Tuesday, December 6, 2011

Hit and Run Charge Please Help!?

I was driving home from school, I see a lady who doesn't move her Lexus GS350 and I wait for 6-9 seconds and I overtake her going under 10 mph. Then all of a sudden she made a left turn and she hit into me. I didn't really feel the accident, to me it felt like I drove over a small hole on the road. I have an anxiety disorder issue and I was scared to death I really did not know what to do at that moment. So I decide to drive home and check my car out later for any damanges. During then, I knew that there was no way that I could've hit her Lexus. So after 6 seconds later she chased me and I didn't realize why she was chasing me until I finally realize that their might've been an accident. So after that I enter another neighborhood to make a U-turn to come back home, but this lady was traveling way to close to me, almost bumper to bumper distance, we came near a sharp turn and my car started fishtailing. Then I was really scared and almost lost control and hit an oncoming car, but luckily I didn't and I finally pulled over, I then realized that I couldn't get home. Finally she called the cops as well as the firetruck and the ambulance, the lady did have some blood pressure issue, so did I (mine went up to 156/102). The cop only asked me two questions, If I was hurt or not and he asked me what happened. The problem was I wasn't able to explain because I was too scared at that moment. The cops talked to the lady for more than 12 minutes and for me only a minute and after that he gave me a misdemeanor charge for hit and run.After the accident, I did find out that she had to go to the emergency room because of her high blood pressure.








But after that incident 2 friends of mine who saw the accident said that I was right to overtake her because she looked as if she was trying to park her car near a house. They also saw that the car was very close to the curb. They said that I maintained enough distance while overtaking her and she REALLY did make a left turn. The problem is that she told the cops and my insurance company that I hit her and I ran away, I am schedule at court sometime in June and I am working on hiring an attorney. My insurance rates did go up because of this and nothing happened to her.








My main questions are:





1. Who would you say that is at fault?





2. If you were the judge what would you do?





3. Can you please suggest me something, some advice for this case or to aviod the consequences?








Sorry this is very long but I really need your help, any opinions are welcome. I am a good 18 year old student who has never gotten into trouble with the law except for this one. Thanks!!!|||Saying "it looked like she was going to park" is not going to get you far in court. Assuming she was going to do something is not a defense.





As far as the hit and run, traffic laws are "strict liability" this means they do not have to prove knowledge of the offense, they only need to prove the offense occurred.





You should ask the court if they offer any diversion programs such as traffic school or community service that can keep the charge off your record.|||You're at fault.





I can tell you that you're going to lose in court. Why you ask? Because if she has the money to buy a Lexus GS350, she'll have the money to pay the best available lawyer to get her out of anything.|||HIT AND RUN -- first w/out priors (no tickets or warrants) 1 to 2 years - w/ probation after 9 months. Very Very serious, even if all happened as you said - don't matter! You must stay and exchange Drivers License, name of Insurance companies. If your insurance has Bodily Injury or public liability - her medical bills covered - if not and you only have property damage - you can be sued for her medical expenses. Get the best attorney you can afford - this is going to cost at least 5 grand.|||Based on the details of your question, I think you STILL don't have any idea what actually happened. Half of your question is inconsistent with the other half.

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