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Discussion Starter · #1 ·
Is it possible to charge someone with leaving the scene of their own personal injury accident? For example: John Doe is driving a motor vehicle on a public way and flips his car and causes personal injury to himself but flees the accident scene. Know of any case law?

It seems that it is possible after reading the wording of the law but I'm still not sure...

90/24 2(a1/2) (1) Whoever operates a motor vehicle upon any way or in any place to which the public has right of access, or upon any way or in any place to which members of the public shall have access as invitees or licensees, and without stopping and making known his name, residence and the registration number of his motor vehicle, goes away after knowingly colliding with or otherwise causing injury to any person not resulting in the death of any person, shall be punished by imprisonment for not less than six months nor more than two years and by a fine of not less than five hundred dollars nor more than one thousand dollars.

Thanks.
 

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If they collide with something then there is usually damage to whatever they hit. You would have leaving the scene of property damage. But if you charge personal injury of themselves, who were they supposed to make themselves known to? Themselves?
 

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I would check with your local courts regading charging Leaving the scene of a personal inury accident where the injured party is the suspect. I tried this once and was advised it is a NO GO. I was advised the injury MUST be TO "ANOTHER" person not the suspect. Anyone have any other luck????
 

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Discussion Starter · #5 ·
yutyut -

that is why i bring it up. my local court is very skeptical and i'm trying to convince them that the wording "...causing injury to any person..." can be inclusive of the suspect. i've yet to find any case law that says it is or isn't inclusive of the suspect.
 

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We had an accident were a stone wall was damaged and the person left the scene. The judge stated that stone walls could not be damaged and dismissed the case. Even with a bill for repair, still dismissed.
 

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We had an accident were a stone wall was damaged and the person left the scene. The judge stated that stone walls could not be damaged and dismissed the case. Even with a bill for repair, still dismissed.
The judge should know, his head is filled with rocks.
 

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I think the reasons why courts are hesitant is due to the fact your suspect is the victim. In a one car accident in which the suspect is injured then flees, a great defense would be " I had to go to the hospital or go home and tend to my wounds"

Let me know how you make out on this. I tried looking up some case law and also could find none. I will still say in my opinion charging this person would be a no go but Im always open to change my mind!!! Good Luck
 

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First off who really cares with charging one with hit and run PI on self.. Like soup said who are they going to make themself known to, themself. If you want to charge them with something failure to report MV accident, failure to stay in lane, tow the MV if its still there and let it stay in storage until they come to the station for a release$$$$$. It's most likely what Tuna said the operator was OUI. File A Immediate Threat report with the RMV. Operator is a threat to public and himself. PS also directly notify their insurance company what they did....
 

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Im starting to think you dont really do mall security..
There are a shitload of accidents on the beltroad, gray hairs parking by feel and general NDF-itry at the mall, ....just sayin'.
 

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It's most likely what Tuna said the operator was OUI. File A Immediate Threat report with the RMV. Operator is a threat to public and himself.
Without directly observing the operator (who fled) it might be very difficult to get the RMV to take action based on an assumption.
 

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Without directly observing the operator (who fled) it might be very difficult to get the RMV to take action based on an assumption.
Very true however the RMV is not court all they need in preponderance of the evidance...:p

Chapter 90: Section 22. Suspension or revocation of certificate of registration or license; notice

Section 22. (a) The registrar may suspend or revoke without a hearing any certificate of registration or any license issued under this chapter whenever the holder thereof has committed a violation of the motor vehicle laws of a nature which would give the registrar reason to believe that continuing operation by such holder is and will be so seriously improper as to constitute an immediate threat to the public safety.

If the RMV accually do it is another story.
 

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Another issue I see is the 5th Amendment right to face the witness against one's self. I'd agree (unfortunately) as the victim and the defendant are on in the same.
 
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