Q: Dear Mr. Andrew Bennett:In answer to your question, DRUNK or STONED.
NO, He has been driving on a SUSPENDED license for 10 years. Had multiple vehicular accidents, has MANY FTA's. No, he was NOT drunk or stoned. What does that have to do with him hitting a HUMAN BEING, only stopping because there was a witness, or I would be DEAD. He was looking at a REAL ESTATE sign at a house at the intersection that I was crossing, and did NOT stop when he hit me.
If you hit SOMETHING with your vehicle, and did not see it, you will feel yourself hit whatever it was. MOST people would stop and find out what they hit. He either did not care..........which I think is the case, or he did NOT want to get caught.......BUT the witness stopped him......and YES it took her running up the street screaming at him to stop, and pounding on his door.
YES he was tested at the scene by the POLICE for alcohol and drugs.
My question is SIMPLE. SHOULD THE CHARGE NOT BE A felony FOR HITTING A PEDESTRIAN? He is being charged with a MISDOMER.
A: Previously you did not mention he failed to remain at the scene and was driving away but for a person stopping him. That fact would support a charge of leaving the scene of an accident as a misdemeanor. If your injures are within the definition of moderate or serious bodily injury the charges can be elevated to a felony. Driving While Suspended can elevate an accident to a crime, but it would depend on why he is suspended. You have indicated he has been charged, but with lesser offenses than you think appropriate. Contact the victim's assistance office at the prosecutor's office in the county where he is charged and speak to your advocate about the charges and your injuries. You will likely need to sign a release of information so the prosecutor can obtain your medical records to support an elevated charge to a felony.
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