QUESTION
What can be done if an underage driver was involved in a DUI-related accident but no DUI ticket was issued and there was no summons?
Asked on Aug 24th, 2013 on DUI/DWI - California
More details to this question:
In May 2013, my underage sister was involved in a car accident where she rear-ended a car stopped at the red light. She drank some alcohol before the accident. She was transported to the hospital immediately due to internal injuries so no breathalyzer/sobriety tests were taken at the accident scene. There was no DUI citation ticket issued and she hasn't received any legal mail related to the incident. Her driver's license is still active. Will she be charged? Should I go to the court in the jurisdiction the accident happened to check out if there's a pending case for her?
5 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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In many states, case information is available on-line. You should check to see if service is available in your state.
Answered on Sep 09th, 2013 at 12:08 PM
Michael J. Breczinski
you can call the court and see if there is a case with her name on it. They may have not issued any charges.
Answered on Aug 29th, 2013 at 9:04 AM
Accident Attorney serving Lagrangeville, NY
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Marco Caviglia, Esq.
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They may have performed a blood test at the hospital as standard operating procedure for BAC. If so, there may be sufficient proof to charge her. She may be eligible for zero tolerance treatment if you have a good DWI attorney. It's strange that they have not charged her already, unless someone dropped the ball.
Answered on Aug 26th, 2013 at 7:23 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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You should check with the court clerk to see if there is a pending case. Otherwise, let sleeping dogs lie.
Answered on Aug 26th, 2013 at 7:11 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Yes, she should be checking on the status of the case, both with the prosecutors office and the court. While it doesn't often, sometimes, charges will be filed and notice is sent to a bad address.
Answered on Aug 26th, 2013 at 11:46 AM