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Does this cop have the right to:

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ghettomechanic

Junior Member
What is the name of your state (only U.S. law)? Colorado
My wife received a letter from a Sheriff stating that an eye witness reported that her car with her plates left the seen of an accident. They said that if she did not call them soon they would have her car impounded and the DMV would revoke her license for not having insurance. She was not in that city, not in any accident, and has insurance. She also suspects some scum bags who may have made this false statement.
Does this cop really have the right to make good on this threat? I know the obvious thing to do is call them and defend ourselves against this harassment, but I am put off by having to defend ourselves to cops that make false threats against people on behalf of scum bags.
How would a lawyer handle this if it happened to them?
 


CdwJava

Senior Member
We have no idea what evidence the investigating officer might have. If the law in CO allows for the suspension of registration and/or a driver's license for allegations of hit-and-run, then it may be a valid threat. The impouns is probably very possible ... how likely it might be to impound a vehicle for a property damage hit-and-run is another matter (if it involves an injury then it becomes more likely). However, it may be that if you read the letter carefully it may state that those things MAY (or, "could," "might," "possibly," etc.) happen if she does not cooperate with the investigation.

And YOU may think these claims are by some "scum bag," but, if you were to make a report of a hit and run, you'd want them to investigate, wouldn't you? Would that make YOU a "scum bag?" AT this point you have no way of knowing that anyone made anything up. It may be a case of mistaken identity (i.e. the damage was noted and your wife was seen leaving the area at the same time), it may also have been an incorrect plate provided to the officer. Until the police have more to go on, she's going to be a suspect. But, if she can show she was somewhere else, then it should be over and done with quite quickly.

So, she can engage an attorney and refer the officer to the attorney. Or, she can speak to the officer. Or, she can ignore the officer and hope that nothing happens.
 

davew128

Senior Member
One would think the cops could very easily simply come see the vehicle themselves and verify if it was in an accident. More to the point, they can verify if a vehicle has insurance. Sounds to me like someone is either playing a sick joke on you or a scammer is trying to con you.
 

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