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Crash w/ tree

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n777

Junior Member
What is the name of your state? CA

My relative called me in a panic last night at about 12:30ish. He had been drinking and coupled with serious long nights at work the past few weeks. He was at a near-by hotel and on his way home from the hotel, he got into an accident. He hit a tree and the car rolled over. I'm thinking he was porbably smashed. He called and did not know what to do. He maaged to get out of the car and had blood on his hands and no shoes on. He asked me what to do. I asked hi to see if anyone was there, and no one was there so I told him that he shoudl get to his hotel as quickly as possible, clean up and sober up. Hopefully no one will find you car.

He got to the hotel and was able to clean himself up. I asked him to sober up before he is to make any calls to police or anyone since ti was apparent he was still intoxicated. I asked him to go to sleep and handel it in the morning. At about 3/4 in the morning the police found the car and was able to locate him at the hospital. They came to check on him to find him asleep and when questioned he replied that he doesn't remebr what happened. He took a breathlzer and was found to be okay. They told him that they were going to write this up as an accident and thet he should check out his injuries. They had the paramedics come and take him for observation. There at the hospital they found he had his spine injured, leg had a deep cut and injuries on his hands.

My question is what can happen here. I tried to give him the best possible advice to keep him out of jail as well trouble. This is a first offense if that is what it is. They have not arrested or made any sort of indication of what they are going to do. They did draw some blood, but that i believe was routine for his injuries. Please help.What is the name of your state?
 


n777

Junior Member
Right i haven't heard of that either, but I guess at this point the only real damange was the car. He didn't hit another car, however he was still intoxicated. Is there anything i can do to help him out.
 

Ohiogal

Queen Bee
Right i haven't heard of that either, but I guess at this point the only real damange was the car. He didn't hit another car, however he was still intoxicated. Is there anything i can do to help him out.
Please reread what the other posters have said. YOU have committed a crime. NICE. Aren't you interested in knowing how much time you might serve if convicted?
 

CdwJava

Senior Member
Given the intricacies of CA law on the subject, you cannot likely be charged for offering advice to your friend. It is also unlikely that your friend will be charged for DUI given the time that passed between the crash and their discovery. However, should they pull the hospital's blood tests they MIGHT find enough to go on ... but, chances are they won't do that.

The police know he was drunk. They just can't prove it.

And you skirted the line providing advice to him to avoid detection. However, based on what you wrote, and on CA law, I don't see that a crime was committed. You did not tell a lie or participate in a conspiracy to conceal a criminal act after it had been discovered, you simply told him to go to the hotel and sober up before going to the hospital. While not, perhaps, the best thing to do, I don't see a crime under CA law there.

But, I just got finished driving for four hours and am in a hotel, so my thought process is a little foggy.

- Carl
 

BigMistakeFl

Senior Member
BigMistakeFl

In some states, an injury resulting from an accident is a different matter than standard DUI. This case may not be over just yet.

How did this "friend" get from the hotel to the hospital? He cleaned himself up and fell asleep at his hotel, apparently without his shoes. Then the cops found him at the hospital. I'm as confused as the poor tree.
 

CdwJava

Senior Member
Away from the fires I hope.
Just got back ... not near the fires, thankfully. But, the mutual aid call is still a possibility - there are a lot of weary cops on the line there and it's likely we might be called to break a few of them.

- Carl
 

CdwJava

Senior Member
In some states, an injury resulting from an accident is a different matter than standard DUI. This case may not be over just yet.

How did this "friend" get from the hotel to the hospital? He cleaned himself up and fell asleep at his hotel, apparently without his shoes. Then the cops found him at the hospital. I'm as confused as the poor tree.
The issue here would be putting him by the wheel, and showing that he was inebriated at the time of the collision. While an admission MIGHT be enough to show control/driving of the vehicle, the police would have a tough time establishing impairment at the time of the collision.

My experience with this is that there wont' be a prosecution.

- Carl
 

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