totaled vehicle

[tkrst2]

What is the name of your state? PA

My friend recently totaled his truck in a single vehicle accident on an isolated back road. He called his wife on his cell phone and she came to pick him up. He then notified the police about the accident, but due to the fact that he had to walk for several miles to get a cell signal, the accident had already been called in. The police wanted to know where he had been (golfing) and whether he had been drinking (he responded no, but in truth he had drank several beers).

He is now afraid that the police may go to the golf course and ask the bartenders whether he was drinking. My question is: Can my friend be charged with DUI if the police had no contact with him and have no BAC levels. Also, what offenses could he potentially be charged with? Thanks in advance for your consideration.

[Curt581]

Originally Posted by tkrst2

Can my friend be charged with DUI if the police had no contact with him and have no BAC levels.

Probably not. However, they could put down alcohol use as a factor in the accident, even if they don't have enough proof to charge him criminally. That might disqualify his insurance claim, since it violates the terms of his policy. If that happens, he'll be completely screwed on damages.

Also, what offenses could he potentially be charged with?

How does Hit & Run sound ?

Failure to Report Accident to Police ?

Depending on the circumstances of the accident... Reckless Driving ?

[tkrst2]

Can they actually list alcohol as a contributing factor based merely on what a bartender would say?
How strong is the liklihood they would even ask the bartenders??
Would it really be hit-and-run, if he damaged nothing but his own vehicle?

[Dougthegreat]

Originally Posted by tkrst2

How strong is the liklihood they would even ask the bartenders??

Strong, I hope. Your "friend" is the reason why auto insurance is so outrageous, even for those of us who have never gotten a speeding ticket before or have never been at-fault in an accident. These little "mishaps" just get passed along to the rest of us, while your "friend" doesn't learn a thing and probably will do it again - after all, if he were really that smart, he wouldn't have been operating under the influence in the first place!

[Curt581]

Apparently I was unclear. I apologize.

Originally Posted by tkrst2

Can they actually list alcohol as a contributing factor based merely on what a bartender would say?

If they have reason to believe he was drinking before the accident, sure, they can include it. The cops don't need ironclad proof to include it in the accident report, just the officer's opinion that it was a factor in the collision.

Just because he didn't get caught, does NOT mean he wasn't drunk.

That's okay... he'll do it again. He'll get caught eventually.

How strong is the liklihood they would even ask the bartenders??

How would we know? They might not need to, if he was loaded when they talked to him shortly after the accident.

Would it really be hit-and-run, if he damaged nothing but his own vehicle?

Obviously, he hit something, right? There's HIT

He fled the scene before the cops showed up, didn't he? There's RUN

Hit + Run = Hit & Run.

[tkrst2]

To Dougthegreat: I respect your statement and can't agree with you more, the "friend" in quotes seems to imply that I am talking about myself, not true, but that doesn't matter. Another question though, how long would an investigation like this take, my friend is driving me crazy with his fear. Also, not that this matters all that much, but he had not had a beer for 5 hours before he drove, he slid on loose gravel due to a wash across the road the day before and hit an embankment and rolled the truck.

[tkrst2]

He was not loaded when he spoke with the police, and in fact only spoke with them over the phone. The officer told him he would mail him a notification of accident investigation(or he thinks that was the terminology). He also gave him permission to retrieve his belongings from his vehicle at the towing and recovery place.

[Curt581]

Originally Posted by tkrst2

Another question though, how long would an investigation like this take, my friend is driving me crazy with his fear.

It takes as long as it takes. If it were me writing the accident (and I've written dozens under the exact circumstances), I'd be in no hurry at all to finish it. I'd let him sweat.

Also, not that this matters all that much, but he had not had a beer for 5 hours before he drove, he slid on loose gravel due to a wash across the road the day before and hit an embankment and rolled the truck.

And you base this on what?

The story he told you?

[Curt581]

Originally Posted by tkrst2

He was not loaded when he spoke with the police, and in fact only spoke with them over the phone. The officer told him he would mail him a notification of accident investigation(or he thinks that was the terminology). He also gave him permission to retrieve his belongings from his vehicle at the towing and recovery place.

Strange cops you got there. I would never have agreed to take a statement over the phone. I always insist on meeting the driver in person, as soon after the accident as feasible. I'd release nothing from the truck until I did.

[tkrst2]

Okay, the investigation takes as long as it takes. However, won't the insurance company need the report before it can cover his collision claim? The officer told him to contact the insurance company and start the claim. I know you all have strong opinions about the stupidity involved here, and I am in no way condoning these actions. I am just a concerned friend trying to help him get some answers.

[tkrst2]

Originally Posted by Curt581

Strange cops you got there. I would never have agreed to take a statement over the phone. I always insist on meeting the driver in person, as soon after the accident as feasible. I'd release nothing from the truck until I did.

What does this mean, if anything, does the officer feel that there was nothing more to investigate?

[Curt581]

Originally Posted by tkrst2

However, won't the insurance company need the report before it can cover his collision claim?

Yes, it probably does. Another reason I'd be in no particular hurry.

You're exactly right when you said this was stupidity. He managed to weasel out of a DUI... Why should I, or any cop, go out of my way to help him get anything done?

Personally, I hope his insurance denies his claim.

What does this mean, if anything, does the officer feel that there was nothing more to investigate?

That's better asked of the cop doing the investigation.

How would I know what the officer thinks?

[tkrst2]

[quote=Curt581]Yes, it probably does. Another reason I'd be in no particular hurry.

Obviously a crash like this looks suspicious, and I in no way condone these actions. But can the officer hold up the accident report and thereby hold up the auto claim if he has no personal contact with the driver (my friend) and therefore can make no reasonable assumption as to the state of my friend's condition. Personally, I find it unbelievable that the officer did not come to my friend's house to check on his condition, (both physical well-being, ie injuries, and also to see if he had been drinking). I know these cases are complex, but please, if you could, give me what you feel the liklihood is that this report could include alcohol use, given the fact that the officer never had any personal contact.

[Curt581]

Originally Posted by tkrst2

Personally, I find it unbelievable that the officer did not come to my friend's house to check on his condition, (both physical well-being, ie injuries, and also to see if he had been drinking).

I find it unbelievable as well. That's why I said, "Strange cops you got there". That is NOT the way a proper investigation is done. Maybe there's something your friend isn't telling you.

(Do not take any of that as implying anything)

I know these cases are complex, but please, if you could, give me what you feel the liklihood is that this report could include alcohol use, given the fact that the officer never had any personal contact.

I can't even speculate. Sorry.

[tkrst2]

I really appreciate all of your input, I guess there's not too much more to say, he'll just have to wait and see. It's tough for me because on one hand I do not tolerate drunk driving, however he is my friend and I would hate to see him out $12,000 for his truck, but live and learn I guess.