Advice...Wife Cited for Hit and Run....

1) Google CVC 200002(a) and follow the Shouselaw link.
Shouselaw will give you a great overview of what you are up against. In essence she faces a $1000 fine, which is standard judgment, plus points, regardless of whether your insurance co settles.

2) Your only affirmative defense here was that your wife claims she didn't know what she did and therefore there was no willfulness or malice (mens rea) despite the crime having been apparently committed. However, in most traffic court cases mens rea does not apply.
3) don't bother with getting letters of recommendation as to her "good character"...it has nothing to do with the case and, as posted, good people do bad things all the time, even just once. You have a very good way of presenting your case in your posts . the details of the minimal damage to both cars and the noises to support her innocence etc is far more important than her character here. But as Stan and others pointed out, the timing of her exit and her denying time and place to the officers doesn't look good; it will be up to defendant/ your lawyer to point out that one's mind can be changed at any point in the postal process, doesn't mean there was willful negligence or malice involved.
4) DO a free consult with a lawyer!! These cases are the bread and butter of the court system. They count on People to accept the std $1000 spanking and move on in most cases. If you go it yourself in pro per, be sure to research the absolute plethora of case law on VC 20002 (a) that focuses on a lack of knowledge of the property damage.

ST Guy said:

Have you never made a last minute decision about something? Changed your mind half way through a task and decided to do it later? I'm sure you have. We all have.

We live so close to the post office she thought she had plenty of time and only upon pulling in did it occur to her that she really didn't. It was an easy decision to make as she'd been putting off mailing the packages for a couple weeks and another day or two wasn't going to make a difference.

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I believe you, but not your wife. And that is a BIG difference. her thought process is not adding up. And I hate to say it but most of the forum members agree...she guilty till proven innocent....

Give Scotty Storey a call.

and yes I have changed my mind half way through a task to do it later..and I remember just like alot of people.

Now you say you live SO close to the post office. Wouldn't she remember going then? And wouldn't she remember changing her mind half way through the task and remember to do it later since quote 'WE LIVE SO CLOSE TO THE POST OFFICE' ?

ST Guy said:

And my wife is a good driver.

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Which is it, man? Good driver or honest person. these seem a bit mutually exclusive here. I don't think I have scratched myself and not know it and I sure as shit have never hit another car without realizing it.

Not trying to pile on. Clearly you're being level headed about the comments you're getting. I hope it all works out for all parties and charges are dropped. I'd be giving my wife some shit for sure.

Best!

EDIT - my wife just told me shit hit a garbage truck with her Murano several years ago and didn't realize it until hours later upon discovering the damage. Hit and run!!!! Not sure I would call her a good driver though...I Mean, she can parallel park like a boss, uses blinkers, never caused an accident, hugs the fog line in twisties, looks out for bikes, and generally scoots around with finese, but I'm a much better driver

stan23 said:

I'd like to believe what you say about your wife. While her accolades are commendable, that in itself does not excuse her from what looked like happened. I have to say the evidence is pretty strong here.

1. She told the police she didn't remember being at the post office only one day earlier.
2. Pulling into the parking lot and immediately leave having pulled into a parking spot.
3. Her car is scratched up.

Any court of law would find her guilty.

Maybe i'm a bit sour because I recently got a hit and run on my bumper, and the person left no note.

Do you have a pic of the damage to her Murano? If it's just a light scratch, I would tend to believe that she didn't feel it. That may hold more weight to your case.

Also, just curious, I looked up the penalties for what she was cited:

1 Year Imprisonment in Jail
$1,000 – Maximum Fine
3 Years’ Probation
Victim Restitution
2-Point Driver’s License Deduction

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Would this be case closed since the 2 owners worked it out with their insurance, or would the DA still go for the kill?

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Yes, I do have pix of the damage to her vehicle. Not all that much before I cleaned it up and even less after I removed the paint transfer. Trust me, there's not much damage other than some paint removal and some small areas of wrinkled paint. Much less damage than on the other vehicle. However I won't be posting pix.

Yea, not remembering she'd gone there at first doesn't look good. But it's understandable given the way she was questioned and how rattled she got when they showed up. And pulling in and immediately pulling back out doesn't look good either. Those are the two biggest problems.

busapassion said:

Your words, "Clean that off and some touch up paint and it'll look new." If the cops didn't get involved, Would you have gone back to make it right?

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Yes those are my words....about the damage to our car. And I made that point only to illustrate how little damage there was to my wife's car and thus it would be well within the realm of possibility that she didn't notice contact with the other car.

