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request police phone record for hit and run

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chimchim

Guest
What is the name of your state? California

I am being charged with Hit & Run v20002(a). This could all be cleared up very quickly if I could get a hold of the police phone records. When I called them v.s. when they called me back. When the officer came to my house to get my side of the story etc..

Do I have a right to this information or am I just s.o.l? Unfortunately for me my cell phone provider does not keep any of these records.
 


You Are Guilty

Senior Member
If you called from your cel phone, they certainly do keep records of your calls. If they won't produce them, that's another issue. You'd have to subpoena them from the cel phone company, although a FOIL request to the police would probaby work in lieu of a subpoena to them as well.
 

JETX

Senior Member
chimchim said:
What is the name of your state? California

I am being charged with Hit & Run v20002(a). This could all be cleared up very quickly if I could get a hold of the police phone records. When I called them v.s. when they called me back. When the officer came to my house to get my side of the story etc..

Do I have a right to this information or am I just s.o.l? Unfortunately for me my cell phone provider does not keep any of these records.
Seems kind of curious.... why were you at your house when the police got your 'story' and NOT at the scene of the accident??

Further, the Code you cite is for failing to give information.... did you try to "Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved" and/or "Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof"???
If not, then your phone call has no relevance to the charge.

BTW, here is the Code:
"20002. (a) The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault. The driver shall also immediately do either of the following:
(1) Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver's license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver's license information, if available, or other valid identification to the other involved parties.

(2) Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol."
 
C

chimchim

Guest
You Are Guilty said:
If you called from your cel phone, they certainly do keep records of your calls. If they won't produce them, that's another issue. You'd have to subpoena them from the cel phone company, although a FOIL request to the police would probaby work in lieu of a subpoena to them as well.

I am cheap and use MetroPCS. They don't charge you per minute or
per call. It is just a flat monthly fee. So, they don't keep any records.
At least that is what the person from MetroPCS told me. Granted this
was a person trained to help you with your phone (add services,
etc...) Maybe if I had subpoena like you said they might all of
suden produce some records. I offerd to pay to have my phone
record like you would to your bank for a cleared check.

Please excuse the newbie question. What is a "FOIL"?
 

CdwJava

Senior Member
chimchim said:
What is the name of your state? California

I am being charged with Hit & Run v20002(a). This could all be cleared up very quickly if I could get a hold of the police phone records. When I called them v.s. when they called me back. When the officer came to my house to get my side of the story etc..

Do I have a right to this information or am I just s.o.l? Unfortunately for me my cell phone provider does not keep any of these records.
What do you hope to prove by checking the police department's phone records?

If the police called you, that only proves when they called you ... it would not prove whether you did or did not commit the offense of hit and run.

Hopefully you have something more than the police department's phone records. And if you had to, your attorney could probably subpoeana this information ... but I am going to guess he won't because it's probably not going to show anything.

Now, if you could enlighten us on the details, maybe the reasoning will become clear. Right now, it would seem to be a meaningless endeavor.

Carl
 
C

chimchim

Guest
JETX said:
Seems kind of curious.... why were you at your house when the police got your 'story' and NOT at the scene of the accident??

Further, the Code you cite is for failing to give information.... did you try to "Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved" and/or "Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof"???
If not, then your phone call has no relevance to the charge.
Thank you for that. All I was able to find on the net was that
it was for a "misdemeanor Hit & Run".




From your definition I am in trouble. Because I did leave the scene and did not try and contact the owner.

Short version of the story: Two very dumb parties did not play well on the freeway. Dumb party #1 cuts off dumb party #2 (me). Dumb party #2 proceeded to pull along side dumb party #1 in the emergency lane to ask what his problem was. Dumb party #1 crashed his truck into my car trying to force me into the cement divider. I did not want to be pinned with his truck into the cement divider so I turned my car back into his truck and away from the cement divider. After there was enough room from the cement divider I left and went home. I had no intention of speaking with a person on the side of the rode who would crash his car into on purpose. I have no idea what kind of mind set this person must have. This was not a accident this person rammed my car hard and try to push me into the cement barrier. Anyways, I left. After I was sure the crazy was not following my I went home and place a call to the local police. They were not that interested because I did not have his license plate number. I then called the CHP to report it. They said more or less the same thing, since I did not get his license number there was not much they could do. They asked if I wanted to fill out a report. I said no thank you, I will just let my insurance company handle it. I left them my name and cell phone number. About 30 to 90 minutes latter a very hot headed police officers calls me about the incident on my cell phone number that I had left the CHP. He says he needs me to fill out a report. I said no thanks I already called it in and I am headed off to class. He then says I need to fill it out now or they will be a warrant out for my arrest for hit and run. I explain to him that I already called it in and the lady on the phone said I did not have to. Anyways, he gets even more hot headed. I don’t want to go to jail so I tell him to meet me out my house.
I tried to explain to him I was not about pull my car over with my two kids in it to talk to someone who willful smashed their truck into me. I thought that person was crazy. The conversation did not go well.


Thanks for your time.
 
C

chimchim

Guest
CdwJava said:
What do you hope to prove by checking the police department's phone records?

If the police called you, that only proves when they called you ... it would not prove whether you did or did not commit the offense of hit and run.

Hopefully you have something more than the police department's phone records. And if you had to, your attorney could probably subpoeana this information ... but I am going to guess he won't because it's probably not going to show anything.

Now, if you could enlighten us on the details, maybe the reasoning will become clear. Right now, it would seem to be a meaningless endeavor.

Carl
I was hoping to prove that I called the police and reported it. I was not
trying to hide. I called the police within 30 minutes of the incident. They where able to get a hold of me on my cell phone
because I had reported to the local police and the chp. I left my cell
phone and full name which allowed the CHP to contact me.

I hope that counts for something.
 

CdwJava

Senior Member
Since the law requires an exchange of information with the other party and NOT the police, the act of hit-and-run may well have been completed long before you ever made the call. So the timing is irrelevant.

However, HERE is the BIGGER problem ... one or BOTH of you coul dbe charged with the crime of Assault with a Deadly Weapon (a felony ... a big felony) and if there were children in the car, you can toss in felony Child Endangerment ta boot!

An accident (as would be necessary to invoke CVC 20002) is NOT part of an intentional act. If he rammed you - and you rammed him back, you may be charged with ADW. Unless he admits to ramming you first, chance are HE is accusing you of ramming him!

Either way, you could be charged with a number of crimes including reckless driving and perhaps whatever our 'road rage' statute might be ... I think there's one, but I have never used it.

You may want to consult an attorney ASAP. This could be MUCH worse than failing to exchange information. Not to mention that was asinine, stupid, and downright dangerous to you, your children, and everyone else on the flippin' road!

Carl
 
C

chimchim

Guest
CdwJava said:
You may want to consult an attorney ASAP. This could be MUCH worse than failing to exchange information. Not to mention that was asinine, stupid, and downright dangerous to you, your children, and everyone else on the flippin' road!

Carl
Yep, no argument there.

Could they try me for one charge now (20002a) and then add more charges latter? Lke the ones you stated above? Are if there where going to do it would they just charge me all at once?
 

JETX

Senior Member
chimchim said:
Could they try me for one charge now (20002a) and then add more charges latter? Lke the ones you stated above? Are if there where going to do it would they just charge me all at once?
*** 'They' can add or remove charges as their investigation progresses.
 

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