Arrest, Search, Seizure, Warrant Hit and run

[Brandendesalvio]

My vehicle was involved in a car accident...the person driving my car left the scene on foot..my insurance company contacted me and is paying for the damages to the other vehicle...this was 2 weeks ago..I have not been contacted by law enforcement...my question is can they arrest me for this without proof of who was driving?

 

[CdwJava]

An arrest requires probable cause to believe that a crime was committed and the person to be arrested committed the crime. It does not require absolute proof. If the witness described you or picked you out of a lineup, yes, you can be charged with a hit and run. If the police investigate and show up to your home and ask you who was driving, you can either give up the name of the driver, or, decline to answer. If they have probable cause to believe YOU were the driver you may be arrested, you may be charged in a report forwarded to the prosecutor, or nothing at all may happen.

There is no way to predict whether or not the police will act on this or what information they might have on you (uh, excuse me ... the driver).

Did you (or, the driver) walk away because you (they) didn't have a license? Had a warrant? Was impaired?

 

[Brandendesalvio]

An arrest requires probable cause to believe that a crime was committed and the person to be arrested committed the crime. It does not require absolute proof. If the witness described you or picked you out of a lineup, yes, you can be charged with a hit and run. If the police investigate and show up to your home and ask you who was driving, you can either give up the name of the driver, or, decline to answer. If they have probable cause to believe YOU were the driver you may be arrested, you may be charged in a report forwarded to the prosecutor, or nothing at all may happen.

There is no way to predict whether or not the police will act on this or what information they might have on you (uh, excuse me ... the driver).

Did you (or, the driver) walk away because you (they) didn't have a license? Had a warrant? Was impaired?

I'm still trying to figure out who was driving my car. I have a license and no warrants. It's been 2 weeks and I haven't been contacted..I'm not ok with being charged with something I didn't do..I figured they needed proof to arrest somebody.

 

[Betty3]

How did someone else get your car to drive?

 

[CdwJava]

I'm still trying to figure out who was driving my car. I have a license and no warrants. It's been 2 weeks and I haven't been contacted..I'm not ok with being charged with something I didn't do..I figured they needed proof to arrest somebody.

Really? A mystery person was driving your car ...

While possible, this is highly improbable - and nearly laughable. Certainly you know or have an excellent idea who it was in your car.