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My Dad Got arrested for Hit and Run

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alphawav

Junior Member
What is the name of your state (only U.S. law)? CA

Hi. I'm trying to find out what happened here...:confused:

My dad is a senior and he was driving when he got too close to a SUV and traded paint with his side view mirror. A family member was in a car up ahead of him. My dad flashed the high beams to the family member up ahead and They all pulled over immediately and inspected the damage of the SUV. The paint rubbed off and there were no marks so the SUV driver and my dad and my brother just left. That same night the police of a different city came (w/ assistance of our local police dept) and arrested my father for "misdemeanor hit and run". They told my father that another vehicle claimed that my dad also hit them and that he didn't stop. My dad doesn't recall hitting another vehicle at all. The police said that these ppl were able to Identify my father and family member based on their clothing, and that they were looking at my father and brother during the 10-15 minutes that they were talking to the SUV driver. These ppl never came up to my father to tell him anything. The police say that the mark on my dad's car (1 inch by 3 inch) is consisent with the cracked tail lamp these people have as damage. (I haven't seen and they never showed my dad any evidence of the damage)
Car was impounded "as evidence". Dad was arrested, booked and released. Police said they had to do it because it was a "citizens arrest". I don't understand what happened here. Can anyone shed a light on this situation?

Why was my dad arrested on hearsay? These ppl could be a fraud for all I know.

Why did the police assume my dad was guility of hit and run if he stopped immediately? These ppl claimed my dad hit and run but he didn't. Now, It seems they lied to the police to get my father arrested. My father didn't know what was happening so he let the police do whatever to him. Now I can't even get copies of the police reports w/ out a laywer to find out what they are alleging? If this is even true, why didn't these people make themselves known at the scene where it happened? I feel many mistakes were made here, both by the police and these people, but what are they???

I know these are lot of questions, but I'm just trying to find out what hapnd.

Thanks.What is the name of your state (only U.S. law)? CAWhat is the name of your state (only U.S. law)?
 


CdwJava

Senior Member
Car was impounded "as evidence". Dad was arrested, booked and released. Police said they had to do it because it was a "citizens arrest". I don't understand what happened here. Can anyone shed a light on this situation?
Under CA state law, the police must act on a private person's arrest. However, they do have options to dispose of the arrest to include issuing a citation for a misdemeanor. Apparently they chose to book him rather than cite and release him. Also, it is a rare thing to actually impound the car as evidence in such a crime, but, they can. However, once they are done with it, they need to notify the owner of the car so they can pick it up and it should not cost him anything for the impound.

Why was my dad arrested on hearsay? These ppl could be a fraud for all I know.
No, your dad was apparently arrested based upon the statement and signed private person's arrest of a person who witnesses the public offense.

Why did the police assume my dad was guility of hit and run if he stopped immediately?
As you mentioned, apparently he is accused of hitting someone else. If the victim is another party other than the ones he spoke to on the side of the road, then there is someone else to deal with. Clearly it is not hit and run against the people that he stopped and spoke to unless he refused to exchange information with the other party.

When your father gets an attorney, he will be able to get copies of the reports through discovery. Until then, he - and you - really do not know what the issue might be.
 

garrula lingua

Senior Member
CA has a strange little potential loop-hole to a misd hit and run:
An attorney can do a civil compromise with the 'victim', even over the D.A.'s objection.

Your Dad may qualify for the Public Defender.
Dad can either go to trial on the hit and run, or negotiate a reduced plea (infraction?) with restitution to the victim, or have the attorney (PD or private) try to get the victim to agree to a civil compromise.

Hopefully, you have the ID of the mirror-scrape victim, so they can be subpoenaed to testify regarding your Dad's stopping and exchanging information and no other party approaching (unless they left the scene and stopped at a less conspicuous place).
 

alphawav

Junior Member
I'd like to thank both of you and all who are helping me shed a light on this situation. Sincerely, thank you.

CdwJava: I wasn't charged a "$100.00 impound fee" at the police station they gave me the "release letter", but they did charge me $950 dollars at the tow yard :confused: I had to put it on my credit card.... They held my car for over a week (12 days, to be exact).

