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Q about 21yo son charged in hit and run Florida

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dunno1

Junior Member
What is the name of your state? FL, Tampa, Hillsborough county

My son is 21 y/o lliving at home and recently had the misfortune of hitting another car and stupidly fleeing the scene. His license was recorded as suspended (due to unpaid speeding ticket, Pasco), but he has proof that he had taken care of that earlier this year.

The greatest misfortune, other than his poor decision making, is that the driver of the car was a the mother of an off-duty county sherriff's deputy who was following her son somewhere.

The traffic deputy arrived at our home looking for our son that night and said that our son was respsonsible for a hit and run with injuries and that the driver of the car had followed our son to a parking lot and written down his license number. (my first response: Injured and could drive? -immediately suspecting someone looking for a ready pay-out due to the offense) The deputy assured me she had declined EMS and that it was no doubt a protective complaint, no doubt fed by the indignation of being a victim of a hit and run.

He tried stopping by her house on Sunday to apologize (her address is on the citation), but she was not home. He left a hand-written note describing himself as the "idiot" to hit her and asking her to please call him.

Son reported to us that he had hoped there was no damage and thought the impact was slight enough that no one had noticed and that he hoped perhaps he had glanced off a highway abutment rather than another car (going through a toll booth on Veterans). He said he left because he panicked. In other accidents in the past, he has always remained at the scene, panicked, but responsible.

Another reason he left is that he has recently gotten the dream job of a 21y/o and hoped to escape the consequences - not wanting to lose the job.

On Monday, the victim had declined injury claims with the insurance company, on Tuesday, she filed injury claims to the insurance co: stiffness and soreness.

Side note: He is diagnosed and medicated as bi-polar manic-depressive.

Originally, when he went to the clerk of court to set the court date the Tuesday following the Saturday night of the accient, the charges were misdemeaner, inclding the hit and run citation. On Thursday, we recieved a letter from the insurance company that the complaintant had filed injury claims, that the insurance company would do their best to settle, but as owners of the car my son was driving, we might be subject to further lawsuits from the complainant. Friday, he recieved a letter saying his court date is cancelled and now the charge is felony and he must reset the court date.

I don't get it.

Please tell us what we should do? Is this something where he can go to court and plead with the judge himself?

We are in a bind - we are in the middle of selling our home in New Tampa (no equity, possible short sale, poor market), I am not employed and we are practically out of savings. We are in the middle of a planned move out of state.

My son will have no money if he loses his license and cannot work.
 


ecmst12

Senior Member
The laws are changing in florida and I can't keep track. I think you went back to being a no-fault state, meaning her insurance will pay her medical bills, and she will have to prove permanent disability before she can get anything for pain and suffering. How much coverage does he have on his insurance?

If he's being charged with a felony, he'd better get himself a lawyer. Fleeing the scene was really stupid - accidents are normally not criminal offenses, he wouldn't have been charged with ANYTHING if he'd stayed, just turn over insurance information and maybe get a traffic ticket (non criminal offense).
 

dunno1

Junior Member
I'll agree- very stupid kid

Thanks so much for the reply. I had hoped for, but never truly expected help on a Sunday!

Florida will not be a "no fault" state again until some time in January, I think.

Oh, did I mention that her son is a County Deputy? There's a part of me that sincerely suspects he is coaching her. She lives in a run-down, cheap apartment complex. How do I best help him mitigate the consequences and protect myself (as owner of the car)? Could I ask to speak to the judge privately on the day of court, before the case and explain my son's mental condition? (I once did this for my mother when she lived with me regarding a speeding ticket - she got ticketed and a suspended license due to non payment while she was on a manic bend. The judge took sympathy and told her he would release her with minimal court costs as long as she obeyed the rules of the house and followed her daughter's advice.)

Is there a special kind of attorney to look for? Do I look for a criminal defense or try one of the "personal injury" types? (wouldn't they know a lot about that - from the other side?

In general, what kind of expenses are incurred? Is is by the hour? Are there specific actions I should expect the attorney to take? What kind of questions should I ask and what kind of responses am I looking for to determine if it is the right person for the job?

Thanks so much. I am very grateful for the help and guidance.
 

las365

Senior Member
Oh, did I mention that her son is a County Deputy?
Yes, you did, twice now. It sure is lucky that she had someone to turn to who knew the ropes after your son hit her car and took off.

She lives in a run-down, cheap apartment complex.
What does this have to do with your son hitting her car and fleeing the scene?

In other accidents in the past, he has always remained at the scene, panicked, but responsible.
How many accidents has he caused?

Could I ask to speak to the judge privately on the day of court, before the case and explain my son's mental condition?
If your son's illness renders him unfit to drive, then he should get his license suspended and his car taken away, not a free pass for a hit and run.

