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I am accused of hit and run

Long Beach, CA |

my 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 was the driver of the car, my son was driving and i was in the front passenger seat. i dont know what to do. if i accept the ticket, it will be easy for them because they want to move on my son told the sheriffs that he really was driving the car, but they would not believe him and said they were not going to change their report.. if i dont agree to the citation they will not release the car to me, and will arrest my son.

Attorney Answers 13

  1. Was your son DUI while you were in the car? Were you aware of this? Regardless you need to seek immediate representation from a qualified local attorney.

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at www. I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

  2. First of all, I don't see a question in your post. Secondly, you should consult with a criminal defense attorney as soon as possible.

  3. Please hire a criminal lawyer for help with this. Do not make any statements until you speak with a good lawyer. Good luck

  4. 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.

  5. As stated by the above attorneys, contact a Criminal Defense lawyer right away. You may be able to get a free consultation if requested. Good luck.

    The above 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. I am not your attorney until retained by a written retainer agreement signed by both of us. I have been licensed to practice law in California since 1978. See also terms and conditions item 9, incorporated as if it was reprinted here.

  6. Follow the advice of the other responders and consult with a criminal defense attorney immediately. Given the nature of your incident, STOP posting any more information on this site, which is open to public view.

  7. 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.

  8. Accept the citation and get your car back. The cops are not going to change their minds. However they are not the finders of fact. Your remedy lies in court.

  9. You need to hire a criminal defense attorney NOW. You may contact our office for some referrals at 562-981-1010

  10. It is imperative that you contact a criminal defense lawyer as soon as possible.

  11. Before you speak with them again you should hire an attorney to represent you. Allow your attorney to be your spokesperson with the sheriff's department. You do not want to be making any more statements to them.

  12. You said "they will not release the car to me"
    Given what is at stake, the car is just a hunk of metal.
    Hire a criminal defense attorney without further delay.

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

  13. If you were not driving, you cannot be convicted of hit-and-run. Stop listening to the police and certainly stop talking to them. Respond to all questions by saying that you refuse to answer without your attorney present. Get an attorney NOW!