Why didn't they get a ticket?

[hamstring]

Several years ago I was struck from the side, by a woman I thought to be very drunk, and called the police. Basically she veered out of her lane into mine and caused minor damage. She almost didn't stop. The police came, surveyed the situation, gave me some info, and sent me on my way. A couple weeks later I got a copy of the accident report and noticed the other driver wasn't cited. She stated she had fallen asleep. I pretty much know the difference between intoxicated and sleepy. She was not sleepy, she in fact begged me to not call the police, offered to pay for it, and stated the Escalade was her boyfriend's and he would kill her.

I'm not bashing the police person's position on the accident, but am wondering if it is EVER OK to let someone go who has caused a minor accident that is suspected of DUI? Could they have passed the tests and let go, or maybe taken home because of a famous relative?

There was not much consequence of the accident to me or the other driver but I was just wondering what kind of scenario could have taken place after I left the scene. Just looking for some good conversation...

Hamstring

(btw, happened in DeKalb Co, GA)

[Legoate]

Of course I wasn't there...but if I was the ofc. in that position I'd conduct a field sobriety test on her. If I thought she was drunk enough for a DUI arrest she'd be going to jail. If she passed the FST she'd most likely walk. She could have been sober but did fall asleep after a day of drinking...who knows.

You state "she almost didn't stop". Either she stopped or she didn't in my eyes. Almost not stopping is like almost not being pregnant.

[sbrad]

What makes you think she was intoxicated? Did you notice an odor of alcohol? Was her speech slurred? How was she walking and responding to you? It's possible the officer didn't pick up on any clues and if it was *obvious* to you perhaps you should have related what happened before the officer got there that lead you to believe the driver was intoxicated. Just a thought.

[scott715us]

What makes you think she was intoxicated? Did you notice an odor of alcohol? Was her speech slurred? How was she walking and responding to you? It's possible the officer didn't pick up on any clues and if it was *obvious* to you perhaps you should have related what happened before the officer got there that lead you to believe the driver was intoxicated. Just a thought.

If you feel there was more to her behavior that caused the accident aside from sleepiness, you should have relayed the information to the police officer or even asked the woman if she had been drinking prior to the officer's arrival. We make mistakes some times and not always pick up on a possible intoxicated person if they are able to hide it well. People tend to let their guard down before an officer's arrival and she may have given more clues to you than the officer. None of us were there so we can't really assume what exactly went on. I will always cite a person I feel at fault from investigating the accident.

[JD45]

It's not mandatory a cite be issued because someone is at fault for an accident, at least in CA. The accident if it was her fault will show "party most at fault" on her driving record.

Sometimes a cite is just adding injury to insult.

[acreature]

..........is just adding injury to insult.

Or, adding insult to injury.......... for those of us NORTH of the equator. ;)


:D

[JD45]

Or, adding insult to injury.......... for those of us NORTH of the equator.

DOH....

[michiganstud]

It's not mandatory a cite be issued because someone is at fault for an accident, at least in CA. The accident if it was her fault will show "party most at fault" on her driving record.

Sometimes a cite is just adding injury to insult.

Some cities in Michigan DO. Big Rapids City PD has a policy that EVERY at fault driver of an accident will get a citation. They feel it lowers the amounts of careless drivers and accidents.

[mcsap]

We indicate violation on accident reports, not fault. Whether or not someone is cited does not change what violation(s) were committed. Typically, if someone hits another car, injures someone else or just does something pretty stupid, they are taking an autograph home.

I do NOT have to witness a vio to be able to cite for it. I can use witnesses or physical evidence to make my case.

[hamstring]

What makes you think she was intoxicated? Did you notice an odor of alcohol? Was her speech slurred? How was she walking and responding to you? It's possible the officer didn't pick up on any clues and if it was *obvious* to you perhaps you should have related what happened before the officer got there that lead you to believe the driver was intoxicated. Just a thought.

I definitely told them. The girl and her friend stumbled out of the vehicle, were giggling, but I did not detect odor. When I phoned 911 I informed them I believed they were drunk, thus the 3 officers who arrived VERY FAST! :D

Yes, I could have been wrong, but don't believe I was. But of course the officers obviously had suspicion to conduct tests, which I'm sure they did. I was just surprised they got out of a ticket. Not even a "failure to maintain lane."

Thanks for the responses guys. I was really just wondering.

[Joeyd6]

I must first say, 99% of all accidents I go to are "the other guys fault." Everyone thinks they are in the right and the other is in the wrong. Even when I personally observe it and see it all myself, each insists they were right.

When I get to an accident, I was not there. There are 3 versions...yours, theirs and what actually happened. If nobody is injured or serious property damage, we do not "investigate" it like it was a huge deal. Accidents are every day things. We can't spend hours on a fender-bender. In these cases, I am there to make a report....a written record. So I write what you say. I write whatteh other driver says. The I write if I ibserved anything that would support or disprove what a party said. That is it. I do not decide who is wrong. We all pay insurance premiums....let them decide. That is thier job....deciding liability.

As far as writing tickets, in NY, I have to sign teh bottom of teh ticket whihc states "The undersigned personally observed said violation..." If I was not there and did not observe it....I can't sign it. If I do, they will go to court and plead not guilty. The judge will ask what I observed. I did not see it, so I can't testify to it. Evidence? In minor accidents, there is no evidence kept or preserved. So with no pictures or other evidence, their lawyer would get it dismissed on no proof. And as for saying, "Well your honor, the other motorist, John Smith, advised me that the defendant..." will not work....Hearsay...unadmissible. So what about having you, John Smith show up? In NY, court dates are set-up around the officers work schedule and motorist. There is no gaurantee you will show up. That means you would have to take off of work and be there. Would most people? No. And even if you did, it may be dismissed to another day. Are you going to come back a 2nd or 3rd time? Probably not. We have found this to be true. Again it would then be dismissed. But what if you swear to show up? The final thing is that if their insurance company pays you, you often have to sign a settlemnt agreement. Sometimes they tell you by accepting the check you agree to settle. Read the fine print of that. Sometimes you are agreeing that you will not testify against their insured in the matter. So now you are opening yourself up for trouble,

Hope that gives you some insight in why what is done is done.

[hamstring]

Interesting, thanks Joey.

[Babysmamadrama]

What makes you think she was intoxicated? Did you notice an odor of alcohol? Was her speech slurred? How was she walking and responding to you? It's possible the officer didn't pick up on any clues and if it was *obvious* to you perhaps you should have related what happened before the officer got there that lead you to believe the driver was intoxicated. Just a thought.

Right, she could have been having a diabetic symptom.

[scootsmo]

Isn't an Escalade a newer vehicle and you said it happened several years ago?...just an aside.

[hamstring]

Isn't an Escalade a newer vehicle and you said it happened several years ago?...just an aside.

The current body style Escalade is about 3 yrs old I think. Before that there was the first Escalade which was a bit longer and rounder around the edges. That one didn't sell well. That was the kind I was hit by.