I was driving in slow, close traffic and everyone had to stop suddenly, about 5 cars ahead. Everyone slammed on their brakes, and the SUV behind me didn't stop in time and rear ended my car, they were the only ones who didn't stop in time. It wasn't a hard hit at all, just a bumper to bumper. Traffic started moving again, and the SUV behind me didn't seem to be pulling over, so I just started driving again and got off at my regular exit. I checked in the rear view mirror and the front of their car was completely fine. My car was fine too, when I got home, not a scratch and it's just a little coup.. I was not supposed to be driving as I have a suspended license and the car had dead tags, etc. I would have stopped regardless if it had been more than a bump or if the other person seemed like they were pulling over. I don't normally drive, but I was very sick and really needed to go pick up some meds from the drugstore and nobody was available go help me out. Today my sister got a letter in the mail that the police were investigating 'an accident that her vehicle may have been involved in', as the car was registered in her name the last time it was being driven years ago (we used to share). What are my options? Can it be proven that I was driving since nobody stopped or called the police to the scene? I really don't want to get pulled into a big court case for this- the accident 100% wasn't my fault and was literally just a tap. I never drive, this was an isolated incident in an emergency situation. My license had been suspended only for a technicality, trying to pay off fines and I'm working on getting that squared away. What will happen if she tells them she doesn't have my forwarding address and contact info? Can I be charged if that plate number was reported but nobody else can corroborate? I'm not one to dodge the law but if I can only be held liable if I admit my presence, I won't. The person that hit me was either too close or not watching the road and I don't want to owe thousands because of their driving.
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Car bumped me and I left, now receiving notice from cops
- Thread Starter SamBrock
- Start date
army judge
Super Moderator
I suggest you reread your post, or ask a friend to read it and then respond.
You've broken one of the key principles of the criminal justice system, you tried to explain.
In your zeal to explain, you told the truth.
The truth that you are unlicensed, and the car was also unlicensed.
Accident or not, that's enough to get you convicted.
If your sister says, maybe my brother was driving.
The cops will likely attempt to interview you.
They'll pull your drivers license information.
Whether you blab or not, the cops will put two and two together, getting FOUR.
Your best bet is not to lie, because you don't need to lie.
Explaining, especially the kind of explaining you did here, won't help you.
All you need to do, if approached by the police, is simply say, "Sorry, I don't wish to speak about this, and invoking my right to remain silent, and want to consult a lawyer."
The police are very clever, and extremely persistent, so no matter what, keep repeating the "happy mantra" I revealed above.
If arrested, same same, except when in court, plead not guilty, and ask the judge to appoint a public defender, if you can't afford a lawyer.
Your biggest problem will be if the other driver picks your drivers license photo out of a line up.
The mere fact that he or she can identify the car, isn't the nail in your coffin, yet.
It is one of those nails, maybe.
Depending on what the cops decide to do, any security cameras along your route home could be the other nails.
In some cases, cops will recreate the way you drove home, and at the scene of the "incident" and see if any camera shows YOU behind the wheel of THAT car.
Good luck.
Thank you for your advice, I appreciate it. Another question you might be able to help me with- I just looked up the accident report and the driver of the vehicle that hit me stated that I hit THEM. And they sustained 800$ in damages. This is completely untrue, and were my vehicle/license in good order I would contest it. But since it will cost more for me in both fees and possibly set back my ability to get my license reinstated, could I possibly reach out to the driver and ask her to settle it out of court for cash? Could she redact her accident report or request that it be closed as resolved?
army judge
Super Moderator
Yes, you could make contact with the driver of the other car and implicate yourself which will cost you much, much, more than $800.
You see, my friend, if you step up, you're likely to be charged with the following offenses: Driving while license suspended, leaving the scene of an accident, operating an unlicensed vehicle, and driving with no insurance.
In fact, in NC, what you did might be considered "hit and run", which is a higher crime than "leaving the scene of an accident".
In NC, the law imputes to all drivers a "duty to stop", identify yourself, show insurance, and MAYBE call or report the matter to the police.
Its eight hundred bucks today, just wait until the medical bills begin to pour in and the pain and suffering begins to compound.
http://www.deadlyroads.com/laws/north-carolina-hit-and-run-laws.shtml
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-166.html
North Carolina law requires that a driver involved in a collision contact a law enforcement agency by the quickest means possible if there is: (1) injury to any person; (2) death to any person; or (3) total property damage of $500 or more. Failure to do so is a misdemeanor. It does not take much damage at current repair costs to exceed the statutory minimum, so it is always a good idea to contact the police.
So, I see that as strike one.
Driving while suspended, that is strike two.
If you drive while your license is revoked, you may be charged with a Class 1 misdemeanor. (N.C. Gen. Stat. 20-28.)
Your sentence may involve a fine and possibly jail time. The court decides the amount of fine for a Class 1 misdemeanor. (N.C. Gen. Stat. § 15A-1340.23(b).) A jail sentence may depend whether you have previous convictions for driving after suspension or revocation.
If you have no prior convictions, or one to four prior convictions, you may be sentenced to a minimum of one day in jail and a maximum of 45 days in jail. (N.C. Gen. Stat. § 15A-1340.23(c).)
If you have five or more prior convictions, you may be sentenced to a minimum of one day in jail and a maximum of 120 days in jail. (N.C. Gen. Stat. § 15A-1340.23(c).)
Your license may be revoked for an additional year or period of years. (N.C. Gen. Stat. § 20-28.)
Then we have driving with no insurance, strike three. I won't even discuss the expired registration, because that's just going to be piling on. But, trust me, the prosecutor will add that charge, too.
Section 20‑313 of the North Carolina Statues tells us that operation of motor vehicles in NC without financial responsibility is a Class 1 misdemeanor. This part of NC law specifically says that any owner of a motor vehicle registered or required to be registered in North Carolina and operates or permits such motor vehicle to be operated in this NC must have in full force and fulfill the financial responsibility required by this state law.
The punishment for a Class 1 misdemeanor (per NC Statute 15A-1340.23) is maximum jail time of 45 days if you have no prior convictions but up to 120 days if you have been convicted 5 or more times of the offense. A Class 1 misdemeanor can also come with a fine which is decided at the discretion of the court. The fine will likely be high since in NC a Class 3 misdemeanor comes with a maximum fine of $200 and a Class 2 with a maximum fine of $1000.
You are between a rock and boulder.
It can't hurt you to talk with a couple criminal defense attorney in your county.
This won't end well for you, my friend.
This will be a very expensive lesson.
I doubt that you'll get any jail time, unless you've been popped before for driving while revoked.
The problem is, leaving the scene of an accident, and driving while suspended or revoked.
Read this:
http://traffic.findlaw.com/traffic-tickets/north-carolina-traffic-laws.html
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