Is it possible to dismiss a case when the evidence disproves a police report?

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Is it possible to dismiss a case when the evidence disproves a police report?

I was involved in a hit and run recently. I was overtaking a vehicle well before an intersection and as I was passing the front of the vehicle the driver (doing 15 under the posted speed limit and without signalling) commenced to make a left turn and hit my vehicle broadside, forcing it off of the road and into a house. They then fled the scene. The police report shows that I fled the scene (funny I was arrested in the owners driveway standing next to him) and that my vehicle ran into her when the damage and the physics clearly show that the other vehicle hit me. No proper investigation was made by the officer.Should I speak with a criminal law attorney? In Virginia Beach, VA.

Asked on June 23, 2011 under Criminal Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

On my goodness.  Well first of all I hope that you yourself have filed a police report with your version of the facts clearly stated.  I also hope that you have given your version to your insurance company and asked them to start an investigation (which really they should).  If you are sued they will also owe you a defense in the matter. A for the criminal portion, I think that it is a very good idea that you speak with an attorney on the matter.  The facts as you have written here should lead to a dismissal of the leaving the scene of an accident charge.  Things should fall in to place once you take an active part in your defense on all levels.  Good luck to you.


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