I'm not a prosecutor but I can't find anything in the statute that says you can't run in your house if you wreck right in front of it. If he never returned that's a different story.

Here's how the WV statute reads:

 

§17C-4-2. Crashes involving damage to vehicle.

The driver of any vehicle involved in a crash resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such crash until he has fulfilled the requirements of section three of this article. Every such stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or comply with said requirements under such circumstances is guilty of a misdemeanor and, subject to the penalties prescribed in section one, article eighteen of this chapter.

If he is "allowed" to run in his house and come back out he could easily claim he took a few shots of whiskey to calm his nerves while he was inside.

If he is "allowed" to run in his house and come back out he could easily claim he took a few shots of whiskey to calm his nerves while he was inside.

 

Yes he could claim that but if drunk the police officer should still arrest and ultimately let a jury of his peers decide if they buy that story.

Yes he could claim that but if drunk the police officer should still arrest and ultimately let a jury of his peers decide if they buy that story.

 

:thumb:

 

 

I'll be very interested to see how this turns out for you Spindoc (hopefully in your favor). Strange case.

If he is "allowed" to run in his house and come back out he could easily claim he took a few shots of whiskey to calm his nerves while he was inside.

 

I remember seeing something similar to this on a tv show once, where somebody actually gave the person a bottle and told them to start drinking...thus eliminating (or certainly reducing) the ability of the cops to determine whether the person was drunk before the incident. Not sure how that translates to real life. Or if a drunk person would be able to think that clearly to come up with something like that at that particular point in time or not.

I'm not a prosecutor but I can't find anything in the statute that says you can't run in your house if you wreck right in front of it. If he never returned that's a different story.

It was his love interests house. He is a buckeye sampling from the WV old lady supply.

It was his love interests house. He is a buckeye sampling from the WV old lady supply.

 

 

You can basically disregard all of my posts because I thought it happened in Kentucky :lol:.

 

I have no clue what constitutes as "leaving the scene" in West Virginia.

I'm not a personal injury guy, but this isn't a personal injury case. Seems like you have a negligence case here. You need to get with someone licensed in West Virginia to walk you through this to see if the cost of litigation is worth the recovery. What you are looking at is, basically if you are less than 50% at fault you can recover less your percentage of fault. So if damages are $1000 and you are 37% at fault (as found by jury or judge) Your recovery is $630. I would at least get the report from the police and get with an attorney who you can trust.

That makes sense. But wouldn't that be on the back of my insurance company? I ask because I don't fully understand the scope of why I need to spend more money out of my pocket to fight this one when it's he said (sober) vs. he said (drunk) and how in the world is this gonna get ironed out whether I take the initiative or if the Ins. Co. does it in my stead and for their benefit, considering it's coming out of their pocket initially (followed by mine in increased premiums later I'm sure)

You can basically disregard all of my posts because I thought it happened in Kentucky :lol:.

 

I have no clue what constitutes as "leaving the scene" in West Virginia.

 

Going back for your dentures qualifies as leaving the scene in WV.

Here's my truck: (I know it's sideways, I can't remember how to edit it to turn it. Humor me and look at it cockeyed)

Nothing a little duct tape can't fix.

Here's his tank, also sideways:

His car doesn't look like it's even scratched.

Nothing a little duct tape can't fix.

 

I got one drink out of the large diet coke, the rest is on the dash. Another rearend chaffer.

His car doesn't look like it's even scratched.

I went under his a little because it was standing on it's nose. I slid for ever on the damp road. New tires and full of gas. figures!~