March 14^th 2024
Leaving the Scene of an Accident with Personal Injury
Client was an all-around solid husband, father and respected employer. He was charged with leaving the scene of personal injury. This charge is similar to leaving the scene of property damage, yet with the added component that a person in that accident was somehow injured to some degree. The charge of leaving the scene of personal injury also has a higher penalty which is a 6-month minimum sentence if jail is imposed. So, the penalty is very high. Also, for people, like this client who have immigration applications pending, a guilty for this charge could lead to deportation as it is a charge involving, “moral turpitude”. Here in this case, the client had been backing up his truck when he hit a pedestrian walking. When he did he quickly stopped the vehicle and shared his telephone number and did all that he thought he could do to assist. And he didn’t hear anything until the next day he got a call from police that the people alleged that he stuck the woman and then fled; that was simply not true. Client quickly called Attorney Barabino and informed him to file the summons with the clerk within 4 days as that would allow a pre-hearing, otherwise known as a magistrate hearing. In the meantime, client went to the local business and obtained video from a nearby business which showed that he stayed much longer than alleged. In preparation for the magistrate hearing, Attorney Barabino prepared a memorandum of law for the charge, also an affidavit of client which showed, among other that the location was not an actual “public way” at that time of night, and lastly, a background memorandum which was supported by the video. At the hearing, the magistrate listened intently and simply declared that there was no probable cause. Here, client was innocent and that at the hearing he was proven so.
RESULT: No Charges of Leaving the Scene of Personal Injury.