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Possible reckless driving,speeding, damage of property and leaving the scene

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arneseka

Junior Member
What is the name of your state? WA

I was driving into the university parking lot next to my dorm, around 20-25mph, and might have had a couple hard turns. I was driving in a low gear with a high rpm, but it sounds faster because of the noise. When I was about to park (going around 10mph) my foot slips off the brake because it doesn't have a rubber coating and is slippery at times and I accedentially hit the accelerator instead. The car goes bouncing off the curb and the front lands over the curb and into a bush behind it. Me and my friend stepped out of the car to check if there were any damages to the car and couldnt really see any except for some minor scratches from the bush and the deflector under the front bumped had gone loose. We pulled the deflector off and backed down from the curb/sidewalk. We didn't have a cell phone so we went into the dorms to get my cell phone to call campus security and tell them what happened and where it was. When we got back a cop was already there with a security officer to look at the damages. The parking lot is under video surveilance and they saw what had happened and came down there. The cop took our names, driver licenses and numbers and talked to us without writing anything down or giving us a citation. The university security officer did take down some brief statements. They said that because we had gone to get a cell phone we had technically left the scene of an accident because there were damages over $300, which I highly doubt seeing only a bush and my front bumper had minor damages. They also said I was driving recklessly and they have it on camera, though I would at best call it a high speed for a parking lot enviroment.

The security officer said that they will put the case through student conduct for the university to find out if they should report or take the case any further. I expect them to demand some reinbursement for the part of the bush and maybe some cosmetic damage, at most to the curb, but what can they report to the police and what charges could be brought on to us?

Could the university or the police officer charge us for leaving the scene of an accident without giving us any documents? Could the university do it when they have reviewed the case? Could both my friend and I be charged with it?

Can I get a speeding ticket without having been caught for speeding by a police officer? Could they use the video tape to figure out the speed and use that as evidence? Or use the video tape for a charge on reckless driving?

Is there anything else they could try to put on me?What is the name of your state?
 


CdwJava

Senior Member
The tape is evidence ... the collision with the curb is evidence. They can use it all to charge whatever might be appropriate.

I have to say, I'd be very suspicious that you intended to call anyone since you apparently only hit a bush and a curb - why would you call anyone? You didn't seem to think that you did any damage or did anything wrong. It's also suspicious that you left your cell phone in the room and your friend apparently didn't have one, but, I guess that CAN happen.

Whether they will charge you with anything or not is something you will have to wait and see about.

- Carl
 

arneseka

Junior Member
Well I went back to get my friend who knows a lot about cars to get him to check out the undercarriage, call an auto repair shop and someone on campus just to let them know about the bush and what they wanted me to do about it. The imprint of the car in the bush was about 2x6 feet so I just wanted to let them know. This would also be my first ticket/offense and I'm in good standing with the university at a high gpa, would that count in my favor?

Would it be possible to get fleeing the scene of an accident dismissed on the grounds that we did not even consider it an accident, but an acccidential action because of the minimal damages to others property other than my own, which were still minimal. (I know that might contradict, but in the sense that you would say you accidentially went over the curb, not in the sense that you crashing into a parked vehicle.) My car also has a student ID sticker in the front windshield that contains all my information, could that be presented as leaving my information at the scene?

Would there be any reason for them to press charges of destruction of property if I agree to pay for all the ~40dollars in damage I did?

Is it possible to judge/clock speed from choppy surveilence camera and have it stand in court?

Thanks,
Kristian
 

CdwJava

Senior Member
arneseka said:
This would also be my first ticket/offense and I'm in good standing with the university at a high gpa, would that count in my favor?
It could.

Would it be possible to get fleeing the scene of an accident dismissed on the grounds that we did not even consider it an accident, but an acccidential action because of the minimal damages to others property other than my own, which were still minimal.
It depends on how your state defines a collision. At the moment there is nothing to dismiss as you have not been charged.

(I know that might contradict, but in the sense that you would say you accidentially went over the curb, not in the sense that you crashing into a parked vehicle.)
An "accident" is still an accident. If doing property damage or bouncing off the curb is a collision in your state, then doing it on accident (i.e. not intending to do it) would be a collision. Had you intended to do the damage, then this would be vandalism and not a collision.

