Thursday, October 30, 2014

Is it leaving the scene of an accident if i was unaware or the accident? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Is it leaving the scene of an accident if i was unaware or the accident.  I was unaware of a slight rub of a parked vehicle when leaving a parking space I have a large truck and weather was very windy.




A:    Chosen as "Best Answer" by Asker on AVVO!


Michael Adam Haber

PRO


Contributor Level 20

9

Lawyers agree
Answered Unfortunately, intent (or knowledge) is not a requirement for leaving the scene of property damage just like intent is not part of the element of speeding or failure to obey a stop sign. You, as a driver, are tasked with being aware of roadway conditions, traffic, and all attendant circumstances.

The good news is that if it only involved property damage and if you contact the law enforcement agency's "hit and run" division and provide them with your driver, registration and insurance information then the overwhelming odds are that you will be given a citation (or 2) and sent on your way. 
If there were injuries then all bets are off. You are facing a felony and will have to be arrested and booked. 

It is always best to have a lawyer broker the transaction for you, as a lawyer can assist you in ensuring that you are treated properly, fairly and do not make incriminating statements against your own interest. (If you go in alone, pro se, then the cops most likely will seek to torque a statement out of you, albeit probably in a gentle / psychological manner.) 

Either way my advise is for you to hire a 407 area criminal defense lawyer to assist you in brokering your "surrender" and providing you assurances as to what will happen, how it will happen and being prepared to deal with whatever eventualities may come your way.

I hope this has been helpful and wish you good luck.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)



At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1




THIS BLOG POST (AS ARE ALL #HABERPA's BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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