink)
frost Retired admin Join Date: Dec 2008 Location: Winterfell Posts: 106,613 Drives: Your Wife Crazy Rep Power: 0	I got tapped in my old volkswagen. Guy stopped, but I let him go as there wasn't any damage. turns out later there was about $400 worth of damage under the bumper cover fwiw.

05-03-2009, 02:21 PM	#20 (permalink)
takimbe Base Member Join Date: Feb 2009 Location: San Diego, CA Posts: 223 Drives: 09' PG 370Z w/SP Rep Power: 264	sorry going off topic, but Minicobra, where did you get your 15mm spacers from? I agree with all your statements, I came to my senses when I saw that kid in the car. I didnt want to risk the kids safety, or my passenger's safety, so i backed off. I agree bad things definitely would have happened if it had continued, given the way the guy was driving, despite having a child in the car. definitely a lesson learned here, although hopefully ill never have to worry about it happening again knocks on wood

05-03-2009, 03:34 PM	#25 (permalink)
Diversion Enthusiast Member Join Date: Apr 2009 Location: Jacksonville, Florida Posts: 393 Drives: 09 370Z Silver/Persi Rep Power: 284	I would have left out the "trying to run him off the road" bit - less criticizing, more helpful posts would have came about I'd have probably chased him down to get his tag but that'd be the end of it.

05-03-2009, 03:50 PM	#26 (permalink)
takimbe Base Member Join Date: Feb 2009 Location: San Diego, CA Posts: 223 Drives: 09' PG 370Z w/SP Rep Power: 264	Things might be different in Tennessee, but according to California law, it is a hit and run misdemeanor if a driver fails to stop and exchange information after an accident, whether its bodily injury or just property damage. see here: (a) The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault. (c) Any person failing to comply with all the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

05-03-2009, 04:33 PM	#29 (permalink)
Forrest Track Member Join Date: Mar 2009 Location: california 707! Posts: 677 Drives: 09 370z Blk 6mt sprt Rep Power: 258	If this guy ran over YOU, or your CHILD. Do you think he would have stopped or kept going to try to avoid you. If this is what the guy does over a fender bender you can only imagine what happens if he does something more serious. I would have given takimbe +rep for P.I.T