Other poster : I read about the "civil compromise", but that requires that if I want to be "proactive" about it, then I get an attorney for my dad and that will cost me a lot of money.. I guess for a Public Defense not but it will be last minute... right?

Everyone I talk to says this is a very strange case.

I myself have a strong gut feeling that a lot of bad things were done in this case (to my dad), I don't know if its the cops to blame or the unkown people to blame, or both. Too bad he's older now and can be easily taken advantage of. He didn't question anything and just told me he tried to "go with the flow". I'm guessing he was in a state of shock when 6 to 8 police cars showed up in front of my house (it seems our local PD "Assisted" in this situation) My father, stated (and I asked him many times) that he does not recall hitting or touching any other vehicle and he said so when the police questioned him that night.

What else can I do / should I do? Thanks & Best Wishes.
 

CdwJava

Senior Member
I'd like to thank both of you and all who are helping me shed a light on this situation. Sincerely, thank you.

CdwJava: I wasn't charged a "$100.00 impound fee" at the police station they gave me the "release letter", but they did charge me $950 dollars at the tow yard :confused: I had to put it on my credit card.... They held my car for over a week (12 days, to be exact).
When did they notify you that you were free to pick up the car? You should NOT have paid any fees for the initial tow and the time they held the vehicle for evidence.

On the paperwork somewhere there should be a document by the tow company, the police, or a CHP form used by most agencies in the state called a CHP-180 that will contain an authority (Vehicle Code section) for the impound. If you can let me know what that code section is (22651(h) for example) then i can tell you whether you have a legal right to reimbursement of at least some of those fees.

What else can I do / should I do? Thanks & Best Wishes.
At this point about all you can do is help him gather information and screen attorneys. If he cannot afford an attorney, the court should appoint one for him.
 

alphawav

Junior Member
yes I have a copy of that paper, it says "CHP 180" REV2-99.

STORED - CVC 22655.5(b) "vehicle is evidence"

At the bottom it says "HELD AS EVIDENCE HR T/C"


will do the lawyer screening...thanks.
 

CdwJava

Senior Member
yes I have a copy of that paper, it says "CHP 180" REV2-99.

STORED - CVC 22655.5(b) "vehicle is evidence"

At the bottom it says "HELD AS EVIDENCE HR T/C"


will do the lawyer screening...thanks.
That's the one.

How many days was it in storage?

When were you notified of the vehicle being released, and how much time passed between the notification and it being picked up?
 

alphawav

Junior Member
That's the one.

How many days was it in storage?

When were you notified of the vehicle being released, and how much time passed between the notification and it being picked up?
They held it and It was in storage for 12 days.

They didn't release it, I had to push them to release it, I had to go to the PD about 4 or 5 times and finally they released it .
 

CdwJava

Senior Member
CVC 22852 covers the requirement for the agency to hold a post-storage hearing with the registered owner or his agent. They are REQUIRED by law to grant a hearing within 48 hours (or 2 business days) of the request.

Further, CVC 22655.5(d) states that the prosecutor may request, and the court may order, a defendant convicted of the crime to pay the impound and storage costs for which the vehicle was seized as evidence. You should NOT have been required to pay ANY of the impound and storage fees at least up until the day you were notified that the vehicle should be released.

If I were you (or your father if he is the registered owner) I would immediately pitch a bitch with the agency involved and if they fail to reimburse you for all but maybe the last day's fees and costs, I would make a claim against the city and consider suing them in small claims court.

I am the hearing officer for my agency and we can NOT charge the suspect for our incurred costs unless he is convicted. If we tow the car as evidence, it comes out of our pocket. The agency erred but chances are they will not acknowledge it because this tends to be a poorly understood area of administrative law. And, as with a great many things, court interpretations may vary, but I believe this is a pretty standard practice throughout the state that evidence impound fees cannot be passed on to the defendant/owner until a conviction is obtained.
 

alphawav

Junior Member
wholeheartedly, thank you. I will get on this case and attempt to get my money back and will post further questions and my advancement here later.

thanks.
 

alphawav

Junior Member
Hi. I wanted to let you all know that the charges against my dad were dropped and the DA rejected the case.

