Hi, When I was driving to my work one morning, I heard loud noise and saw that my mirror was crashed ,

2 views 3 answers
I later was told that I had to go to the police station, did so and found out that I actuall had crashed a mirror of another car parked there, I got the info informed the insurance as I was told by the police it was only an insurance thing, later we get a ticket from the police that it is a criminal violation. What should I do?

Attorney Answers

3
Brian Simoneau ·
You should explain that you were unaware of any damage and didn't "leave the scene" knowingly. Take photographs of your vehicle, so that you can show the minor nature of the collision. Showing that there was no major damage to your vehicle supports your position that you were unaware that you hit anything. If you're convicted of leaving the scene after causing property damage, the RMV will automatically suspend your license.
0 upvotes
Jefferson Boone ·
Leaving the scene without making yourself known, if that's what it is, is a midsdemeanor. The statute number Ch. 90? s.? (I don't know by heart) is on the front of the ticket, which should alshave a box checked, "All criminal violations". On the back of the ticket, there should be instructions for criminal violations, which you cannot simply pay, like a speeding ticket. You should check the box requesting a magistrate's hearing, sign it, and send it to the requisite address. You will get a hearing date in the mail. You do not have the right to a public defender at the magistrate's hearing, but can bring your own lawyer if you wish. Bring pictures, your insurance correspondence and coverage page, your accident report, etc. A reasonable presentation and the magistrate will not issue the criminal complaint and you're all set! (Except maybe not on your surcharge) If you don't do these things, the magistrate will issue a criminal complaint and youll receive a summons to court. Without some fancy legal footwork, this will result in a record of the charges, even if the matter is dismissed or you are found not guilty. You still probably will not be entitled to a public defender, where the judge may decide at the outset that you are not at risk of going to jail. Send in the ticket and go to the Magistrate's hearing! You have a defence in that you KNOWINGLY had to flee the scene. Re the surcharge, you will get one for major moving violation if you plead or are found guilty. Do go to the hearing, and if (as I don't think it will ) a complaint issues, don't plead guilty. If the complaint doesn't issue, or the matter is dismissed (not CWOFed), you may still be surcharged for an at fault accident. Do appeal the surcharge. Your best defense is that the damage was below the threshold ($500?) for it to count. Good luck! Money for an attorney might be well spent. Figure on three to four hours for the magistrate's hearing at whatever the attorney's usual rate is. Most will give you a flat rate.
0 upvotes
Daniel Deasy ·
Talk to a criminal defense attorney about this. They can help reach the right resolution. Good luck!
0 upvotes