Question for BoatCop

[diggler]

BoatCop, I was in Las Vegas this past weekend for a Bachelor Party. Well, we were taking taxis everywhere, and we passed a convertible SAAB that had rear-ended a parked semi-trailer.
Needless to say, the entire windshield was gone and the car was halfway underneath it, up to the tires of the trailer. One police car was there, but no one was in the car.
Here's my question... let's assume the guy was drunk and he wasn't hurt in this particular accident. In this particular situation, would it be worse to bail out and avoid a DUI and take a hit-and-run, leave-the-scene-of-the-accident, etc... citation, or would it be better to just take the DUI?
Just wondering, we ended up arguing the finer points of this while we were at the poker table.
Thanks!

[DeeCandyBar]

doesn't have to be a hit-and-run - he could have been injured and gotten himself to the hospital. of course he'd need to have proof that he did that and he'll have to file the accident paperwork with the authorities due to the injuries and damage.

[shadow]

BoatCop, I was in Las Vegas this past weekend for a Bachelor Party. Well, we were taking taxis everywhere, and we passed a convertible SAAB that had rear-ended a parked semi-trailer.
Needless to say, the entire windshield was gone and the car was halfway underneath it, up to the tires of the trailer. One police car was there, but no one was in the car.
Here's my question... let's assume the guy was drunk and he wasn't hurt in this particular accident. In this particular situation, would it be worse to bail out and avoid a DUI and take a hit-and-run, leave-the-scene-of-the-accident, etc... citation, or would it be better to just take the DUI?
Just wondering, we ended up arguing the finer points of this while we were at the poker table.
Thanks!
May have been a stolen vehicle.

[riverbound]

May have been a stolen vehicle.
Thats the one I would have used ;)

[YeLLowBoaT]

May have been a stolen vehicle.
And if that back fires on you, it won't matter how much lube you use....

[Moneypitt]

Regardless of the circumstances or the consequences attached to it, to flee an accident sceen is not only a crime, but it also boosts any other attached crime into the "criminal image". To flee because you were wasted will not change the mind of the sentencing judge when he throws the book at you. A simple DUI, (yes it's simple compared to the hit and run) could be plea bargined and minimal jail time attached. A hit and run changes that, and will get you the max allowable sentence. If there are injuries, and you don't stop to "render aid" you are considered to be lower than whale shit at the bottom of the ocean when the judge has his day. Don't leave the sceen of an accident unless you are taken to a hospital due to a life threatening injury. If you can drive yourself chances are it isn't going to be considered life threatening. Even if you get away for awhile, sober up, turn yourself in, the judge is going to react as though you were DUI when the sentencing comes around, so "man up" and face the consequences of your actions, you'll have a better chance of avoiding the max when the time comes, and it will come.........MP

[Seadog]

Just keeping walking around the area with no direction until sobering up and then claim that you were in a daze. Won't make a bit of difference when you come before the judge, but your wife might believe it.

[Boatcop]

This all depends on the circumstances.
Hit and run property damage is only a class 3 Misdemeanor. (lowest level) while a DUI is a class 1, with all the fines, 90 days suspension, jail, etc.
The Court MAY suspend the license for 1 year in a damage only hit and run.
Now with injuries or death it steps up a notch.
Death or serious physical injury, and the runner caused the accident is a class 3 Felony. Licensed revoked for 5 years.
Any other injury (not serious) Class 6 Felony and 3 years license revocation.
Now if the driver was DUI in any of these cases, (without running) it could lead to Manslaughter, Aggravated Assault, Criminal Damage, Endangerment, etc.
This is in AZ, other states are probably somewhat different.
Either way, if someone is hurt or killed, you're screwed.

[Mandelon]

Wasn't that the issue in the Parker deaths caused by that Rush fella? He took off and failed to aid...

[YeLLowBoaT]

I beleave hit and run in CA is a feloney

[Boatcop]

Wasn't that the issue in the Parker deaths caused by that Rush fella? He took off and failed to aid...
That was a factor, but not the main one.
Boating law in AZ hasn't kept up with what's in the Vehicle Code.
Death in a hit and run is only a class 5 felony. Injury is class 6. Damage class 3 Misdmeanor. The alternative Manslaughter, Aggravated assault etc. actually gives incentive to flee, if drunk.
We'll be trying to bring it up to the same level as the Vehicle code in the next legislative session.
AZ Boating accident laws are still more on the reporting requirement side then the rendering assistance side. Due to the numerous hit and run deaths and injuries, we'll really be pushing hard to have this changed.
Can't say if Rush was drinking/drunk or not. The final outcome was a plea to Negligent Homicide, probation, fines, restitution, and a year in jail.