Leaving the scene ticket issued in 1 vehicle accident

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Latest post 04-02-2009 11:57 PM by Daniele. 11 replies.
  • 03-12-2009 8:23 PM

    • Daniele
      Consumer
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    • Joined on 03-12-2009
    • AL
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    Leaving the scene ticket issued in 1 vehicle accident

    I was recently involved in an 1 vehicle accident that resulted in no physical or property damage to another and was issued a citation for leaving the scene. I live in Alabama and have been informed that if found guilty my license could be suspended for 6 months. I did leave the scene after the accident because I wasn't harmed and no one else was involved. I even called a wrecker myself. When the wrecker arrived the state trooper told him to call me and tell me that I needed to return or I would be arrested. I returned and he made the accident report, gave me a field sobriety test and the citation for leaving the scene. I did admit to having been drinking hours prior to the accident. I am currently waiting on my copy of the accident report to see if he stated that I had been intoxicated. I have looked at the statues and from what I can understand you should only be cited for leaving the scene if you cause physical or property damage to another.  Can I be found guilty even though I didn't actually violate the statute?

  • 03-13-2009 12:01 AM In reply to

    Re: Leaving the scene ticket issued in 1 vehicle accident

    What statute?

    How can you expect anybody to comment on a statute if you don't tell us what statute number you were cited for?

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 03-13-2009 10:25 AM In reply to

    • Daniele
      Consumer
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    • Joined on 03-12-2009
    • AL
    • Posts 3

    Re: Leaving the scene ticket issued in 1 vehicle accident

    The citation is for violating Alabama Title/Section 32-10-1

  • 03-13-2009 1:18 PM In reply to

    Re: Leaving the scene ticket issued in 1 vehicle accident

    Thanks.

    Accidents involving death or personal injuries.

    (a) The driver of any motor vehicle involved in an accident resulting in injury to or the death of any person, or in damage to a motor vehicle or other vehicle which is driven or attended by any person, shall immediately stop such vehicle at the scene of such accident or as close thereto as possible and shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 32-10-3. Every such stop shall be made without obstructing traffic more than is necessary.

    (b) The director shall revoke the driver's license of a person convicted under this section.

     

    The title might say death or personal injuries but there's an "or" in the text that results in the following:

    "The driver of any motor vehicle involved in an accident resulting in... damage to a motor vehicle or other vehicle which is driven or attended by any person"

    Since your vehicle was apparently damaged and needed a tow truck, and you are, of course "any person", I think that statute obligated you to remain at the scene.

    What I don't understand is why you left in the first place. You apparently left your car behind for the tow and the trooper showed up while the car was being hooked up? Where did you go and who took you there? Was it your intention to lie low till the alcohol wore off? Doesn't make sense not to stay with the car till the tow truck shows up and gets it.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 03-13-2009 4:23 PM In reply to

    Apply for a public defender . . .

    I'm in a different state.

    In my experience a single-vehicle leaving the scene without property damage to another person is normally cited because the state doesn't want to lose track of what might be a DUI.

    In my experience, a case like yours MIGHT be subject to reduction to a lesser charge, like failing to give info.  Each state has different laws, but in my state it's a reduction from a criminal misdemeanor to an infraction that is a non-moving violation.

    "Can I be found guilty even though I didn't actually violate the statute?"

    Absolutely, yes.  Criminal prosecutions aren't about reality.  Prosecutions are about the stories people tell in court.

  • 04-02-2009 11:57 PM In reply to

    • Daniele
      Consumer
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    • Joined on 03-12-2009
    • AL
    • Posts 3

    Re: Leaving the scene ticket issued in 1 vehicle accident

    Thank you for your time in posting replies. I did consult an attorney and am working with him to get this resolved. It has been an enlightening experience and one that I do not wish to go through again God willing!!  Lesson learned....

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