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JohnRich

Legal Procedure Question, Texas

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My car was destroyed in an auto accident on Dec. 12th, and I was lucky to escape with only cuts, scrapes and bruised ribs.

The punk who hit me is charged with:
- Unsafe lane change
- Disregard of a traffic control device
- Failure to control speed
On the face of it, these all sound like minor infractions. But in fact, he smashed up two cars, plus his own, and sent two people to the hospital.

I plan on attending his court hearing, and I want to be able to make a victim statement to ensure that the judge understands how serious this incident was, for purposes of getting the punk a stiff penalty.

A court clerk tells me that if the punk pleads guilty or no contest, then the judge issues a sentence, and it's all done - without me having a chance to speak. However, if the punk pleads innocent, then there's a trial and I'll be subpoenaed to testify.

My question: Is there some legal procedure in Texas that would allow me to speak before sentencing, if the punk just pleads guilty?

Attached: photo of my once beautiful Riviera.

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I would call the district attorney's office that will be attending the hearing. I'm not a lawyer, and that's all I can think of.

I'm glad you weren't hurt!! That looks like it was quite a bump!

The Riviera was probably Buick's last nice "looker".
So I try and I scream and I beg and I sigh
Just to prove I'm alive, and it's alright
'Cause tonight there's a way I'll make light of my treacherous life
Make light!

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In most states, unless a CRIMINAL citation is issued there is no forum for a victim impact statement. Your only other option would be to personally write the judge and ask to speak at the hearing. As you stated, if he pleads guilty or no contest at the initial hearing there will be no additional hearing. I'm sorry about your accident.

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Did the "punk" have insurance or under the influence of anything? I'd files suit if you answer yes to either. If not it would be something to add in your letter to the judge or in your oral statement.

Under the public information act you could possibly get his past driving record and use that against him.


CSA #699 Muff #3804

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Part of the problem is that you are not a party to this. It's the People of of the State of Texas v. Punk. If there is a plea deal, it is up to the judge to confirm it. And that's the thing - it's a deal between the DA and Punk, not you.

I'd contact the DA to see what can be done, but they usually don't care much about these things.


My wife is hotter than your wife.

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Did the "punk" have insurance or under the influence of anything? I'd files suit if you answer yes to either. If not it would be something to add in your letter to the judge or in your oral statement.



My research so far is "interesting".

He was convicted of drug dealing and sentenced to 10 years in prison. He served four, and was paroled. Thus, he was free to be out on the streets again to run into me. Thanks, parole board.

There are several other minor arrests listed on his record, like leaving the scene of a minor accident without exchanging information.

He had no driver's license.

His car registration is suspicious. It's listed in two names, not his, and neither of those names are in the phone book. And the street name listed as the address for those two names doesn't exist on maps. I suspect it's a fake registration.

The accident report lists insurance, but that's up to my insurance company to go after them, if it's valid, to recover their costs. My insurance will be paying for my car and medical bills. So I'm not really taking much of a financial hit.

I'm still considering a civil suit, but I don't think it would be worth much. No broken bones. The worst of it was bruised ribs, which hurt like a mutherf... for about three weeks every time I moved. I don't think that's worth much for "pain and suffering".

Thanks for the input, so far. Looks like I'll be writing a letter to a DA and a judge, to let them know that I don't expect this to be plea-bargained off cheap.

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Man it sucks to get hit by such a fucking dirtbag like that cunt. Problem is, he'll serve a few more years then get out again. :S

I was gonna say "torch the motherfucker's house" if he gets off light, but then again, he probably don't have much of a place to live in anyway. :|

I ran over a tire on the highway that had fallen off some car and was still rolling vertically when my left front tire slammed into and over it. It was at night so I had no chance to see it in time. $4000 in damages and the stupid fucker had no insurance nor a valid drivers license. I was only out my deductible though, but still.... >:(

"Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban

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My research so far is "interesting".

