drunk driving with heavy property damage on private property
neighboors friend overdrinks attempts to leave their yard..hits neighboor with front of car and then runs through my fence down the hill into my zero turn radius lawnmower and storage building damage around 7-to 8,000 dollars..neighboor dropped her charge and the only thing else the police charged her with is no insurance....she was drunk drunk....what can be done ...reallyshe never made it to the road and they said Police they could charge her with drunk driving because she never got on the road?
2 Answers from Attorneys
Re: drunk driving with heavy property damage on private property
I'm not sure I know what you mean when you ask what else can be done? If the police do not want to prosecute, they don't have to. If, however, you are looking to be made whole from the damage caused to your property, then you can sue the driver.
Re: drunk driving with heavy property damage on private property
Are you saying they couldn't charge her with drunk driving because she never made it to the road? This actually makes sense. For a conviction of dwi, the state must prove that a defendant operated a motor vehicle, in a public place, while intoxicated. If this drunk individual never made it to a public place, then it is not driving while intoxicated.
They most likely could have charged her with something else considering the property damage though. Maybe criminal mischief or something like that.
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