And yes, both she and I would go back to make it right. Of course that assumes we could figure out when/where and to who it happened.

Just because the officer issued you a notice to appear does not mean the DA will follow through with the charge. Don't get hung up on this "Stale misdemeanor" stuff since you were not actually taken into physical custody. I have issued many citations for hit and run and for being an unlicensed driver which were not committed in my presence (This was a issue we brought up to our DA and they told us they want us to issue citations).
To file charges with the DA in my County there has to be a complaint form or a citation attached to the report; this is the charging document. You can't just submit a report.

Two major points is that if the victim in the case wanted to press charges for hit and run then the officer had no choice but to issue a citation or file a complaint form, it doesn't mean that the DA will charge it and follow through.

Second is that it is a misdemeanor where you have the right for a public defender. A lot of times they will be reduced to and infraction by the court which means it will be handled in a less formal traffic court and only impose a fine (No public defender for infractions).

I would recommend that you contact the DA's officer after a week to 10 days has passed and see if they are following through with the charges and if they are, if its a misdemeanor or an infraction (Make sure you speak to the DA handling the case and not just the clerk) then make a determination on if you need a lawyer or not. I'd really be surprised if this goes forward.

explorin said:

I believe you, but not your wife. And that is a BIG difference. her thought process is not adding up. And I hate to say it but most of the forum members agree...she guilty till proven innocent....

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You'd don't know everything about what happened and you know nothing at all about my wife so your opinion is just that...an opinion. From your viewpoint her thought process doesn't make sense. From some of her girlfriends viewpoints (none are flakes and all are professionals), her actions the day of the accident make perfect sense and her getting frazzled when the cops showed up the next day and not immediately recalling going to that parking lot also makes perfect sense. Your reality is not the only reality. And what you believe to be the truth is just that, your belief. Don't mistake it for the truth.

I knew when I posted here that some, maybe many, might think she's guilty as charged. So what? This is the internet and everyone's got an opinion. I've gotten some good advice here and I'll be acting on it. And maybe the best thing to come of posting all this is learning just how cynical people can be. Once upon a time, when I was younger, people had more personal integrity and people were much more honest. And once upon a time, people would recognize that personal integrity and responsibility when they saw it and it would have weight. Now, though, it seems we live in a world where the majority don't hesitate to shirk their responsibilities and thus, they expect the same lack of moral character from everyone else they meet or deal with. Sad. And it's probably one of the biggest problems with this whole damn country.

Regardless of anyone's opinion, she truly did not know she hit another vehicle. We've been together more than 25 years and I know her.

JPM said:

Just because the officer issued you a notice to appear does not mean the DA will follow through with the charge. Don't get hung up on this "Stale misdemeanor" stuff since you were not actually taken into physical custody. I have issued many citations for hit and run and for being an unlicensed driver which were not committed in my presence (This was a issued we brought up to our DA and they told us they want us to issue citations).
To file charges with the DA in my County there has to be a complaint form or a citation attached to the report; this is the charging document. You can't just submit a report.

Two major points is that if the victim in the case wanted to press charges for hit and run then the officer had no choice but to issue citation or file a complaint form, it doesn't mean that the DA will charge it and follow through.

Second is that it is a misdemeanor where you have the right for a public defender. A lot of times they will be reduced to and infraction by the court which means it will be handled in a less formal traffic court and only impose a fine (No public defender for infractions).

I would recommend that you contact the DA's officer after a week to 10 days has passed and see if they are following through with the charges and if they are, if its a misdemeanor or and infraction (Make sure you speak to the DA handling the case and not just the clerk) then make a determination on if you need a lawyer or not. I'd really be surprised if this goes forward.

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Thanks for all that advice. I was thinking of contacting the DA's office.

FYI, she was cited for 20002 misdemeanor on the citation (the misdemeanor
box was checked) and there is a case number as well which I presume is the report.

You'd don't know everything about what happened and you know nothing at all about my wife so your opinion is just that...an opinion.

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Technically, you don't know what happened either. Your just taking your wife's word. And don't think your wife won't lie to you...seriously...dont

What do her girlfriends have to do with anything? of course they will back her up. There her friends. Another bad example for you to bring up.

Sure she got frazzled when the cops showed up..maybe she wasn't expecting it to get that serious.

