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14 November 2022, 02:32 AM | #31 | |
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but yes, I digress, I was only bringing up in case it lit a fire with OP to pursue litigation, as it's going to be a waste of his money/time/resources. It's way easier here to just get it fixed with insurance, chalk it up as a horrible person not taking responsibility and hoping karma takes care of the rest. We're definitely all in agreement here that OP got the short end of the stick. |
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14 November 2022, 02:34 AM | #32 | |
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14 November 2022, 02:41 AM | #33 | |
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Personal injury and involving another person- absolutely yes can be criminal Highway hit- could go either way Parking lot and they never even got out of the car- no way criminal, that's 100% civil Could you imagine if courts started allowing *criminal* litigation for door dings? EDIT: Tennessee- https://law.justia.com/codes/tenness...rt-4/39-14-408 "Any person who knowingly causes damage to or the destruction of any real or personal property of another or of the state, the United States, any county, city, or town knowing that the person does not have the owner's effective consent is guilty of an offense under this section. |
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14 November 2022, 02:49 AM | #34 |
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PITA, sorry.
Maybe ask a private investigator look into it for you? |
14 November 2022, 02:59 AM | #35 | |
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....this is not a door ding situation either. This is damage from the operation of a motor vehicle. Ok, I'm done. I'm sure you have a retort, you get the last word |
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14 November 2022, 03:23 AM | #36 | |
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OP could be driving a $250k Porsche for all we know, $10k could be the equivalent of a light bumper tap on a carbon fiber component. Again, you're assuming 'he knows' as bolded above. In all 50 states one *must* have knowledge of the wrongdoing to ever get a conviction. Changing gears or not, that's not going to prove anything without a doubt. Additionally, any criminal case can be defended (as is a right in our constitution), so who's prosecuting the defendant then if it goes to court? There's a separation of duties, the police cannot prosecute a defendant........ |
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14 November 2022, 03:33 AM | #37 | |
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I'm not debating the facts of the OP's post any further, but to answer your question - we (the arresting officer) prosecuted all our own cases except those that fell into the jurisdiction of General Sessions Court, which was high misdemeanors and felonies. This case would have been charged and prosecuted by the same officer for us. |
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14 November 2022, 04:10 AM | #38 | |
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That's actually enlightening. I'm not an attorney myself, but I consider myself well versed on a lot of law, and thought an actual officer could not prosecute a case in any state. As I thought there always had to be some type of separation, considering they're the arresting party. Learn something new every day! |
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