He's an adult and should get a criminal attorney himself and frankly, should be here asking his own questions.
 

dunno1

Junior Member
wow, las, that hit home. Here I am, trying to handle everything for everybody.

What are you suggesting? I abandon my son? Hang him out to dry? Tell him to figure it out on his own? Tell him, "Y'know? I know you've got TONS of life experience to help you out so , SEE YA"? Let his poor decisions and panicky reaction to take him down and me down with him as he struggles to figure out the right thing to do?

What would you tell your son? "F- you and the rest of your life - you did it."? I just can't do that.

Regarding this comment:
If your son's illness renders him unfit to drive, then he should get his license suspended and his car taken away, not a free pass for a hit and run.
I was suggesting that the condition might make him unfit for making emergency decisions well, since he can clearly over-react (major panic). Heck, there people without that particular malady just as prone to poor decision making in an emergency!

I am not trying to minimal-ize the responsibility for what he did. I told him myself that if it had been me that had been hit, at that moment I'd be running up as many additional charges as I could think of, just out of indignation alone, let alone actual collateral damages and possible injuries. I told him I would've felt violated.

My suspicions regarding the woman's reactions are from overhearing, again and again, when some people hear that someone's been in an accident, they egg on the other to try to hit a "pay-day". I've heard them. I am also suspicious someone with an insider's angle would know exactly how to exact not only the max monetary revenge, but also punitive. I've also witnessed how law enforcement officers have an instinct for wrangling the system.

I have never encouraged my son to do anything other than own up to his responsibility and to emphasize his regret for having fled, for having damaged her car and should she have any injury. I carry 100,300,50 insurance with a very reputable company for that very reason. Now I am looking at my premiums increasing, too.

I just wish I'd had already moved the car to his name and had him insure it, just to limit the "blank check" approach some of the people in Florida take. I've heard Florida has more lawyers than doctors. The TV is rife with "Personal Injury? Call....."

Yeah, by the way, I am bitter. I worked in car dealerships for years. You know what's interesting? The people that are legitimate victims settle for replacement of their loss collateral and medical. The people who are legitimate jerks are the ones who go for lawsuits and additional damages due to "neck pain" and permanent "disablement". The other legitimate jerks are the people at fault who invariably start making up cover stories (seen that again and again, too.)

As for why I am here - I am a control freak. I know it and I admit it. I am always trying to fix things for everybody.

Strange for a "girl", isn't it?

Anyway, I want to help my son with good guidance, and that's why I'm here. I want to limit my own liability, too, so the better is his situation, the better is mine.
 
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las365

Senior Member
he hoped perhaps he had glanced off a highway abutment rather than another car...
Could I ask to speak to the judge privately on the day of court, before the case and explain my son's mental condition?
I was suggesting that the condition might make him unfit for making emergency decisions well...
I told him myself that if it had been me that had been hit, at that moment I'd be running up as many additional charges as I could think of, just out of indignation alone, let alone actual collateral damages and possible injuries...
The people who are legitimate jerks are the ones who go for lawsuits and additional damages due to "neck pain" and permanent "disablement". The other legitimate jerks are at fault the people who invariably start making up cover stories (seen that again and again, too.)
Uh, okay. Do you have any idea how hypocritical this is?
 
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Grayson

Member
I'm going to go out on a limb here and say I doubt the Deputy Sheriff Son is eggin his mom on to press for more than is owed. He would have a lot to loose if it was found out to be true.

As far as the woman your son hit what do you both know about her? What is her age?Does she have any prior medical conditions where a minor bump could really hurt her? How fast was your son going when he ran into her?

If he has been responsible for various other accidents there is a good chance he could loose his license, and should. And you can say its his medical condition and this and that but if that is the case, as someone previously stated, then he shouldn't be driving. There are a ton of other people with the same medical issue and don't get into accidents or even receive infractions.

You may be a control freak and want to fix everything for everyone. But you cannot help your son by making excuses for him and putting down the woman he injured and ran the scene from. What if she was really seriously injured?

If it happened to you how would you feel?
 

dunno1

Junior Member
My son started his own research and is trying to find a lawyer. (yay)

The lawyer who specializes in DUIs and other traffic offenses says that a minimum $5000 retainer is required. Is that normal? Could an expert in an area really use up 30 hours of time on this type case?

Also, I found records of the statutes, and in order for the "fleeing the scene of an accident with an injury" one, the state must prove the fllee-er KNEW there were injuries to flee from.

Yes, it is reprehensible that he left the scene, but NO, he had no concept that there could possibly be injuries.

He will no doubt be found guilty of failure to provide information and failure to notify law enforcement of an accident.
 
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dunno1

Junior Member
I'm going to go out on a limb here and say I doubt the Deputy Sheriff Son is eggin his mom on to press for more than is owed. He would have a lot to loose if it was found out to be true.
-- I have a cousin who spent 15 years as a deputy - I am intimately familiar with the things they can and do do behind the scenes. They also have a remarkable propensity for "taking care of their own."

