Legal Question in DUI Law in California

Accident while drunk, but no police. Please help

I was drunk while leaving a night club and hit a car's rear bumper with my own rear end while reversing. No damage to my car and only minor paint chipping and loose bumper of other car. I did not provide my insurance bceause i did not have it on me. The police did not show up to write a report.

The other party took down my registration and driver's license information and two days after she told me that a toyta dealership quoted her $2,200 for the damage. This is a 98 camry. I asked her to take the car 15miles towards my direction to get it appraised at a third party autobody shop and she refused. Can anyone please tell me what are my options? Can I be arrested for a DUI even though there was no officer on site? I did not continue to drive that night after this incident.


Asked on 3/28/06, 11:23 pm

2 Answers from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Accident while drunk, but no police. Please help

Your options at this point are quite simple:

1. Turn the claim in to your insurance company and let them deal with it.

2. Pay her what she is asking for.

3. Don't pay her and let her, or her insurance company, sue you in small claims court and get a judgment against you.

4. Don't do anything and see if she calls the police and reports it for a hit and run, in which you case you will still owe her the money AND you will need a criminal defense attorney.

5. Stop drinking and driving.

I don't mean to sound harsh, but the reality of the situation is that you are extremely lucky that no one was hurt or killed and that you did not get arrested. I wouldn't argue with her at this point, if I were you.

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Answered on 3/31/06, 3:41 pm
Richard Wagner Wagner & Zielinski, A Professional Law Corp.

Re: Accident while drunk, but no police. Please help

Can anyone please tell me what are my options? Can I be arrested for a DUI even though there was no officer on site? I did not continue to drive that night after this incident.

You can be arrested for DUI, hit and run. However, there is very little proof for the DUI outside of you saying you were drunk. Don't talk to anyone about your case and quit saying you were drunk driving. You can pay her some amount of money to try to settle the case, but she can take you to small claims and it can get ugly.

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Answered on 3/29/06, 2:47 pm


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