Should he file a complaint?

[cybertoe]

What is the name of your state (only U.S. law)? NY
My son was involved in an incident in which he was being followed by the girlfriend of a friend he was with. The third time he pulled over to tell her to stop, he reached for her keys so he could toss them under her car in order to slow her down. She tried to stop him and somehow her ignition was damaged. She called the police and although it was a "he said, she said" situation, the officer told my son he had to pay for the damages or be arrested for auto-stripping (a felony). Of course he took the path of least resistance! Now she wants my son to pay for the towing. The officer told her that it was a civil matter and she would have to take him to small claims court. Should my son file a complaint for malicious prosecution? Harassment for both during and after the incident (we all have LOTS of phone records)? Can he file a complaint for aggressive and careless driving & Wanton Endangerment? Or a civil suit for abuse of process, since she lied about my son damaging her vehicle (if he had gotten to the keys you can be assured that they WOULD have been under the car). What about punitive damages? She has a history of finger-pointing and I believe she is on meds for bipolar disorder. I have always heard that she was a little "psycho." We don't want to go through all this, but she just keeps pushing.What is the name of your state (only U.S. law)?

 

[cybertoe]

I re-read my post and it seems I got a little off-track. I just wanted to know if he should file for malicious prosecution before she takes my son to small claims court, and in what order to do everything else. I'm sure she is going to try for the towing charges (and let's not forget court costs). After all, she is pre-law and knows wayyyyy more than I do. Or that's what she told me...lol.

 

[Banned_Princess]

What is the name of your state (only U.S. law)? NY
My son was involved in an incident in which he was being followed by the girlfriend of a friend he was with.

Just followed? that is not criminal, and if he felt like it was, he should have let her follow to a police station.

The third time he pulled over to tell her to stop, he reached for her keys so he could toss them under her car in order to slow her down.

He assaulted her.

She tried to stop him and somehow her ignition was damaged.

He damaged her car.

She called the police and although it was a "he said, she said" situation, the officer told my son he had to pay for the damages or be arrested for auto-stripping (a felony).

I hope he was ticketed, or the cops wrote her an incident report for the civil suit.

Of course he took the path of least resistance!

So he agree'd it was his fault, and he will pay the damages.

Now she wants my son to pay for the towing.

And he should.

The officer told her that it was a civil matter and she would have to take him to small claims court.

If he doesn't pay her, she should.

Should my son file a complaint for malicious prosecution?

WHAT??? Really? what part of your story amounts to this?

Harassment for both during and after the incident (we all have LOTS of phone records)?

Your son assaulted her, and CAUSED damage her car. the cop should have arrested your son.

Can he file a complaint for aggressive and careless driving & Wanton Endangerment?

No.

Or a civil suit for abuse of process, since she lied about my son damaging her vehicle (if he had gotten to the keys you can be assured that they WOULD have been under the car).

No way, your son broke the car and she will win her suit.

What about punitive damages?

No effing way dude, your being completely delusional.

She has a history of finger-pointing and I believe she is on meds for bipolar disorder. I have always heard that she was a little "psycho." We don't want to go through all this, but she just keeps pushing.What is the name of your state (only U.S. law)?

That is none of your business, your sons fault for associating with that kind of person, and matters none at all to the fact YOUS SON OWES THIS YOUNG LADY FOR CAUSING HER CAR TO BE DAMAGED.

 

[Banned_Princess]

I re-read my post and it seems I got a little off-track. I just wanted to know if he should file for malicious prosecution before she takes my son to small claims court, and in what order to do everything else. I'm sure she is going to try for the towing charges (and let's not forget court costs). After all, she is pre-law and knows wayyyyy more than I do. Or that's what she told me...lol.

Obviously she does.

 

[HighwayMan]

He assaulted her.

Your son assaulted her, and CAUSED damage her car. the cop should have arrested your son.

You are crazy. How was this an assault?

 

[cybertoe]

Totally enjoyed your reply..

