The police report and security guard statement we have is VERY LIMITED. When questioned in court this will have to come out. All we have now at this point is what the police officer decided to write down on paper.
As far as not calling it in right away my husband should have called his dispatch office right away. But the fact that May Trucking kept him on after this would indicate that they believed that he was not attempting to leave the scene. And the fact that he was only 5 miles away instead of in California four hours later is also a good indication.

The fact that he was going to go back in the morning to fill out a accident report would have fulfilled his duty. Now if the security guard had identified himself and asked for papers and my husband just took off that would have been a different situation all together.

By the way Failure to Perform Duties is an automatic one year suspension of a CDL if convicted. Knowing how the legal system works I will not have my husband in court for a felony, a class A misdemeanor and a charge were he could lose his CDL for a year without an attorney.

Goin Fer It's Wife

Wow, they really tossed the book at him. So he's looking at a max penalty of 7 years in jail, for hitting a damn light pole :shock: . That sucks. I think that the only thing that he's looking at possibly not being dropped is the fail to perform the duties. But hopefully if they convict on it they will reduce it from an A Misdemeanor to a Violation. I talked to a few of my officers and they all said that the Criminal Mischief charges are crap, mainly because they will have to prove intent for the 1st degree, and prove recklessness for the 2nd degree. I'm sure there were none of either. I'm sure the security guard's testimony will clear some of that up, if he tells the truth. Good luck, hope it goes your way.

West_Coaster

The whole thing stinks! And as far as Failure to Perform Duties of a Driver the only duty when it is only property damage is
ORS 811.700
(c) If the person is the driver of any vehicle involved in an accident resulting only in damage to fixtures or property legally upon or adjacent to a highway, the person shall do all of the following:
(A) Take reasonable steps to notify the owner or person in charge of the property of such fact and of the driver’s name and address and of the registration number of the vehicle the driver is driving.


It was six hours later that dispatch called him on the phone. He was five miles away from where the accident occurred and sleeping. If he was going to flee he would have been long gone. With business closed a reasonable step would be to come back in the morning and file a report.

It is an automatic one year suspension of a CDL. If this has to go to jury so be it.

I just found out today that the BLM did have video of the accident but their tapes erase automatically every 28 days and the police did not request copies of the tape. HMMM! Maybe it would have shown the truth and not the fictional story that the police officer wrote up. I called because we wanted to get copies and have whoever we have represent us subpoena those.

Goin Fer It's Wife

Who are your officers? Just curious!

For the 2nd degree he would have to be guilty of the third degree which is an inconvience and property damage but even for second degree there has to also be intent! Told you I have been busy doing allot of research! :D

164.354 Criminal mischief in the second degree.

(1) A person commits the crime of criminal mischief in the second degree if:

(a) The person violates ORS 164.345, and as a result thereof, damages property in an amount exceeding $100; or

(b) Having no right to do so nor reasonable ground to believe that the person has such right, the person intentionally damages property of another, or, the person recklessly damages property of another in an amount exceeding $100.

(2) Criminal mischief in the second degree is a Class A misdemeanor. [1971 c.743 §146]

164.345 Criminal mischief in the third degree.

(1) A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that the person has such right, the person tampers or interferes with property of another.

(2) Criminal mischief in the third degree is a Class C misdemeanor. [1971 c.743 §145]

Goin Fer It's Wife

Opps! I just saw the reckless part! :sad:
But it would difficult to prove especially since the police did not want to get the parking lot video and we did! They erase every 28 days automatically!
I called today!

Goin Fer It's Wife

So you actually got the video before it was erased????

No, I wish we had it! We only got the letter on October 31,2006 stating that there was going to be further action. I attempted to contact BLM on Friday but did not get in touch with anyone and I just found out today about it. They said they give it to the police department if asked. They made it sound as if the police had asked for other tapes and got them.

I asked them if a crime occurred why wouldn't they save it? They said they only keep them if the police ask for it if a crime occurs. They knew it was an accident and they are getting paid for it.

Just a crooked dishonest cop! I found out he left information my husband told him about the GPS off the report but he made sure to put in that the safety guy at May said the GPS shut off about 10 minutes before the accident. The officer questioned my husband husband and my husband told him that in some areas it does not work and that he would not know how to shut down the GPS even if he wanted to. Of course that part of it never made it to the report.

Goin Fer It's Wife

My husband and his trainer dropped the load this afternoon in Seattle they had to wait a few hours to get unloaded.

The load they were going to pick up in Tacoma fell out so they are at a stop up in the Seattle area and hoping to get another load tomorrow.

My husband said it was pouring down rain all day today in the Seattle area. I told him I am glad they are not here. The wind gust today were nasty and it is raining. I felt the wind in my mini-van so if anyone is out this way, BE CAREFUL AND SAFE!

Goin Fer It's Wife

I was addicted to this thread... now I havn't seen any replies in a few days... everything OK I hope...

Sorry I had been super busy! My husband and his trainer had a one day layover in the Seattle area.

They picked up their new load yesterday and today we got to see my husband for a few hours. His trainer stayed at the truck stop. I met him and thanked him for letting my husband see us and told him next time they are by this way we would like to bring him home for a dinner. I also told him that if they are near this area around Thanksgiving time we would like to have him come for dinner also.

I did not want to bring him today as my dishwasher is not working, my carpet shampooer is not working and I need to work on some plumbing. So with all the other things I have been doing lately I have not done some of the other things I need to take care of.

This load is a large lumber load. They will be taking it back east. I will have to ask were the destination is for the drop off.

We have changed my husbands arraignment hearing date to December 1, 2006 as we have to be in court on November 30, 2006 for our Bankruptcy hearing.

I am still working on getting an attorney. We will have to borrow the money from my mother. By the end of this week I will have to make a decision. I do not want my husband to stand up alone without an attorney at his arraignment hearing.

We had a little snow up here in Idaho :) My husband is heading off to Missoula this evening as they need to have the truck checked. Some sensors are going off and my husband said they would lose power. He said it is working now but they need to have it checked.

Goin Fer It's Wife