Hit and Run - How does the DA handle this?

[David]

Some people can't handle close quarter riding/racing. We had some folks in kart racing like that. They felt like every incident was the other racer's fault and wanted to fight. We'd bar them for a weekend and then kick them out if there was a second incident. If you wanna run wheel to wheel, there has to be some give and take.

As far as the incident goes, I'd talk to the guy. Felony assault is really serious and once the guy cools off, he may realize covering the medical bills and eating some crow is a much better option.

[pmax]

Originally Posted by pwd72s

It must feel great to be a member of the spandex mafia.

You might be right. Sounds like they are going to work it out with the blessings of the local spandex Don !

Joking aside, using small claims court for a serious personal injury case is just odd.

[Seahawk]

Originally Posted by hcoles

Our take on this is that the police report will be key for if the DA decides to file charges. Any ideas on how to "work" with the police as they work on the report are appreciated.

I agree. My sister said the collarbone injury is the key: That is the baseline and it could have been worse. The arguments will start there.

Again, she was the DA for three counties in SC...different dynamic and culture but the baseline is a serious injury that could have been worse.

Do your diligence, get the witnesses interviewed, etc.

Me, personally? I would go after the guy without remorse. I hate bullies and, if your friend is correct, this guy needs more punishment than saying he is sorry.

I'd own part of him and not think twice: It could have been worse. That and he will do it again, probably has before.

BTW, my sister was an incredible DA, or, in South Carolina, a Solicitor.

[Rick Lee]

Rest assured, this is not the first time this perp has done something like this. And he's only able to keep doing it because no one has really take a piece of him yet. And wouldn't the civil suit be a lot more promising after he has a felony conviction for the same incident?

[greglepore]

The DA has a lot on his plate. You need to find out who the assistant in his office is that reviewing this is assigned to. Your buddy calls and says he is the victim. On the pretense of making sure they know of his medical situation. He then engages the Ada in plesant conversation, making it clear through his demeanor that there is only one crazy person here. The risk is the ADA thinking there's two. Once that is done, keep the pressure off/low key. Calling and saying 'you're going to charge the sob with felony assault' doesn't help. Letting the ADA know you have a broken bone and are a good bloke does.
BTDT

[carambola]

I'm with Seahawk, next time someone dies

[hcoles]

Thanks for the comments. Current situation. The victim and a witness went to the police office today to identify the perp. from 8 pictures. Since the video was from the rear, the police could not make an ID on their own. I understand the police report is now very close to ready to send to the DA. The Santa Clara County DA uses something called the four-prong test. We don't know who the ADA is at this point. Stay tuned.