A little more info for you you pick at:

Just prior to this event, my son left the place where everyone was celebrating his friend's birthday. After my son left, the friend and his girlfriend got into a fight. The guy broke the windshield and mirror on her car. He called my son, who was halfway home already, and asked if my son could pick him up and take him home. My son, being the good kid he is, went back to get his friend. He didn't know at that time that there had been a fight. The girlfriend followed. My son pulled over and told her to stop and go home. She told him that she wanted his plate number, which she got. No idea WHY she wanted it. She knows everyone's names and where they live. The second time he pulled over, he again told her to go home because she was going to hurt someone with the way she was driving (tailgating, lots of lane switching, attempting to entice a race..). It was the THIRD time my son pulled over when this happened.

Yes, he should have driven to the police station even though it was 11 miles in the other direction. Nevermind that he was again halfway home and was concerned about the amount of gas in his car. It was 4am. Not much open at that time.

He went back to that city for his friend. We moved away from there three years ago to get away from that cesspool. My kid is a good person and even offered to fix the car himself after all this happened. He is 6'3" and about 220lbs. He would never lay a hand on a girl. He knows better than than to even restrain a girl. He'll walk away first. What happened is that he reached for the keys and she snatched them out of the ignition, breaking it.

The friend, BTW, is back with his baby's mama for at least the 25th time.

 

[HighwayMan]

the officer told my son he had to pay for the damages or be arrested for auto-stripping (a felony).

That's ridiculous. The act doesn't meet the requirements of auto stripping. And if there was intent it would be a misdemeanor not a felony. So what happened? He paid her on the spot? How much? How was it determined what the cost was?

The officer told her that it was a civil matter and she would have to take him to small claims court.

The whole thing pretty much sounds like a civil matter to me.

Should my son file a complaint for malicious prosecution?

Against whom and for what? He's not being prosecuted.

Can he file a complaint for aggressive and careless driving & Wanton Endangerment?

What, pray tell, is "wanton endangerment"? There is no such charge in New York State, unless I just have not been keeping up with my legal updates.

Or a civil suit for abuse of process, since she lied about my son damaging her vehicle (if he had gotten to the keys you can be assured that they WOULD have been under the car). What about punitive damages?

Abuse of what process? Your son did damage the car - you said so. Let her take him to small claims court if she wants to. This is hardly the case of the century.

Punitive damages? I think you watch too much television.

This is a very minor thing. If your son wants to he can file a complaint with the local police (where did this happen by the way?). If her behavior continues or has been a pattern he can try to get an order of protection against her, but that doesn't sound like it would apply here.

 

[Banned_Princess]

You are crazy. How was this an assault?

Well, to "get the keys to throw them under the car" he would have had to reach thru her window and around her fighting her for the keys. hence a physical fight, hence assault.

Your son needs to pay the girl, so what the dude is back with his "baby momma" your son is going to lose the suit and that s the bottomist line.

No wantons were hurt during the process of this thread.

 

[cybertoe]

My Dear HighwayMan,

I don't really watch TV.

Auto stripping is what the officer said.

Malicious prosecution and abuse of process because she filed a report with false statements.

Perhaps wanton endangerment is the wrong term. I got the term from a forum post.

"Punitive damages: Where the defendant’s conduct is found to be intentional or willful or wanton or malicious; the courts may permit an award of punitive damages in addition to compensatory damages. Punitive damages are intended to punish the defendant and to discourage the conduct of the type the defendant engaged in."

There was no physical contact and I did NOT say my son broke the ignition. He didn't. The only reason he paid for the damages is because it beat getting arrested and going to jail, having to find bail money, having to buy new shoe laces (lol), court arraignment, obtaining a lawyer and probably a judge that doesn't care to hear all the facts. NOT how I want to spend my summer vacation!

