Legal Question in Civil Rights Law in California
Hit and run charge ...
My BF wiped out on his motorcycle on a state highway. I was following him in my car a few minutes behind so did not see it happen. He wasn't sure how it happened but he leaned in a turn and lost control of the bike. No drugs/drinking anything like that. The bike went off the road about 10' down into a creek. He was thrown and broke his collarbone. When I arrived on the scene, I called AAA to pick up the bike and then left with him to take him to the hospital. On the way there CHP called, apparently having been notified by AAA, and very aggressive started interrogating me. She was acting as if there was foul play, asking me why I was taking him to a hospital so far (it was the nearest hospital), etc. When I cut the conversation short because I was on a windy road and in shock because my BF was in terrible pain, she threatened to have a squad car meet us at the hospital if I did not continue the conversation. Later that evening I got a voice message from CHP on my cell threatening to arrest my BF for felony hit and run if he did not call them back. When my BF called them, the cop tried to put words in his mouth, told him that hitting the pavement was a "collision", that by law he should have called 911. Apparently the bike hit a mile marker and he said that was destruction of property. We calmly answered his questions and that was that.
We later found out CHP had the bike towed (and that CHP has stuck the mileage marker back in the ground). The bike was on private property, no longer on the state highway, still in the creek, but I believe outside the road easement for the highway. AAA would have towed it for free, but now the towing company contracted by CHP is charging us 700 dollars to get the bike back. We are wondering, was this a collision? Were we required to call 911? Can they leave a third party a msg stating another person is being charged with a felony (privacy?). Can they tow a bike off a private property? Wondering about the legalities of this event. Thanks so much. This was in Santa Cruz, Ca.
1 Answer from Attorneys
1. Do not allow yourself to be interrogated by the police. Never answer their questions. Say, I have nothing to say to you. My lawyer will get back to you.
2. Call your insurance company and they should be able to handle the state claim for the mile marker.
3. Yes, it is a collision and your BF is required to fill out a form SR-1, listing the name of his insurance company, within 24 hours.
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