Legal Question in Traffic Law in Minnesota

My boyfriend got served yesterday for a hit and run that apparently occured 11/17/06 -- the car was in his name but his brother was the one driving it and he did the hit and run and never told my boyfriend about it. The report says an "unidentified male left the scene on foot" , but they got my boyfriend's info from the title... How can we PROVE this was his brother that did this ??


Asked on 1/29/10, 1:35 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

First, since it is a criminal case, your boyfriend need prove nothing. Instead, the state has the burden of proving its case to a judty beyond a reasonable doubt. He should refrain from maining any statements to police until he speaks with a lawyer.

Second, your defense is that another person used the car. If you can find any records or witnesses that account for his whereabouts at the time of the action, there is a strong defense. Cheeck credit card records and ATM records to see if any transactions place him somewhere else. If any person heard his brother admit to the violation, that is also critical evidence.

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Answered on 2/04/10, 9:18 pm


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