My son had told the officer that he would have the money by the Friday following the incident. The girl said "fine." Then she called and sent test-messages to my son several times a day, every day, to ask when he would have the money for the repair and tow. She called and sent test-messages to my other son to ask when his brother would have the money for the repair and tow. She called another friend who lives here to ask when my son would have the money for the repair and tow. On Tuesday I finally sent her my first and only text message telling her to stop, since she chose to ignore when everyone else told her. That's when she told me that she was in pre-law and knew more than I did,and that she's better than me and has more than I do and I'm old! Oh, and that my son better pay or he's going to jail and she hopes I sleep well knowing that my baby is sleeping on a metal cot. And that he better pay by Thursday by 5pm or she's having him arrested and we will suffer The Consequences (her caps, not mine). And she's calling the officer RIGHT NOW!!! She argued tooth and nail about me requesting an officer present during all transactions. She threatened to have me arrested for third-party contacting.

Sorry about the run-on sentences, but that was what I was getting.
It was quite a little chat session, one that I am not proud of.

I have singly taught both of my boys to have respect for others and to never resort to violence. They haven't been out in months and do not hang out with these people a lot. My younger son was only out that night because the friend invited him to celebrate his birthday.

I'm a kind, quiet person. I would like to spend the rest of my days drama-free.

Now for a funny to lighten the mood:

The vehicle was repaired at an authorized repair shop. My son went there on Friday to pay. No luck getting an officer to witness the transaction. The one in charge was on midnights and everyone else was understandably busy. Yes, he got a receipt.

11:30 Friday night the officer called to find out what wass going on.It seems that the girl went to the garage and paid/picked up her vehicle and has the receipt to prove it. My son gave him all the info from his receipt and the good constable did a little investigating. Found out the garage's computer doesn't update until the end of the day, so it allowed the double bill. Ugh!

 

[HighwayMan]

Well, to "get the keys to throw them under the car" he would have had to reach thru her window and around her fighting her for the keys. hence a physical fight, hence assault.

Hence nothing.

You really shouldn't comment on things you know nothing about. What you describe is not an assault in any way, shape or form.

 

[HighwayMan]

Malicious prosecution and abuse of process because she filed a report with false statements.

If anything it would be filing a false report. What you're describing does not apply.

"Punitive damages: ...

That's in a civil suit. I don't think you'd get very far and is it really worth getting an attorney and suing her?

There was no physical contact and I did NOT say my son broke the ignition. He didn't. The only reason he paid for the damages is because it beat getting arrested and going to jail,

It seems unlikely that he would have gotten arrested. The police officer was probably just trying to get everyone settled down and to get out of there with a minimum hassle. If your son was going to be arrested he wouldn't have gotten out of it by "promising" to pay damages. Either it was a crime or it wasn't - it's not "let's make a deal".

She threatened to have me arrested for third-party contacting.

No such thing. This wacko seems to convince others that she knows what the law is all about, but it's all a song and dance.

If I was you I would just walk away from this situation and leave it be. It's really not worth getting involved in this any further. Good riddance.

 

[cybertoe]

Yep

I totally agreed that is would be filing a false report and not a false statement. The wee hours have me searching for words that would otherwise come easy.

I know punitive damages are civil matters. The lawyer could keep any and all of the money. We are not looking for monetary gain. This girl has a long history of calling the police about everything. No one seems to be able to stop her.

My son was long gone by the time an officer was called. At the time he did not realize the car was inoperable and he left. Apparently the girl found a phone and called the police. If my son DID know the car was damaged, he would have stayed with her until assistance arrived. The officer only ever had phone contact with my kid.

I also know that the third-party contacting thing was a joke. Everything that she said was. That's why I couldn't stop replying. Not much else to do at 2am in this town...lol. I did eventually stop. I asked her if the last good-bye was really THE last good-bye (she said it a lot). She called me a scumbag and a c--t and told me to leave her alone. End of convo.

I would love to walk away. Unfortunately I am quite sure that she will be at small claims court Monday morning seeking compensation for the tow-not that we ever saw a receipt. I just want to be prepared for the worst. If she does nothing, we do nothing. But if she keeps lying to the authorities I want to know what our recourses are.