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Brett Hartwig

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Need some advice. First off, I know this is unethical, illegal, blah, blah. But I need some "real world" advice. My brother mowed over a fence and knocked over a street sign last night going home from a bar. Yes, he had been drinking. The problem is, he left the scene, because of the drinking. Now after looking over his car this morning, he realizes there is probably 3-4,000 dollars damage. He does not know now what he should do. Call the cops- which he will get a hit and run charge and they will want to know why he waited all night to call, tor should he get the car fixed on his own dime and not call the cops? I know he was wrong to drink and drive, but it happened. He certainly could not wait around for the cops and get a DUI though. What would you suggest?
 
well if he don't want to face the charges, he will need to pay out of his own pocket for his car. If he calls the police, he will face the DUI charges and fleeing the scene charges, those will cost more than the damage to his vehicle. he may need to contact the person later on whose fence got ran down to make restitution.





For what it is worth advice.



Bob



P.S. paying out all the $$$ should be enough inducement not to repeat the incident....hopefully:huh:
 
Not to put a damper on things, but there are 2 things to consider. 1 Where there any witnesses? 2 Have the cops notified the body shops to look out for any vehicle that might show damages matching the things that he hit? If either or both of these are true, the charges could be a lot worse on him.
 
He owes the people who owned the fence he damaged. He should get in contact with them to pay for the damages either out of pocket or by reporting it to his carrier. Depending on who his company is, they are only going to code the accident as at fault, not hit and run. Even if he goes to the police and confesses he still comes out better as hit and run is probably not as bad as DUI. I would do a search for state laws for his area and see what the penalty is. A better approach might be to go see a lawyer and get some advice.



Ideally, he should be glad he avoided the DUI and do everything possible to make everything else right. To do any less continues to make a statement about his character.
 
They cant get him for DUI after the fact. They have to witness the DUI. Hit and Run would be the worst that he would get. However, hes an adult and needs to take responsibility for his actions. Just the fact that you did not tell him to report it is an integrity issue on you as well.
 
I say out of pocket and as noted, he owes the people with the fence the courtesy to repair or replace as needed.



Think if it this way, if it was your fence, what would you feel like???
 
Yup, he should contact the people of the property he damaged and arrange making that right. Then he should pay out of pocket to get the car fixed.



He has to hope that the people in question don't push the issue and call the cops. A lot of sincerety and humility on the part of your brother should make it all work out. He needs to do whatever they want, within reason to make this right.



He has to hope that by their grace all is okay. It probably will be.



He will be out quite a bit for the fence and landscaping work, unless he gets permission to do the work himself. If he is granted that grace, then he should take off work to get the job done ASAP as any extra delay is an oppty for the people in question to take issue with this whole thing.



If this all sounds harsh and like a costly lesson, it should be.



That fence could have been a little kids bedroom. If your brother can get out of this for less than 5K and no hit/run charges then he is lucky.



TJR
 
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Not sure if this works in United States but in Canada if you get into an accident and are impaired then just grab a bottle and go sit on the curb and guzzle it and when the cop arrives just say you smell alcohol because i just had drink over there on the curb waiting for you to show up cause i was so stressed.
 
kcmdata,



A police officer will make you take a breathalyzer test if they suspect you have been drinking. Smelling alcohol on someone who just had an accident would qualify as a valid suspicion, regardless when the last drink was.



The way it works in the US with that stunt is that you will blow HIGHER with the breathalyzer, due to the alcohol you just drank. That's why they do another reading 1/2 hour or so later.



TJR
 
1. Pay for the damage to the others property and fix his stuff out of pocket. He should be aware they could call the police. They most likely already have so they have a report for their homeowners policy. Once they have his name, they couold call and update the police. They may not though, if he is quick about it and sincere. If I was them, as long as he made good, I would let him handle it.



2. Go to the police station and make the report. "I was tired.... blah blah, scared blah blah" and take his kicks, then call his own insurance company.



Man enough to do the crime, should be man enough to pay the price.





 
The more I think about it, the more I think cruz is correct. Getting out in front of this with the police, as soon as possible, is probably the right thing to do. Chances are high the people with the fence have already contacted the police. If you go to them, I suspect they would be obligated to contact them again if a report has already been filed.



TJR
 
So he is not going to fall back on the "a squirrel ran out in front of me" excuse. Anyway, like they said he can't be charged for DUI unless he admits he was guilty. He can be charged with leaving the seen of the accident (hit and run involves a human victim) which is a misdemenor I think.



If he has no morals, he can wait a couple days and call his insurance company to report that he ran off the road to avoid an animal. He hit a tree, but was able to continue home. Since it was dark he didn't realize the damage unitl morning. They will probably want a police report. The police will usually write it up without looking into it.



Hopefully he will do the right thing and take responsibility for his actions. He should pay for all of the damage out of his own pocket. While he is writing checks and working overtime he should be greatful that he did not hit and injure an innocent person.
 
If he puts B-B-Q sauce on that crow, it will go down easier.



With that being said, he should be a maqn and make it right.



Some states, Ohio being one of them, you do not need to be legally drunk to get a OVI. At one of the sobriety checkpoints, a guy blew a .02 and was issued a citation for drunk driving by the police. $750.00 later, the judge threw the case out. Still he was issued a citation for drunk driving with a BAC of .02%, well below the legal limit. Even the camera at the scene showed no imparement. The cop must have needed some more OT in the courtroom.



Going to the police, saying he was tired and did not have a cell phone to call the police is the best choice. Fix the fence for whomever he mowed down and get his vehicle fixed. If he wants to avoid the cops, send the owners of the fence some money anonomously, and fork out the cash to fix his vehicle himself.



Whatever he does, at a minimum, fix the fence and sign that he destroyed.





Tom
 
The average drunk drivers while intoxicated at least 12 times before they are actually ever caught. So I would wager that this is not the first time he has drove after drinking too much.



If he has money to drink with, he has money to pay for the damages he caused. If he is looking for a cheap way out, there is none, and there shouldn't be any cheap way out !! :angry:



Sorry, but I don't have much sympathy for anyone who drives while drunk.



...Rich
 
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oh, trust me. I think his eyes were opened quite wide after all of this. Mine too, I know I have done it way too many times and never gotten caught. I trust there are very few of us on this site that can honestly say we have not done it. Thanks for the replies. Hopefully alot of good will come out of this situation.:)
 
freeport,

Perhaps you can get him some help, get him into rehab or something. He's probably young and can be turned around with the proper help, and way too young to lose in a fatal accident.



...Rich

 

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