Now my dad wants to read his arrest report and the officers narrative but the police dept said they don't want to share that. They quoted "government code 6254 (f) as the reason. They demanded that we go to the courthouse and present them a "subpoena duces tacum" if my dad wants that report.

I told my dad to cool off about it and just enjoy the holidays. In reality all I want is my money back that I had to spend on the tow and other incidentals caused by this whole ordeal.

My questions are 1) Is that gov code really enough to keep my dad (and us) from knowing how and why he was really arrested, was it really a citizens arrest or was it the cops over reaching and doing bad police work? Also is it true that my dad has no right to read that report?

2) Why does the city continue to not want to pay my claim for the evidence tow? They sent the claim to a "claims handling" company and now I have to deal with them and write3 them ANOTHER letter to "convince them" to pay me.

I didn't want to bring this thread back from the dead, but rather I still need input. Thank you.
 

CdwJava

Senior Member
Hi. I wanted to let you all know that the charges against my dad were dropped and the DA rejected the case.

Now my dad wants to read his arrest report and the officers narrative but the police dept said they don't want to share that. They quoted "government code 6254 (f) as the reason. They demanded that we go to the courthouse and present them a "subpoena duces tacum" if my dad wants that report.
That is standard procedure.

My questions are 1) Is that gov code really enough to keep my dad (and us) from knowing how and why he was really arrested, was it really a citizens arrest or was it the cops over reaching and doing bad police work? Also is it true that my dad has no right to read that report?
Yes, they can arguably withhold the report based upon it being an investigative file. Since the matter appears to be closed, there is the strong likelihood that a court would order it released pursuant to the CPRA, or you can obtain it via subpoena ... of course, a subpoena requires there be an active case.

As for the arrest, it can be accomplished via probable cause even for misdemeanors in some instances and arguing an arrest in this situation might not be too difficult. Was he booked into jail or issued a citation and released at the scene?

2) Why does the city continue to not want to pay my claim for the evidence tow? They sent the claim to a "claims handling" company and now I have to deal with them and write3 them ANOTHER letter to "convince them" to pay me.
Because they - like most people and organizations - don't want to pay anything if they can avoid it. Dad might have to go to small claims court.
 

alphawav

Junior Member
Hello -

About the Court Order :

If you don't mind me asking, How exactly do we do the judges (court) order and how long does that process take? At the court when I requested the subpoena duces tacum the lady told me the same thing : "I don't know why they (PD) are asking you for a sub. duces tacum all you need is to see the judge and do a court order"... but I guess I didn't listen to her... I'm listening to the police department but, now I think this specific PD is trying to hide something in my dads case. it just doesnt feel right...

About my dad's arrest :

No, he wasn't cited and released, the police came down from another city 20 minutes away and used our local city police to hold my dad, then after questioning my dad and without telling my dad anything they handcuffed him and took him to their jail, at the jail, they miranda-ized him, took photos and etc, then held him in a room for about 40-60 minutes (my dad said) and then they came in and told my dad that they had called my brother to pick him up.

About the city not wanting to pay :

Yes, I understand, but it still causes undue stress for me, but whatever I will just face up to it, and keep writing letters. It's not my fault, if they made a mistake in my dads case , they should also face up to it and make it right (to my dad and to my pocketbook).

Instead, all they are doing is intimidating my family and asking us to back down. I guess most people "take it" but this cost me something to the tune of $3000-$4000 dollars , and thats not including lost wages (which I don't expect them to pay me, I will just forget about that part). But I want all my money back, and my dad wants his full arrest report and detectives report.
I think that is there has to be a solid reason for his arrest and if it really was a citizens arrest, or if it was the police acting by themselves, etc? I mean all the details should be there right? In the accident report none of those details are explained.

Thank you.
 

