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Hit & Run

Discussion in '2nd Gen. Tacomas (2005-2015)' started by heffer, Aug 8, 2017.

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Aug 10, 2017 at 11:22 AM

#21

#21
heffer [OP] Well-Known Member

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Jeff

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'15 Magnetic Grey 4X4 TRD Off Road

Icon Extended Travel, SPC control Arms, OME Dakars, B110's

OPD75 said: ↑

Well....it doesn't quite work that way. I'm a California LEO, and I was our traffic division's hit and run investigator for many years. H&R without injury, is a misdemeanor crime and a police office cannot arrest for a misdemeanor crime that was not committed in his/her presence. Therefore, you need an eye witness that can positively identify the driver of the suspect vehicle in court......a citizen's arrest of sorts. License numbers are great, but a judge will not convict anyone of misdemeanor H&R without someone in court to positively ID the driver of the suspect vehicle. I've done literally hundreds of H&R investigations and it's very common for a judge to sarcastically say in court, "I can only find the vehicle guilty, now go find me the driver!"

Consequently, without an eye witness to make the positive ID on the driver no arrest can be made and the goal of the police investigator is to simply get the alleged suspect to agree to assume liability for the damage. Most H&R suspects, once contacted by the police, will agree to pay to repair the victim's vehicle. Without a positive ID on the driver, this is the best case scenario. I've never seen a first time H&R suspect spend any jail time. Worst case is usually a fine and or community service work.
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Thank you for this information. I dont need anyone to go to jail over this, I'd just want someone to take responsibility for t

OPD75 said: ↑

I would turn the matter over to your insurance company. Let them try and get restitution from the suspect. Honestly, without an eye witness that can pick the suspect out of a photo line-up, you have about a 50/50 chance that the suspect with admit to doing the damage and agree to compensate you. Like I mentioned, I've worked hundreds of hit and run cases, and about half of the suspects, when confronted by police, will admit to doing the damage and agree to restitution. The other half will deny, deny, and deny again. Again, without an eye witness to pick the driver out of a photo line up, the officers don't have any clout at all. Then it's a simply game of intimidation. The officers, by their mere presence, try to intimidate the suspect into admission and restitution. If the suspect takes a hard line and continues to deny...then the H&R portion of the case is usually closed on the basis of no eye witness available.
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There was one lady who saw. But I'm not too sure if she'd be able to pick the persons face out of a line up. I filed a claim with my insurance company yesterday. I guess we'll just see where it goes from here

heffer, Aug 10, 2017

#21

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