Q: My parents and sister were in a fatal car accident. The driver was able to leave the scene, why?

A: In California, the law does not mandate breathalyzer tests in all fatal car accidents. However, if there is reasonable suspicion of intoxication, law enforcement may administer a breathalyzer test.

If the driver left the scene of a fatal accident, it could be considered a criminal hit and run, subject to penalties under California law.

If the police report contains false information, it can potentially impact the case but may not automatically result in the dismissal of all charges. The credibility of the report and its impact on the investigation will be assessed in the legal proceedings.

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

A: I am sorry for your loss.

In response to your questions:

1. No. Vehicle Code 40300.5 allows a police officer to make an arrest at the scene with probable cause of alcohol influence.

2. No. If the driver stayed, that is sufficient. Or, if the driver exchanged information at the scene and called police, if not already present, that is sufficient. Vehicle Code section 20001.

3. No. Police reports are frequently wrong in some respect. What is important is the evidence. Lying police officers, if exposed, sometimes result in not guilty verdicts, if a crime is charged.

4. Probably no one, but it is impossible to say without knowing any facts. Police have been known to cover up. Families of victims, in their grief, sometimes believe conspiracies. Evidence is important.