He was convicted of drug dealing and sentenced to 10 years in prison. He served four, and was paroled. Thus, he was free to be out on the streets again to run into me. Thanks, parole board.

There are several other minor arrests listed on his record, like leaving the scene of a minor accident without exchanging information.

He had no driver's license.

His car registration is suspicious. It's listed in two names, not his, and neither of those names are in the phone book. And the street name listed as the address for those two names doesn't exist on maps. I suspect it's a fake registration.



How many jumps?


:D:D:D:D

Walt

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Man it sucks to get hit by such a fucking dirtbag like that cunt. Problem is, he'll serve a few more years then get out again. :S

I was gonna say "torch the motherfucker's house" if he gets off light, but then again, he probably don't have much of a place to live in anyway. :|

I ran over a tire on the highway that had fallen off some car and was still rolling vertically when my left front tire slammed into and over it. It was at night so I had no chance to see it in time. $4000 in damages and the stupid fucker had no insurance nor a valid drivers license. I was only out my deductible though, but still.... >:(



I'll be expecting my royalty payment.:D

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I'm still considering a civil suit, but I don't think it would be worth much. No broken bones. The worst of it was bruised ribs, which hurt like a mutherf... for about three weeks every time I moved. I don't think that's worth much for "pain and suffering".



Actually, you may not have to go to a civil suit to get covered for "general damages." You may wish to at least talk to a personal injury attorney, even if you decide not to go forward with it. I ended up working with one after I was injured in an accident, but my injuries were a lot more extensive than yours sound like and had a lot longer recovery period (about 11 months all told, though I was back at work pretty quickly). We had three insurance companies involved (my health insurance, his auto insurance, and my auto insurance), and multiple health care providers all of whom wanted to get paid NOW even though the settlement money wasn't coming till all my care was completed and signed off and wrapped up with a little bow (and all the reports were done). I think my total cost of care was in the $75,000 range, and my settlement ended up being around $140,000 - which was to cover care, loss of employment (I had about 2 full weeks off work, plus another 3 weeks part time, all of which was covered with PTO, but the settlement was supposed to make up for all that), and "general damages". With the attorney taking her 1/3, I didn't exactly walk away with a massive amount of money, but I did ensure that I got everything covered by insurance and had some money to play with. I'm pretty sure it would have been a lot tougher to get the quality of care that I got had I relied on just working with my own health insurance company (an HMO not known for doing a good job in acute rehab cases) or having to navigate auto insurance claims for personal injury (something I knew nothing about).

Anyway, that's a long-winded way of saying that a lawsuit was not necessary at all to still get something above and beyond the cost of medical care. It may be that the law is different in Texas, but it may be that your first line is to go through an insurance settlement not through the legal system.

Oh, and you might want to get over the idea of getting any sense of justice through the criminal justice system. The fucktard that hit me blew through a red light, totaled a brand-new car with two occupants (both of whom were fine - saved by airbag technology), then spun around and hit me, a pedestrian in the crosswalk). He was slapped with ONLY a red light violation, which he hired a lawyer for and got off on a technicality.

But, he got it in the ass on insurance as I'm pretty sure after both I and the other person he hit filed claims that he's fairly uninsurable at this point.
"There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." -P.J. O'Rourke

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Firstly, although you have been given decent advice so far, the DA isn't anywhere near this case. You need to get in touch with the city's municipal prosecutor. If its not a muni-court then get a hold of the Justice of the Peace that will be overseeing the case. All three of those charges are Class C misdemeanors, DA's don't typically see anything lower then a MA and MB for the CA's office.

All you can do is contact the proper court and explain your situation. Since they're MCs then the fine can not be more then $500 apiece in accordance with the Texas Transportation Code.

Your absolute best bet is a civil suit and a good attorney that understands traffic law and liability.
--"When I die, may I be surrounded by scattered chrome and burning gasoline."

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If the guy has insurance, his company should be contacting JohnRich to arrange a payment in exchange for his signature releasing them from future liability.

