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Originally Posted by hoojs12840
Expensive lesson. Had he just not left the scene. All this would not have occured. You can say they legal system is corrupt and the DA just wants numbers. Your husband put himself in this position, I hope he just made a mistake, but from a fact point of view, it doens't look that way. I doubt that the police officer, the DA, and the security guard all conspired to "get" your husband. These are all normal everyday people not much different than you or I. Slandering them doesn't make what happened change.
As for your attorney had you just called the DA you might have avoided the high charges for that. It seems your emotions cost you money. I hope your husband has a long career in trucking and rebounds, but to do that accepting responsibility has to happen. Know one is disputing that he hit the light post, but that he left. MAY had to tell him to call if he had a incident, that and common sense says to at least call dispatch....
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The law did not require him to stay at the scene. I do not know if you are a truck driver but would you stay in a dark parking lot with two guys after dark when the business is closed and you have a full trailer???
Granted he should have called dispatch immediately instead of waiting until morning and let them handle it and he could have also gone back in the morning. Even though at May the night dispatch is pretty much worthless. Not just my husband but other drivers on this board have said the same thing. My husband says he should have handled things differently and did the next time when he had a little fender bender in a truck stop.
That being said it does not justify the police officer falsifying a report and leaving out important information. It does not justify the police officer writing my husband up for a felony charge for which the police officer KNEW he did not commit. I would call that very corrupt :x
And for the DA to push for a Grand Jury Indictment even though the police officer made up things and left things out of the report there is nothing at all that would suggest that he intentionally damaged property. When it stated that the officer got the insurance information (that would be accident insurance) to give to the BLM.
And the security should have identified himself and asked for the information instead of just helping my husband get out of the parking lot.
One Lawyer said he probably just wanted to play hero! There is no logic in him not identify himself.
As far as points for the DA's record that is why they want my husband to plea guilty instead of No Contest that was told to us by the Lawyer that is the reason why the DA is insisting that he plea guilty. Now if you want to tell the DA she does not need points for her record and that his pleading No Contest caries the same punishment go ahead.
My husband has said that he should have handled it differently but what about the security guard??? Did he handle it right? What about the police officer making false statements and accusing my husband of a felony when he knew it was not one.
What about the DA? My husband has paid for his error what about the way they handled things??? They are left to do the same thing over and over to other people and it is wrong what is going on.
If I lied in court or on a sworn statement that is okay? NO! And police officers should not falsify reports. DA's should prosecute for an accident as if my husband was mad at someone there and intentionally took his truck in there and intentionally damaged property.
Yes, my husband had an accident and yes he did not call dispatch. Was it company policy. Yes he was shook up. Is it required by law NO!
Does this justify anyone else's actions NO! They should take responsibility and be penalized in the same manner that anyone who makes false statements and knowing charges someone with a crime they know they did not commit.
And as far as BLM $11,000 seems high to me for even a 35 foot tree. I know they could have used epoxy and it would have been just as good as new for the light but they refused to. That is what the guy told me who was working on it. That would have been far cheaper than the $8,000 they charged.
They have caused a hardship for our family by charging him with a class C Felony Criminal Mischief in the First Degree and that was false charge. And unfortunately they will get away with their actions.
If we were in a different financial position we would fight it and fight to ensure that the type of actions that were taken against my husband did not happen to someone else.
Corruption is all to common in our society and we are either to busy or look the other way or make up excuses to justify it. I fear for our country. One day our indifference will come back to bite us.
Goin Fer It's Wife
