I am accused of hit and run

Asked over 1 year ago - 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.

Additional information

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. Malosack Berjis

    Contributor Level 20

    14

    Lawyers agree

    Answered . 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.

  2. David B Pittman

    Pro

    Contributor Level 20

    13

    Lawyers agree

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

  3. Michael Shemtoub

    Contributor Level 17

    9

    Lawyers agree

    Answered . 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-... more
  4. Karren Melinda Kenney

    Pro

    Contributor Level 13

    9

    Lawyers agree

    Answered . 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

  5. Stephen A. Gustitis

    Contributor Level 13

    10

    Lawyers agree

    Answered . 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.

  6. Albert Lee Crosner

    Contributor Level 19

    8

    Lawyers agree

    Answered . 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... more
  7. Jeffrey Ira Schwimmer

    Contributor Level 19

    9

    Lawyers agree

    Answered . 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.

  8. Maltaise E Cini

    Contributor Level 17

    7

    Lawyers agree

    Answered . 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.

  9. Neil James Fraser

    Contributor Level 15

    6

    Lawyers agree

    Answered . 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.

  10. Richard Andrew Harting

    Pro

    Contributor Level 18

    6

    Lawyers agree

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

  11. Curtis Lamar Harrington Jr

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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... more
  12. Brian K Wanerman

    Contributor Level 18

    6

    Lawyers agree

    Answered . 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!

  13. Kevin Coluccio

    Contributor Level 20

    6

    Lawyers agree

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

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