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Leaving scene of accident warrant, what?

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ColdCase

Junior Member
New Hampshire

Lady was backing out of parking space as I was driving by and backed into me. It tore her plastic bumper off, not a scratch on my truck (hit the tire). We exchanged pleasantries, I help her clean up, We talk about exchanging info but there was no damage to my vehicle so we didn’t think it was necessary. She had my license plate number, I wrote down hers. I helped her clean up the debris and left about an hour after the incident as she was calling the insurance company. Two hours later the police stop by the house to arrest me for leaving a scene of an accident. I tell my story and they say they are just doing their job and have to arrest me for leaving the scene of the accident. They did decide to wait until after the holidays to issue the warrant. This just does not make sense to me, I have no record, just an average every day 50 year old Joe.

I’m minding my own business, lady backs into me, not my fault and now I’m spending time and money to defend a crime? I know, but you can’t fix my stupidity.... Should I call the lady and ask her what happened and if she would speak the the police officer. Should I talk to the town police chief, ask for the charges to be dropped... or just wait?

Any advice beside we told you so?
 


ecmst12

Senior Member
I would suggest you inform your insurance company immediately (she was at fault) and speak with a lawyer before turning yourself in.
 
W

Willlyjo

Guest
So you say a lady backs out of a parking space (which means she couldn't be going too fast at all), then she hits you as you drive by, causing no damage to your truck but her rear fender gets torn off. How much does a rear fender cost to replace?

Leaving the scene of an accident? For such a miniscule incident? I don't know about New Hampshire but certainly in California if this happens and you exchange information, then it is okay to leave which you did. Sounds to me like this lady said a few things that exagerrated the incident to a level that warranted your arrest. You should document everything you can concerning the damage / lack of damage to your truck and find out exactly what this lady reported that made them feel the need to serve a warrant on you.

I understand that you and the lady talked and decided not to exchange information (but did get each other's license plate number).
Whether the fact that you DIDN'T exchange phone numbers got you in trouble or that the lady filed a "trumped up" police report to get you in trouble remains to be seen.

Seems to me like the lady could be in trouble for filing a false police report (which is the only way you could possibly be arrested for an incident that came down as you said it did). It seems too far fetched for me to believe that since there was no damage to your truck and her damage was undeniably her fault (and there were no injuries), that you could possibly be prosecuted for leaving the scene. But I've seen stranger things happen.
 
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justalayman

Senior Member
Willlyjo;2715438] but her rear fender gets torn off. How much does a rear fender cost to replace?
learn to read willy. It was the bumper and for cost; anywhere from a couple hundred to a couple thousand dollars. If it is an exotic car, even more.

Leaving the scene of an accident? For such a miniscule incident?
glad to hear you think a couple thousand is miniscule.

I don't know about New Hampshire but certainly in California if this happens and you exchange information, then it is okay to leave which you did.
if this happened in California, where the threshhold is $750, it would likely be a mandatory reportable accident. In New Hampshire, since an officer did not respond, the drivers must file a report with the state if the damage is over $1000.




I understand that you and the lady talked and decided not to exchange information (but did get each other's license plate number).
learn to read willy:

She had my license plate number, I wrote down hers




Whether the fact that you DIDN'T exchange phone numbers got you in trouble or that the lady filed a "trumped up" police report to get you in trouble remains to be seen.
well, the law specifically requires the drivers to exchange names, addresses, driver's license numbers, vehicle registration and the names and addresses of any occupants of the vehicles.

Seems to me like the lady could be in trouble for filing a false police report (which is the only way you could possibly be arrested for an incident that came down as you said it did).
false report? For what? there was an accident. She reported an accident which she was not given the requisite information. Surely doesn't sound like a false report to me.

It seems too far fetched for me to believe that since there was no damage to your truck and her damage was undeniably her fault (and there were no injuries), that you could possibly be prosecuted for leaving the scene. But I've seen stranger things happen.[


here is the requirement for NH:

I. The driver of a vehicle who knows or should have known that he or she has just been involved in any accident which resulted in death, personal injury or damages to property, shall immediately stop such vehicle at the scene of the accident and give to the driver or owner of any other vehicle involved in said accident, and to any person injured, and to the owner of any property damaged, the driver's name and address, driver's license number, the registration number of the vehicle and the name and address of each occupant.
it is followed by this:

If by reason of injury, absence or removal from the place of the accident, or other cause, such injured person, or driver of such other vehicle, or owner of the property damaged, or any of them, is unable to understand or receive the information required in this section, such information shall be given to any uniformed police officer arriving at the scene of the accident or immediately to a police officer at the nearest police station.
So the OP had the opportunity to provide the required info to the other driver or to the police. Apparently the other driver knew this and did provide it to the police since she was not able to provide it to the OP.
 

ColdCase

Junior Member
Thanks guys.

Technically I think NH laws requires the exchange of name, address, phone number, etc. for any accident. Which clearly I was in violation of regardless of my good intention. She would need only a plate number for her insurance. Its a $1000 report for this State. I didn't grow up here, so not all that familiar with this state's nuances.

