QUESTION
Why wouldn't they arrest an unlicensed driver that was involved in the fatality of a pedestrian?
Asked on Oct 30th, 2013 on Personal Injury - Rhode Island
More details to this question:
A 21 year old man was riding his bike and struck by a car driven by a man with a suspended license and, I think, on probation. Yet they didn't arrest the driver. Isn't an arrest mandatory in this instance?
4 ANSWERS
Ronald A. Steinberg
It is up to the prosecutor to decide. The laws, and the administration of the laws, is not consistent throughout the US. Not even within a state or the various cities within the state.
Answered on Nov 05th, 2013 at 3:53 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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When did arrest become mandatory? Arrest is based on a proper warrant first. Did anyone obtain a warrant? Maybe there is a reason no warrant issued, Maybe like he is not guilty of any criminal wrong doing.
Answered on Nov 04th, 2013 at 5:28 AM
Edwin K. Niles
Citation. The fatality has nothing to do with driving w/o license. However, if it is clearly the fault of the driver, he/she could be charged with a serious crime.
Answered on Nov 04th, 2013 at 3:42 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Arrests are never mandatory. Police have discretion to bring charges or refrain from bringing charges. Also, there are some offenses for which a traffic ticket can be issued to bring the charge, rather than an arrest. Also, it is possible that the police are still investigating the incident and will bring charges upon completion of the investigation.
Answered on Nov 01st, 2013 at 9:13 AM