My fiancé was in an accident this morning. He was driving his brother home and hit a parked car his car was totaled and wouldn't turn on so he fled the scene leaving his car there. He says he had a few beers throughout the night but wasn’t drunk because he knew he was going to be the driver. Regardless he has a CDL and was scared of getting a DUI. His car is a small older car and the brakes are not the best and says he lost control of the car plus it was 3 am and he was tired. I have recent texts from two weeks ago of us discussing getting new brakes once he settled into the new job. He has a CDL and is starting a new job Monday we don't know what to do as we have never been in a situation like this. I read online that it’s best to get a lawyer so here we are looking for some guidance on what to do next. Do we go to the police and just tell them the truth what consequences are we going to be facing. He is 25 with no priors. This is a nightmare
Your boyfriend should retain an Atty to represent him BEFORE he does anything else. He should NOT talk to the police without his lawyer present. He should NOT make any statements to anyone other than an Atty. What he says & does from this second forward will have a long term effect on him, his CDL and his future. He should start his search now. There are many fine lawyers on Avvo and you can check out their profiles and read their reviews. Many will provide a “no cost” consultation. Select the one that concentrates in this area of the law and has vast experience in successfully defending DUI’s. DO NOT TALK TO THE POLICE BEFORE YOU SPEAK TO AN ATTORNEY! Good Luck!
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I agree with Me Novak. Your fiancé could be charged with leaving the scene of an accident plus other moving violations which could cost him his CDL. He needs to retain an attorney before speaking to the police.
Leaving the scene is a CDL disqualifier even if it’s property damage only and even if he gets supervision. Bad brakes etc are not a defense to his taking off. The law is there for situations such as his where it appears he may have been trying to avoid a DUI
Do not under any circumstances talk to the police. They are not your friends and “they don’t just want to get a little information”. They want to gather evidence against him.
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