They said he was drunk

Tofast4me · 09-21-2003

On Thursday Sept 19th at 3am in the morning while I was sleeping a Guy hit my car that was parked outside my house. Just before the police took the guy away we were informed the guy was being charged with DUI, carless and fleeing the scene. On Saturday I was informed by my insurance company that the guy is not being charged with DUI. Now they got that info from the guys insurance company. I can't get ahold of the police officer to see why he told me the guy was being charged and now he isn't. Anyone have some advice?

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Mr.Modify · 09-21-2003

well is your insurance gonna cover it ? If not then worry bout it if so dun worry about it!!

Tofast4me · 09-21-2003

I do need to worry. If the guy is charged with DUI my insurance company goes after his. which in turn the insurance company is not cheap with fixing my car. That is why this is a problem. I was also asking why I was told one thing and then it was changed.

Narc · 09-22-2003

A possible reason that they told you that he was being charged with impaired operatation of a motor vehicle and later did not, may be because at the scene they detected alcohol on him. He was then placed under arrest, and then transported back to the police station for the purposes of administering a blood alcohol concentration test (breath test)

At the division, if he blew under the legal limit of .80 mil, they would not lay the charge of impaired operation or drive motor vehicle with excess blood alcohol. He would then be released unconditionally from the police station. Still, I would be interested in finding out if he was charged under the Highway Traffic Act.

Im only offering a possibility. Your best bet is to contact the police station and find out who was the investigationg officer and find out exactly what happened. You should be intittled to a copy of the accident report at the very least.

Hope this helps.

Tofast4me · 09-22-2003

The guy did have a breathalizer test on the scene and blew over. One of my witnesses even knows how much he blew over. He is also being charged with careless and fleeing the scene.

injencivic · 09-22-2003

did he refuse a breathalizer test?

Injen

Tofast4me · 09-22-2003

The guy had a brethalizer on the scene. So no he did not refuse it.

Narc · 09-22-2003

The thing about the road side breathalizer is that in order to "fail" the person must blow above 100 ml blood aclohol concetantration, but the exact amount will not be displayed. Only the breathalizer back at the division will give an exact reading. By the time they got back there, put him in touch with a lawyer, and complete 2 tests, he may have blew under. I've seen it take up to 3 hours to complete the last test, and by then he may have sobered up.

As soon as you know anything, let us know. Enquiring minds want to know.

Good news is that he has been charged with careless and fail to remain. Your insurance company will be made aware of that and you will not have anything to worry about with regards to your insurance premium increasing.

Best of luck brother