在加州、如果酒駕和車禍後逃亡同時發生、警察通常會錯誤的判斷是酒駕者的錯(就算是酒駕者被撞)。撞車逃亡也會給檢察官更多的理由起訴重罪酒駕、或要求更嚴重的認罪/和解條件。不管怎麼樣、檢察官會在罪名成立後要求您或您的保險公司賠償對方的損失。當面對撞車逃亡和酒駕的起訴、您得靠律師來證明 1)您沒有酒駕;2)就算有酒駕、車禍不是您的錯或是您被撞;3)就算車禍有錯、您沒有逃亡(因為其實有交換保險資料、或車禍太輕微使您根本沒感覺到…etc).
Did you know that a Hit and Run is a Hit and Run only when the state can prove who was driving the vehicle? Which is why it is paramount that you contact a lawyer before falling into the trap of speaking to law enforcement after an alleged Hit and Run has occurred.
A lot of people have a misconception that if the police have your license plate, it’s game over and you might as well as start talking and do a bunch of stuff to incriminate yourself. The reality is, just having the license plate of a vehicle involved in a possible crime is almost never enough to convict anyone of anything. The fact is, many people could be driving a particular vehicle at any given time, especially in a place like Southern California. Proof beyond a reasonable doubt requires a lot more than just a hunch. So, unless someone starts talking (ie. you, your spouse, roommate, friend, family members…etc), the government may have no viable case against anyone.
Yes. Although no DMV Hearing is triggered, a conviction of Hit and Run will result in 2 points on your driving record, and that is on top of anything else (such as points for DUI).
Yes, especially if your Hit and Run occurred during a DUI, and you already have a prior for DUI, so are deemed to know the dangers of driving while intoxicated.
Yes. In fact, police officers often arrive at the scene of a Hit and Run, and arrest both drivers for DUI.
You should absolutely NOT respond to such a letter. You have the right to remain silent, and that means the right to NOT speak to investigators/cops. Remember, no matter what you say it will be twisted around and used against you later. In short, no benefit can be derived from responding. You should contact a lawyer ASAP if you have received such a letter or voice mail.