My car also has a student ID sticker in the front windshield that contains all my information, could that be presented as leaving my information at the scene?
No. If FL's statutes are like CA's, you would be required to make a reasonable effort to contact the property owner. You could always explain that if you were really trying to avoid responsibility you would have moved your car to another spot.

Would there be any reason for them to press charges of destruction of property if I agree to pay for all the ~40dollars in damage I did?
Probably not. But, in the end the school does not "press charges", the police would request charges through the DA or the court via a citation or report.

Is it possible to judge/clock speed from choppy surveilence camera and have it stand in court?
It's possible, but likely unnecessary. One can be unsafe or reckless in a parking lot without driving at breakneck speed.


- Carl
 

arneseka

Junior Member
"Probably not. But, in the end the school does not "press charges", the police would request charges through the DA or the court via a citation or report." (sorry i dont know how to use all the features here yet like the quotation).

After the police officer left, all he took was my name, license number and phone number. He didn't issue a citation or anything. The campus safety officer said that the student conduct board would review the case as what to do next. Would that mean the school would have to report it to the police and then the police would report it to the DA?

Does it make any difference that everything happened on private property?

Would it be hard to get a reckless driving charge reduced to a careless charge? The police officer present did'nt take a report or anything, but kept asking my friend leading questions as to how my driving had been and hinted towards reckless driving, we had no idea at the time that there were other types of driving such as careless, which would better describe what I was doing. Would the report of non law enforcement personell such as 19 year old campus safety girl have the same impact on a case as one written by an actual police officer? Would that request be based off this report? My friend also made some wrong statements he would like changed, could this be done before a possible request through a court as it would have impact on possible charges?

Sorry for all these questions by the way, I'm just really shook up after all of this and what might happend, just trying to cover all my bases.

Kristian
 

CdwJava

Senior Member
arneseka said:
After the police officer left, all he took was my name, license number and phone number. He didn't issue a citation or anything. The campus safety officer said that the student conduct board would review the case as what to do next. Would that mean the school would have to report it to the police and then the police would report it to the DA?
If the police officer did not intend to report it, then the chances are it won't get reported later. But, you could be penalized by the school for the act and any damages.

The officer might write a report to be shipped off to the DA ... or, he might wait to see what the school wants done. If the school wants to pursue the matter, the police might ship it off for prosecution. Usually that isn't the case out here, but there is nothing preventing him from holding onto the case until after the college decides what they would like done ... provided it happens quickly.

Does it make any difference that everything happened on private property?
The only effect it might have is on the nature and type of offense. For instance, speeding might not be able to be charged on private property, but some form of reckless probably can (that's the case in my state).

Would it be hard to get a reckless driving charge reduced to a careless charge?
If charged, you can talk to the DA. Whether that's possible or not depends on the nature of said offenses in your state.

The police officer present did'nt take a report or anything,
An officer doesn't need to hold a clipboard to take a report. I take noted in a pocket notebook ... I then write the report at the station. Trust me, he has all the information he needs for a report if he chooses to file it.

Would the report of non law enforcement personell such as 19 year old campus safety girl have the same impact on a case as one written by an actual police officer?
A report is not evidence in any event. Testimony by the involved parties and witnesses IS evidence. The security officer has just as much right to testify as to what she saw as you do.

My friend also made some wrong statements he would like changed, could this be done before a possible request through a court as it would have impact on possible charges?
Changing statements ... hmmm ... okay, here's how that will play in court after he makes a statement on the stand that is substantially different than what he told the officer originally:

PROSECUTOR: "So ... were you lying then? Or are you lying now?"

FRIEND: "I was lying then ... I made a mistake."

PROSECUTOR: "Then why should we believe you now?"

IF you are charged, your attorney could bring the matter up to the DA, but it's likely to open a can of worms your attorney might not want to open if it gets that far.

This not that complex an issue ... you failed to properly control the vehicle, you jumped the curb and whacked a plant! There is really much need for testimony by your friend unless he is going to claim that someone held you at gunpoint and made you do it - or that you guys were rammed from behind. Unless he told the parties at the scene that you were driving like a wild man, there isn't likely a big reason to change things anyway. And if he DID tell them that, trying to change it now would sound really, really, bad.


- Carl
 
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