Drunk driver not charged... why?

[ryalyn]

What is the name of your state?Pennsylvania
I was injured in an automobile accident involving a drunk driver. The police report shows that the man's blood alcohol was .28 which is clearly over the legal limit. This man is most often referred to as the town drunk. After months have passed, the policeman still has not filed any charges against this man. If they keep letting him go he'll end up killing someone someday. Are the police legally obligated to file charges in a case like this?? I find it very hard to believe that they aren't eager to get this guy off the streets.

[Curt581]

Originally Posted by ryalyn

What is the name of your state?Pennsylvania
I was injured in an automobile accident involving a drunk driver. The police report shows that the man's blood alcohol was .28 which is clearly over the legal limit. This man is most often referred to as the town drunk. After months have passed, the policeman still has not filed any charges against this man. If they keep letting him go he'll end up killing someone someday. Are the police legally obligated to file charges in a case like this??

Generally, yes. However, it would depend on whether or not there is sufficent evidence for charges.

You quoted a BAC number... How was that obtained? Normally, police don't get a BAC unless the man was arrested. The only other way it was obtained was through a hospital, which is normally confidential medical info and would not be available to you. Even the police would have to get a signed release, or subpoena that info.

I find it very hard to believe that they aren't eager to get this guy off the streets.

I agree. Depending on your injuries, he could have been charged with Causing Injury by Intoxicated Use of MV, or PA's equivalent. That's a felony in most places.

Give the officer that took your accident report a call and ask. If he wasn't charged, under most state's Victim Rights laws, you're supposed to be given a reason for non-issue.

PA's law will vary, but calling is a good first step.

[ryalyn]

When the accident occurred, the policeman at the scene told me to tell my insurance company the the mas was arrested under suspicion of DUI. He took the man to the hospital in the back of his police car for the blood test. It says right on the police report that his blood alcohol level was .28, but the man was never actually charged with the DUI. A friend of mine knows the policeman and he did say that he didn't file those charges because he didn't think it was that big of a deal. I think it is a big deal, and like I said, I'm afraid that this guy will kill someone if he is not punished. What can I do?

[CdwJava]

There is nothing you can do to force charges. But, you CAN sue the driver for injuries.

Also, it is not the police that presses charges, it is the DA's office. Check with the DA's office and see what reason they give for not going forward with the case. Or, what the holdup is.

If charges HAVE been made, it could be that the defense is trying to delay the case as long as possible. Sometimes this is a good tactic for them. I have had DUI cases delayed for almost two years prior to the first hearing.

Ask the DA what the delay is. Hopefully he/she will let you know.

- Carl

[Bravo8]

Just a technicality Carl, but in PA, the official "filing" of the charges is done by the police. Each county has it's own local rules, and some counties require the DA's office to approve any charges above a "summary offense" (akin to a traffic ticket), some require DA approval of some more serious charges, and some don't require approval at all. My county requires DA approval for any Felony 1 (the most serious charge with the exception of murder) or any felony drug charge. A neighboring county requires all charges graded a Misdemenaor or higher to be approved.

As to the original question as to why charges have not been filed, I can't really speculate. I can't imagine that the officer would not file charges if his BAC was in fact 0.28%.

[CdwJava]

Interesting.

Out here we send the request to the DA and they decide what - if any - charges are to be filed. Since the DA has to ultimately prosecute all these crimes (except traffic infractions) I simply assumed the DA had to sign off on anything first.

- Carl