Person was drunk in hit and run. Cops found him, questioned him, he was not in his car at the time so they did not test for alcohol level. They let him go. What can he expect to happen at this point? Why did they let him go?They told him he was going to jail, he denied hitting anyone, but they let him go. Should he expect to be arrested at home or served court papers?
Hit and run victim was not in the car at the time of the accident. Car was parked.
Criminal Defense Attorney
Hit & Run-Unattended Vehicle is just a traffic ticket. If they didn't arrest him at the time and obtain a test of his breath or a sample of his blood, it would be difficult, but not impossible, to prosecute him for operating under the influence now. However, if they can put him behind the wheel for the hit & run, they can also charge him criminally with obstructing for lying about it.
He needs to stop talking about the incident, and I don't mean just with the police. I have seen cases where people smart enough not to talk to the police hang themselves by bragging to all of their friends how smart they were to "beat" a charge that later comes back to bite them by virtue of admissions made to third parties who do talk to the police.
He can either wait and see what happens, or pro-actively hire a defense lawyer pre-charging.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
10 lawyers agree
Personal Injury Lawyer
They may be putting together a case, and may charge the person later. The person should retain a local criminal lawyer to be ready.
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Personal Injury Lawyer
I agree with my colleagues and would recommend that the person contact and retain a local area criminal defense attorney to help out if he/she is charged.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
5 lawyers agree