Skip to main content

Guy was not cited for pinning my 16 yr.old daughter (pedestrian) between his truck an the car in front while stopped at redlight

New Smyrna Beach, FL |

this guy pinned my daughter, got out of his truck pressuring her to answer if she was ok, got back in his truck and left the scene after being told by the adult that was with her and the people from the other car to stay and give information and that the police were being called. The other driver went after him to get his tag # and gave it to the police. The police went to his house but did not cite him for anything untill I complained to the city manager. They gave him a ticket for failure to give information, I complained again and they gave him a ticket for careless driving but they will not give him a ticket for leaving the scene. How is this possible when he was told to stay but chose not to. They say it is because her injuries were not apparent (she was unable to place weight on it)

+ Read More

Attorney answers 4

Best Answer
Posted

How do the police recommend that criminal charges be filed against someone?
A. Criminal cases go through a screening process before a defendant faces charges in court. This is a two-step process that begins with the police inquiry. The investigating officer (or another officer superior to the arresting officer) will review the arrest report. That officer will determine whether there is enough evidence to recommend filing charges against the arrested person. If the officer decides not to recommend filing charges, then the police will release the arrested person from jail.
If the officer decides to recommend that a charge be filed, a prosecutor (usually from the prosecuting or district attorney's office) will review the officer's recommendation. Based on the arrest report and any follow-up investigation, the prosecutor's office will decide whether to file charges and what criminal offenses to allege. These allegations will appear in a complaint (affidavit or information) filed in the court clerk's office.
Who Exercises Discretion
These criminal justice officials must often decide whether or not or how to:
Police
• Enforce specific laws
• Investigate specific crimes
• Search people, areas, buildings
• Arrest or detain peopleHow do the police investigate crimes?. When the police receive a report of a crime (such as a home burglary in progress), they send investigating officers to the scene as soon as they can. If the officers arrest a suspect, they will transport that person to the police station for booking. The officer will write an arrest report, detailing when and why the officer went to the scene, along with any observations, and why the officer arrested the suspect. The officer also will fill out a property report, detailing what items (for example, drugs or cash) the police found on the suspect during booking. The officer also will list any items of evidence found at the scene, such as tools the suspect might have used to gain access to the home.
If the crime is complex or serious, the police then assign an investigating officer (usually a detective) to the case. That officer will make a return visit to the crime scene, look for more evidence, and interview any other witnesses. If the police have not arrested anyone, the detective will analyze the evidence and try to narrow down the list of suspects. The detective will question suspects and sometimes will obtain a confession.

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Asker

Posted

What I don't understand is how they can take the words of a scared 16 year old, and twist them around. Believe the driver of the truck and not the 33 year old adult that was with my daughter.

Posted

Please make sure your daughter gets immediate and competent medical attention immediately. Afterwards, please call a personal injury attorney to discuss your options. Please visit my website to learn about my firms practice. In addition, if you should need assistance please reach out to me anytime. I hope she feels better soon.

Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Shiner is licensed to practice law in the State and Federal Courts of Florida. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time lines that, if known, could significantly change the reply and make it unsuitable. Mr. Shiner strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. To learn more about David I. Shiner or the Shiner Law Group, P.A. please call our office at (561) 368-3363 or toll free at 1 (855) 368-3363 or visit website at www.ShinerLawGroup.com or www.InCourt.com

Asker

Posted

She has seen an orthopedic and had n MRI. We are waiting for the results. Thank you so much for your help.

Posted

Hire a local personal injury lawyer immediately!

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Posted

You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

The tickets issued to the adverse driver should be of less concern than seeing to it that your daughter is appropriately treated medically and that the adverse party compensates her for her injuries. The tickets are generally not admissible against the adverse driver should you bring a personal injury claim on your daughter's behalf. Speak with an attorney ASAP.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within 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. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

Asker

Posted

She has seen an orthopedic and had an MRI, we are now waiting on the result. The ticket issue is only because this guy started out trying to intimidate my daughter by moving his truck forward from a dead stop, stopped again then started rolling again pinning her. The adult that was with her looked right at the guy and he was looking at my daughter and laughing. So because of his blatant lack of decency, I do want to see him get anything and everything. And then to leave the scene after being told to stay and telling the police he didn't know he had to stay and that he didn't know that she was hurt. This guy shouldn't even have a license. He is 20 with 6 citations and a lawsuit for auto negligence.

Lars A. Lundeen

Lars A. Lundeen

Posted

Since you were not present at the scene, you should be a bit circumspect in how you describe this person's actions. If the insurance company decides that his actions were deliberate, there will be no accidental liability insurance coverage to protect your daughter. Insurance companies do not insure deliberate acts.

Asker

Posted

I don't think he pinned her on purpose, I think he was messing around and it got out of control. I can't imagine anyone doing this deliberately to anyone especially someone they don't know. Anyway I am giving up my fight to try to get him cited for leaving the scene with injuries since I have hit a brick wall with the police. If he one day severely hurts or kills someone I will at least know in my heart that I did what I could to get this guy of the road but I don't think that the two tickets that he finally got for this along with his other citations will be enough to cause him to lose his license.