How the hell did your car insurance get involved in your accident when you were a pedestrian? :S:D

Blues,
Dave

"I AM A PROFESSIONAL EXTREME ATHLETE!"
(drink Mountain Dew)

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I ran over a tire on the highway that had fallen off some car and was still rolling vertically when my left front tire slammed into and over it. It was at night so I had no chance to see it in time. $4000 in damages and the stupid fucker had no insurance nor a valid drivers license. I was only out my deductible though, but still.... >:(



I'll be expecting my royalty payment.:D


Believe it or not, I WAS thinking of your past use of those two words when I typed them, and laughed. I had a feeling you were gonna pipe in afterwards. :D:D:D
"Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban

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How the hell did your car insurance get involved in your accident when you were a pedestrian? :S:D



Because he had the Washington minimums ($25,000 per person) for liability ... so since my claim was higher than that, after we'd exhausted his coverage, it went against my uninsured/under-insured motorist coverage. Which apparently protects me in any auto accident in which I am involved ... regardless of whether I'm in any of the vehicles. :D
"There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." -P.J. O'Rourke

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Oh, and you might want to get over the idea of getting any sense of justice through the criminal justice system. The fucktard that hit me blew through a red light, totaled a brand-new car with two occupants (both of whom were fine - saved by airbag technology), then spun around and hit me, a pedestrian in the crosswalk). He was slapped with ONLY a red light violation, which he hired a lawyer for and got off on a technicality.



NAH NAH NAH NAH NAH (Hands over ears, don't want to hear it!)

If that happens, it'll really piss me off. But I half expect it. And I'm not sure I want to exact personal revenge on someone who's done hard time in prison - he's probably better at getting even than I am...

Sorry to hear about your accident. Yikes.

Life is fickle. You can be minding your business, doing everything exactly as it's supposed to be done, and some idiot comes along and tries to kill you. Kind of like skydiving. Another good reason to enjoy life to the max while you can.

Thanks for the advice about insurance settlements.

Attached: the scum bag's criminal record, which I obtained online for $3.57 from the state. He looks like the all-American boy, don't he? But underneath that pretty-boy face, he's covered in prison tattoos.

Well heck, the format of that html file is screwed up and doesn't include attached photos. So here's a 2nd attachment of his photo.

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Life is fickle. You can be minding your business, doing everything exactly as it's supposed to be done, and some idiot comes along and tries to kill you. Kind of like skydiving. Another good reason to enjoy life to the max while you can.



Yep, it's part of why just under a year later I was hanging off the strut of a 182 for the first time. B|
"There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." -P.J. O'Rourke

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Life is fickle. You can be minding your business, doing everything exactly as it's supposed to be done, and some idiot comes along and tries to kill you. Kind of like skydiving. Another good reason to enjoy life to the max while you can.



Yep, it's part of why just under a year later I was hanging off the strut of a 182 for the first time. B|


I miss that some...I don't know of any 182's running regularly in NorCal anymore! I guess the closest would be to do a midweek jump in Davis.

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John, condolences on your car; it looks like it was a beauty. I'm glad you weren't badly hurt.

In Texas, you have the right to submit a written Victim Impact Statement. Do it. Contact the DA's office ASAP.

If it's important to you to make an oral statement in court, tell that, both orally and in writing to the supervisor of the unit in the DA's office that is handling the case. And if you feel like it, write a letter to the judge. What's the worst that could happen? Maybe he will choose to disregard it, becuse it's not evidence in court, or maybe he will consider it. But it is likely that his secretary or law clerk will show it to him, and that he will read it - and as the saying goes, "you can't un-ring a bell."

Also - again if you want to speak up in court - attend the sentencing hearing, and tell the assistant DA in the courtroom, before court begins, that you want to make a statement at sentencing. If he/she isn't cooperative, tell the courtroom clerk, too.

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He looks like the all-American boy, don't he?



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Prolly a swooper too! :S:ph34r:



You don't have to swoop to do 270's:ph34r:
I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

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