Legal Question in Criminal Law in Virginia

Indirectly involved in car accident

Some teenagers tried to get me to race with them at a red light. When the light turned green we both took off and the other driver sped around a curve and lost control of his vehicle. He veered into oncoming traffic and hit several cars and severely injured a person. I stopped briefly at the scene (a witness validated this). My pregnant girlfriend was hysterical and traumatized, so I proceeded to leave the scene after ambulances arrived to give assistance. Shortly thereafter, I was pulled over by the police and required to return to the scene of the accident. I was then charged with a Hit and Run and Racing charge because ''somebody thought they saw us racing''. The magistrate later refused to validate the Hit and Run and reduced it to Failure to Stop and Render Aid. I was released on my own recognizance. During my pretrial hearing, the prosecutor chose to ''Nolle Prosse'' the racing charge and only brought forth the Failure to Stop Charge. The Judge refused to certify the charge. 3 months later, I was indicted by a Grand Jury for what are now 3 charges instead of 2: Reckless Driving-Racing, Cause Injury by Racing (Felony), Hit and Run (again!!). I did not physically hit any motor vehicle or injure any persons. Can they do this???


Asked on 5/01/08, 10:59 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Indirectly involved in car accident

Can they do this, you ask, i.e, indict you on these

three charges by convincing a grand jury that there's a reasonable basis for so doing?

Why of course, they can, and obviously have. Does that mean you're guilty of these charges beyond reasonable doubt? Of course, not, but in the meantime you had better be rounding up a competent criminal defense counsel to take things in hand in terms of conducting your defense. (There was a case decided last year by the Virginia Supreme

Court with facts somewhat similar to yours which favored the defendant in the decision.)

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Answered on 5/02/08, 9:56 am


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