Frustrating thing is that the town officers have chosen to not use some judgement here and say they are pressing on with the warrant... they mentioned in passing some inconsistency between a witness report and was very interested in seeing my drive through receipt time stamp... I'm going to have to look more carefully for that. I was at the scene for about an hour, but perhaps they think is was more like five minutes.

Years ago my wife, through her volunteer work, was friendly with the chief and some of the officers, but there has been much turn over there in recent years.

The car was a 2004 volvo. Who knows if the bumper was held on with duct tape. Not even a scratch on my rear tire.

Finding a good lawyer in his office Christmas eve may be interesting.... perhaps I can wait till Monday.

PS, the insurance company doesn't seem to want to hear about it unless I'm filing a claim. They suggested calling the local agent and discuss.... who are not in the office. I've started looking for a lawyer by asking friends for references, just don't know how much of a hurry I need to be in.
 
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Willlyjo

Guest
learn to read willy. It was the bumper and for cost; anywhere from a couple hundred to a couple thousand dollars. If it is an exotic car, even more.

glad to hear you think a couple thousand is miniscule.

if this happened in California, where the threshhold is $750, it would likely be a mandatory reportable accident. In New Hampshire, since an officer did not respond, the drivers must file a report with the state if the damage is over $1000.




learn to read willy.





well, the law specifically requires the drivers to exchange names, addresses, driver's license numbers, vehicle registration and the names and addresses of any occupants of the vehicles.

false report? For what? there was an accident. She reported an accident which she was not given the requisite information. Surely doesn't sound like a false report to me.

It seems too far fetched for me to believe that since there was no damage to your truck and her damage was undeniably her fault (and there were no injuries), that you could possibly be prosecuted for leaving the scene. But I've seen stranger things happen.[


here is the requirement for NH:



it is followed by this:



So the OP had the opportunity to provide the required info to the other driver or to the police. Apparently the other driver knew this and did provide it to the police since she was not able to provide it to the OP.
Damage is damage whether a bumper or a fender. Anyway, I'll work on my reading if you'll work on your spelling (Willly not willy). Thanks for your input.
 

Antigone*

Senior Member
So you say a lady backs out of a parking space (which means she couldn't be going too fast at all), then she hits you as you drive by, causing no damage to your truck but her rear fender gets torn off. How much does a rear fender cost to replace?

Leaving the scene of an accident? For such a miniscule incident? I don't know about New Hampshire but certainly in California if this happens and you exchange information, then it is okay to leave which you did. Sounds to me like this lady said a few things that exagerrated the incident to a level that warranted your arrest. You should document everything you can concerning the damage / lack of damage to your truck and find out exactly what this lady reported that made them feel the need to serve a warrant on you.

I understand that you and the lady talked and decided not to exchange information (but did get each other's license plate number).
Whether the fact that you DIDN'T exchange phone numbers got you in trouble or that the lady filed a "trumped up" police report to get you in trouble remains to be seen.

Seems to me like the lady could be in trouble for filing a false police report (which is the only way you could possibly be arrested for an incident that came down as you said it did). It seems too far fetched for me to believe that since there was no damage to your truck and her damage was undeniably her fault (and there were no injuries), that you could possibly be prosecuted for leaving the scene. But I've seen stranger things happen.
California information is not relevant, willy, so therefore neither is your post; but then again why is that not surprising:rolleyes: Right, willy???:D
 

justalayman

Senior Member
Damage is damage whether a bumper or a fender. Anyway, I'll work on my reading if you'll work on your spelling (Willly not willy). Thanks for your input.
I think of you more as a willy than a Willy.

and the the bumper v. the fender; just pointing out your lack of reading abilities or your lack of even attempting to be correct. In either case, it is not a good position to be advising a poster from.
 

Proserpina

Senior Member
I think of you more as a willy than a Willy.

and the the bumper v. the fender; just pointing out your lack of reading abilities or your lack of even attempting to be correct. In either case, it is not a good position to be advising a poster from.



Thanks, man. *wipes coffee off of monitor*

(sorry OP)
 

ecmst12

Senior Member
You might not end up actually being CHARGED with anything, they might just want to hear your side. But any time there's a possibility of you being charged with a crime, it's a good idea to get professional advice going into it. You don't want to say something wrong and make things worse for yourself.
 

ColdCase

Junior Member
So I get the dreaded call 9:30 last night as I was dozing off. Officer says they just issued a warrant and to come in between 7 and 3 Tuesday. He also mentioned that if I get stopped before then I would be arrested ... so why do I wait? Something better about being arrested in 2011 over 2010?
 

Bosco645

Junior Member
I think I would find this beotch and ask her what her deal is. You two exchanged info. If she was the one who hit you, why are you being punished?
 

ecmst12

Senior Member
That is very bad advice.

Did you talk to a lawyer like we suggested? Im sure there is at least 1 or 2 working this past week.
 

csi7

Senior Member
Definitely talk to a lawyer.
I would suspect some local political connections are involved as well.
 

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