I Used my Girlfriends truck and parked it up against the curb at a gas station. when I came out 2 min later the truck had rolled away 20ft "rocking 3in stop 3in stop etc" slowly into a vehicle. it scratched the hood. I left the scene and went to her house.
15 min later the police called her about a hit and run. immediately the cop says it's over $1,000 damages "ordinance states if under $1,000 no police report is Ness." it's been 2 months and the victim never filed a claim to insurance. I never received a citation either.
this all was on 11/6/19 on 12/20/19 I receive a letter saying I missed court on 12/18/19 therefore plea no contest and owe $189 for hit and run.? I appealed the court to 're-open the case. isn't there a due process on giving/receiving a citation?
If you never received the citation, you should be able to have it reopened, but factually, it does sound like a hit and run. If the damage was over a $1000 you could have also received a citation for failure to notify police of a reportable accident.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
If the information that you have on file with the DMV shows an address where you no longer get your mail, and the citation was mailed to that address, the law presumes that you have received that citation. You have a duty to keep your address with the DMV up to date. You should be able to reopen the case based upon the facts that you stated.
This communication is for the purposes of general advice only. This communication does not form any contractual obligation on behalf of Attorney Stephen W. Sawyer or the Law Offices of Stephen W. Sawyer.
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