Re: Class B Misdemeanor: Do I need a lawyer?
Stan Brown
> They said I left the
> scene of an accident, failed to give info, and caused over $200 in
> damage. Whew!
>
> My defense is that I didn't realize we impacted,
Hard to believe, but depending on the facts of the accident your
lawyer _might_ be able to prove this.
> and besides, IF we DID
> impact, the other woman has only herself to blame, since she veered
> into my lane when I passed her
(Attitude snipped)
The law doesn't say only the at-fault party must stay; it says anyone
involved in the accident must stay. You have now admitted publicly
that you violated that law. A word of advice: don't ever admit
ANYTHING in a public forum. I don't know how many courts _do_ monitor
this newsgroup, but they could; and your admission can definitely be
used against you since you published it on your own initiative.
> will the Texas D.A. will arrest
> me when I contact him tomorrow about this Class B misdemeanor, or is it
> more likely I'll be allowed to pay a bond and contact a lawyer?
Most likely you won't be arrested, since you weren't arrested by the
officer who knew of the warrant. But you should contact a lawyer
_first_: an outstanding warrant can be a serious matter and even
though you've admitted guilt your layer may still be able to
negotiate a plea bargain IF YOU KEEP QUIET.
> Alternately, is there a chance he listen to my side of the incident at
> all? You see, apparently, the PMS-ing police officer
Lose the attitude, dude.
> On a related note: The officer who took my statement threatened me with
> arrest for "leaving the scene of an accident" (I didn't know about),
If you didn't know about it when it happened (and I have my doubts,
as any person would), you obviously knew about it when the officer
took your statement. If you claim you didn't know about it, you could
put yourself on the hook for lying to a police officer or to an
officer of the court, or for perjury if you testify in court.
> and she also didn't read me my rights either before, or after, she took
> my statement. So is my statement even admissable in court?
Assuming you weren't in custody, yes. Were you arrested before they
took your statement? Then you weren't in custody and no Miranda
warning was needed. (It's more complicated than that, of course; your
lawyer will ask you relevant questions.)
> Finally, I hate to cut off nose/spite face, but I really have no
> intention of ever paying the other driver a red cent for any of her
> alleged damages. If I have to pay an attorney, pay a misdemeanor fine,
> pay a bond, and pay whatever else they decide to throw at me, so be it,
> but the other lady caused the wreck, so I don't want her to get any of
> my money.
"the wreck"? Again, you show yourself to be lying when you claim that
you didn't know there was an impact.
Why the blue blazes haven't you reported this to your insurance
company? That's what you have insurance for -- they should have paid
the other driver's damages, less your deductible of course -- or if
you truly weren't at fault then her company should have paid you. (Is
your state a no-fault state? That would modify which company pays
what but wouldn't change the fact that you should have reported this
accident.)
As for "will not pay", that's really not your call to make. You'll
pay what the law tells you to pay -- and since you've waited so long
to report the accident, your policy may let your insurance company
refuse to cover this claim, which could mean you pay substantially
more.
Dude, you _really_ need to lose the attitude. Go into court or talk
to a prosecutor with one tenth of that chip on your shoulder and
you'll be digging your own grave. Regardless of your true feelings,
it is the only sane strategy to speak politely and respectfully of
everyone else involved. Get yourself a lawyer to speak for you.
--
If you e-mail me from a fake address, your fingers will drop off.
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.
Stan Brown, Oak Road Systems, Tompkins County, New York, USA
http://OakRoadSystems.com