CdwJava

Senior Member
Hello -

About the Court Order :

If you don't mind me asking, How exactly do we do the judges (court) order and how long does that process take? At the court when I requested the subpoena duces tacum the lady told me the same thing : "I don't know why they (PD) are asking you for a sub. duces tacum all you need is to see the judge and do a court order"... but I guess I didn't listen to her... I'm listening to the police department but, now I think this specific PD is trying to hide something in my dads case. it just doesnt feel right...
I doubt they're trying to hide anything, it is just standard procedure for any report to be considered an investigative file and not subject to release absent a court order or subpoena.

I do not know how you might go before getting this before a judge. You might want to check for CPRA information on line and see if there are some resources for that.

No, he wasn't cited and released, the police came down from another city 20 minutes away and used our local city police to hold my dad, then after questioning my dad and without telling my dad anything they handcuffed him and took him to their jail, at the jail, they miranda-ized him, took photos and etc, then held him in a room for about 40-60 minutes (my dad said) and then they came in and told my dad that they had called my brother to pick him up.
Was he released with a court date?

If he was not released with a court date (on a citation), then they should have provided a release form that said he had only been detained pursuant to PC 849(b), or, he made bail. It is rare to be released without any one of those three things.

Yes, I understand, but it still causes undue stress for me, but whatever I will just face up to it, and keep writing letters. It's not my fault, if they made a mistake in my dads case , they should also face up to it and make it right (to my dad and to my pocketbook).
Short of a small claims action, I doubt they will volunteer to pay. It might take a face to face with the Chief or maybe even the City Manager - maybe even the Mayor.

But I want all my money back, and my dad wants his full arrest report and detectives report.
The money may be harder than the reports. The reports will be relatively easy to get.

Understand also that making an arrest based on probable cause is a relatively low legal burden to meet. From what you wrote, I strongly suspect the probable cause to make the arrest existed. Where the agency seems to have erred is holding his car on an evidence hold and then making HIM pay for it.

I think that is there has to be a solid reason for his arrest and if it really was a citizens arrest, or if it was the police acting by themselves, etc? I mean all the details should be there right? In the accident report none of those details are explained.
Very often the crime report and the arrest report are different issues. The collision report is generally a public document whereas the arrest report may not be.

And all that is necessary for a lawful arrest is probable cause to believe a crime was committed and that the person that is arrested may have committed the crime. It is a low level of proof. The reporting party's indication of desiring a private person's arrest was likely sufficient. Stronger if physical evidence of damage was readily apparent.
 

alphawav

Junior Member
I don't know if this is a "necropost"o r whatever , or if I should make a new thread... but here goes :

Well it turns out that the "victim" party had pre-existing damage, that clearly wasn't caused by my fathers car (physically impossible, and the dent was also rusted out, but the cops did not note this anywhere in their report).

This is clearly visible in the photos and goes completely against what the detective told us that (everything checks out, your father did it).

The "victims" claim was "over $4000" , our insurance paid them "<$1000" for a scratch that probably could get buffed out, and the cracked tail light, it was just my dads side mirror touched the side of the vehicle, that is why my dad didn't notice ANYTHING. and kept driving. then when he scratched the second vehicle (the SUV), the SUV followed him for a few blocks and honked at him and thats when he noticed something was going on and stopped. Then these people that he supposedly "hit & runned" on were there and looking at my dad while he was with the SUV guy, but they they never came out to make themselves known. Then now it turns out they had something to hide, that they had pre existing damage that they obviously didn't tell the police about. And the police didn't do the right work here either, it was clearly rusted out...

Everything is getting clearer now. My feeling from the start is that something was wrong, and that there were many mistakes made in my dads case. I just want to know, what should I do now?

1) Go for my money with the claims to the city?
2) Go to a personal injury attorney to press charges against the PD or
"victim"?
3) Sit and do nothing?


Also there is one BONA FIDE issue and that is.... Why was my dad arrested? Is it true that it was a "citizens arrest" like the cops claim... or.... did the cops arrest my father on their own accord? This I still don't know , how can I find this out? The police are deadlocked on not giving out my dads arrest report. Thanks again...
 
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