As far as the woman your son hit what do you both know about her? What is her age?Does she have any prior medical conditions where a minor bump could really hurt her? How fast was your son going when he ran into her?
You're right, her age and prior conditions might be a factor. But what's the likelihood of an existing condition exacebated by a minor bump that still allows her to drive (follow son's car) refuse EMS and not file an injury claim for 2 days? Oh, and they were slowing down for a change toll booth...

If he has been responsible for various other accidents there is a good chance he could loose his license, and should. And you can say its his medical condition and this and that but if that is the case, as someone previously stated, then he shouldn't be driving. There are a ton of other people with the same medical issue and don't get into accidents or even receive infractions.
Other accidents are the mishaps of inexperienced youth - that's why men under the age of 25 pay such high insurance rates, isn't it? As for the medical condition - he has no medical coverage until Jan 1 and cannot renew his very expensive but very effective medication and has dropped back to an unexpired med that is less expensive but not as effective. Ergo, he is prone to escalation in a panic to mania. IE: rash, poor decision-making.

You may be a control freak and want to fix everything for everyone. But you cannot help your son by making excuses for him and putting down the woman he injured and ran the scene from. What if she was really seriously injured?
I'm not putting her down, I am calculating the odds. Someone in a poor, run-down state of affairs is going to be far more tempted to execute a plan to "cash in." As for serious injuries, I'd be astounded, but very sympathetic.

If it happened to you how would you feel?
ah... well I've addressed that. I'd be very pissed off. I think she is too. And she SHOULD BE. My son did a very stupid, thoughtless thing. But not stupid enough, I think, that his life should be ruined with a felony charge. That charge is spurious and designed to damage beyond the actual (but still loathsome) actual offense. He deserves some discomfort and anxiety after leaving an accident, but not for anyone to heap on charges.

I dunno. It is possible that they are loading them on "just in case". Just in case the financially strapped Mom has future probs resulting from this accident and wants to make sure she's not left holding the bag. I can get that.

It just doesn't seem likely to me tho. I sense that it is bc the deputy knows that some of the charges will be lessened or dropped and they are laying the groundwork for a civil suit. If so, then they'll just have to get in line with all my other creditors - I lost my job 7 months ago and am hanging onto the house by the skin of my teeth. They can stake a claim on all that's left of nothing.
 
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ecmst12

Senior Member
I agree the felony charge is absurd and I don't understand why it was even filed. They don't need to "lay the groundwork" for a civil case - his liability is already indisputably 100%. But the police don't decide what charges to file, the DA makes that call.
 

dunno1

Junior Member
I agree the felony charge is absurd and I don't understand why it was even filed. They don't need to "lay the groundwork" for a civil case - his liability is already indisputably 100%. But the police don't decide what charges to file, the DA makes that call.
ECM, thanks so much for the reply. I don't know why I go into so much detail here - maybe just to vent.

Would you mind recommending a course of action for us?

Should he call the DA or go by personally to ask why? Or to request a change? The letter from the Traffic clerk just says, "Your citation number XXX has been transfered to felony, Felony court will notify you by mail of your court date"

I mean, with the one charge upgraded to "felony", does that mean he can be arrested? (there is no warrant so far, according to the sheriff's dept internet inquiry page)

Should he turn himself in to the Sheriff's dept, get booked and post bail and then await court?

Can he rely on a court-appointed representation? Is it worth $5000 or more to spend on an attorney, or is it likely the judge will be lenient?
 

ecmst12

Senior Member
If he can afford the $5000 attorney, I say go for it. I don't think the charge is something he will want to take chances on. Or call around and see if you can find one that wants a smaller retainer. Having never hired an attorney for anything like this, I have no idea what's standard practice, maybe someone else can comment. Once he's represented, ask all your questions of the lawyer.
 

dunno1

Junior Member
Neither he nor we can really afford $5000 up front. He makes adequate income to pay up to $500 each month and scrape by.

I was wondering if the lawyer would accept payment "as you go" and just quit any further representation if there are no more funds? Is there a way to approach an attorney with that sort of proposal?

Maybe if the atty could outline what's required and give a payment schedule or something. Like: letter to DA requesting....dadadada... $150
represent you in court $300


stuff like that?
 

dunno1

Junior Member
Neither he nor we can really afford $5000 up front. He makes adequate income to pay up to $500 each month and scrape by.

I was wondering if the lawyer would accept payment "as you go" and just quit any further representation if there are no more funds? Is there a way to approach an attorney with that sort of proposal?

Maybe if the atty could outline what's required and give a payment schedule or something. Like: letter to DA requesting....dadadada... $150
represent you in court $300


stuff like that?
 

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