Bisbee, AZ asked in Criminal Law, Personal Injury and Car Accidents for Arizona

Q: I was stopped, waiting to turn left out of a small mall plaza in SE Arizona.

A half dozen cars were turning left into the mall. One took aim at the front of my truck and kept smashing through until her entire side was damaged, instead of stopping on impact. Two teen girls were watching. My truck was not drive-able. She pulled over 200 feet into the mall lot and never got out of her vehicle. When I went to take photos, she said I rammed into her. The police arrived and never tested her for alcohol as per my request and never had her step out of her car. They got witness statements but she even filed with my insurance before I did! I am so mad. She lied to cops: A.R.S. 13-2907.01. No one got a ticket; it was like vehicular assault on me and she probably wants to sue me for $250,000. What a con artist. What is best way to charge her with A.R.S. 13-2907.01, when the cops felt so sorry for the pretty lady who couldn't get out of her car due to her injury. No injuries for me except anxiety and no pickup worth a few thousand. Do people really get away with this?

1 Lawyer Answer
Stewart Salwin
Stewart Salwin
  • Criminal Law Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: There is no legal mechanism for an individual to initiate criminal charges. In this sense, there is no such thing as "pressing charges." A victim may only agree to cooperate with the law enforcement agency. For charges to be initiated you would have to convince the police to file a report and then the prosecuting agency would make the decision as to whether to file charges. If you think you have a personal injury case against somebody, you would need to consult with a personal injury lawyer who could then bring a private lawsuit on your behalf.

1 user found this answer helpful

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