Don't give me the back in my day everyone was so honest and good to each other speech. People have always found a way to cheat the system. It's just now we have a lot more people in the world so it happens more often plus our social media spreads it around much faster and easier. If everyone just accepted what everyone said, like your wife's example, imagine the insurance fraud people would claim? Rates would be insane. So i guess your right. We as a nation are cynical of each other. But deep down, it's better for all of us.

There's a difference between an "accident" and an "on purpose". "Accidents" are what insurance is for and "on purpose" is what the courts are for. I suggest you get the insurance involved, make everybody whole, and then consistently stick to your story (the truth) all the way down the line and make sure you show remorse (<< important). Point this out: A crime must have intent and there is none here. Otherwise it's an accident. The burden of proof is on the DA. I doubt this will be prosecuted.

How many times have we seen a moto fatality caused by a driver where the driver never sees a day in jail? Prove intent like DUI, speeding, recklessness and BANG you got him on something that will lock them up for years. But otherwise..... just an unfortunate accident. Just like this.

ST Guy said:

Thanks for all that advice. I was thinking of contacting the DA's office.

FYI, she was cited for 20002 misdemeanor on the citation (the misdemeanor
box was checked) and there is a case number as well which I presume is the report.

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The only information you should give or get from the DA is whether charges will be filed. I would recommend not contacting the DA. There is nothing you can accomplish by contacting the DA. What's done is done. Don't accidently give up an information that can help the DA's case against your wife. Contact a lawyer immediately if charges get filed.

This is an instance that screams...There is more to this story. You have your wife's version..I suspect the truth is located somewhere closer to the other side. I suspect she heard/felt something. Probably thought it was very minor, did a cursory look around to see if anyone was looking and then bailed.

Lawyer up and erase this thread.

The thread title should be changed to something else....

"Wife Cited for Hit and Run....How to beat the charge?"

You posted on an internet forum for "advice". Like it or not, you're getting what the internet has to offer. Delete this thread, please.

ST Guy said:

'Bottom line is that all this is decidedly inconvenient and the fact that my wife is (unfairly) facing a misdemeanor is stressing and somewhat freaking her out..

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I agree that it's a major hassle and I'll take it on your word that there was no malice or intent on your wife's part...but she did hit and she did leave. Had your wife's vehicle been the one hit would you feel as you do now?

I expect the charges will be dropped once they clarify that you've shown good faith and are taking care of it. Still, you seem more that a smidge biased (as I would be) given that it's your wife.

PorradaVFR said:

I agree that it's a major hassle and I'll take it on your word that there was no malice or intent on your wife's part...but she did hit and she did leave. Had your wife's vehicle been the one hit would you feel as you do now?

I expect the charges will be dropped once they clarify that you've shown good faith and are taking care of it. Still, you seem more that a smidge biased (as I would be) given that it's your wife.

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Yes, I'd still feel the same if it was our car that got hit. If the other person really didn't realize they hit our car, then what's that to me? As long as my car get's repaired one way or another.

There are two parts to hit and run. First, of course, is the "hit". Then there is the "run". We aren't contesting the hit. It's obvious it did happen and it's being taken care of by the insurance companies. The "run" is what we're saying didn't happen. For the "run" to happen, there must be knowledge of the hit and then a willful decision to avoid responsibility. Neither of those things happened in this case, despite all the internet opinions to the contrary.

post a pic of the damage to the wife's car.

If the good samaritan hadn't been there, the other person (or their insurance) would be paying out of pocket for the repair. If you were on the other side of the game, especially if you didn't have full coverage (or had a large deductible), would you want the other person prosecuted for hit and run?

ST Guy said:

Yes, I'd still feel the same if it was our car that got hit. If the other person really didn't realize they hit our car, then what's that to me? As long as my car get's repaired one way or another.

There are two parts to hit and run. First, of course, is the "hit". Then there is the "run". We aren't contesting the hit. It's obvious it did happen and it's being taken care of by the insurance companies. The "run" is what we're saying didn't happen. For the "run" to happen, there must be knowledge of the hit and then a willful decision to avoid responsibility. Neither of those things happened in this case, despite all the internet opinions to the contrary.

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Dude, she hit and left. It doesn't matter one whit if she didn't know (which by the way, it a whole other issue unto itself) you're splitting hairs like crazy to absolve her of responsibility and being defensive about it to boot. You posted this online for internet opinions, but you're contorting yourself to refute them.

It actually recently happened to me...but the guy left a note taking blame and we took care of it amicably and civilly. Had he done it and left it would have been a quite different matter...and I would have indeed sought legal remedy.