Asked 3 months ago - Long Beach, CA
Flagmy son was driving his car and i was a passanger. a hummer hit us on the driver side causing major damage. after the accident i exited the vehicle and told my son that i was very shaken by the accident. i began to walk and left the accident scene. my son told the sheriffs that i at was driving the car and not him. they put out a warrent against me for hit and run. we met with the sheriffs this morning. they told me that if i did not admit to driving the car, that they would not release the car to me, and arrest my son for d.u.i . they said they had a witness who says that he saw me drive the vehicle. the sheriff said if i accepted a citation for hit and run, that it is a misdomenor offense, and that i would have to appear at bellflower court. they would thenrelease thecar to me.
I wish you would've posted this before talking to the police. You need to consult with a criminal defense attorney in person. Don't post any more specifics on this site. I offer free 1 hour consult as do others on Avvo.
http://orangecounty.criminallaw.com
Most hit-and-run identifications are made because the driver admits they were driving. (i.e., they confess) The police must prove the identity of the driver beyond a reasonable doubt. The driver has the absolute right to remain silent and to invoke the right to counsel. Any driver in an alleged hit-and-run should remain absolutely silent and retain the services of a qualified criminal defense lawyer immediately.
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