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  #1  
Old 10-30-2017, 01:23 PM
verolugo70 verolugo70 is offline
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Default In an accident, husband arrested for assault with deadly weapon and DV

Hello, hoping to get some feedback on this because I'm really confused right now! My husband was recently released from prison and has been doing great! A few days ago we were involved in a car accident, my husband and the other driver had some words (nothing threatening) well when the cops arrived they totally went off the accident and never asked for my license, insurance or if we were ok! I'm like what the hell my car is messed up and I never was able to get the other guys insurance info. And the most craziest part is they frkn ARRESTED my husband and when I look up his charges...1) assault with a deadly weapon 2) domestic violence. Plus the hold from the p.o.!!!! WTF!! I have no car and I cant go to his court date. My question I guess is should I call his p.o.? This is the craziest thing!!! Thank you for taking time to read this
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Old 10-30-2017, 01:41 PM
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It's not at all uncommon for a felon on paper to be handcuffed and placed in a patrol car during a traffic stop or after an accident but being arrested is out of the norm. There's several possible reasons...if the other driver called the police and said that they were being threatened. If your husband had charges/warrants elsewhere that the court missed upon release. If when cuffed your husband retaliated against the police instead of complying. There's no way for us to tell unfortunately.

Call his PO and see if they will give you any information. I would think at some point they would have to take witness statements for the accident. Get a copy of the accident report and the arrest report to see if there's any insight there. IF he doesn't have any warrants and this is all just a big mix up then hopefully the judge will see that when he goes before them.

Try to stay calm and take it one day at a time.
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Old 10-30-2017, 01:52 PM
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Thank you! Ive been trying to stay as calm as possible for the past 2 days. I havent even been able to deal with the car and the damages. The crazy thing is he has done everything theyve asked him to and as far as a police report, I've called the station and they have no report! I am so lost on where to go with this. He has court tomorrow so hopefully I can get a hold of his PO. Thanks again.
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Old 10-30-2017, 02:20 PM
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Difference of opinion, but I would NOT call the PO. The PO knows he's in jail if he's in jail w/a parole hold. Plus, you never know if something you say is going to be misconstrued and be held against your husband by the PO.

EDIT: It could take anywhere from 2-3 days to a week -10 days for an accident report to be available.
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Old 10-30-2017, 02:46 PM
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Quote:
Originally Posted by patchouli View Post
Difference of opinion, but I would NOT call the PO. The PO knows he's in jail if he's in jail w/a parole hold. Plus, you never know if something you say is going to be misconstrued and be held against your husband by the PO.

EDIT: It could take anywhere from 2-3 days to a week -10 days for an accident report to be available.
I thought about that too. Im just freaking out why those charges were put on him, it was a car accident. STRANGE!
Ive never been in an accident before but I thought they would ask for my license or insurance as soon as the cops got there the other driver was gone.
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Old 10-30-2017, 02:54 PM
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Quote:
Originally Posted by patchouli View Post
Difference of opinion, but I would NOT call the PO. The PO knows he's in jail if he's in jail w/a parole hold. Plus, you never know if something you say is going to be misconstrued and be held against your husband by the PO.

EDIT: It could take anywhere from 2-3 days to a week -10 days for an accident report to be available.
I agree 100% with this.
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Old 10-30-2017, 04:15 PM
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Quote:
Originally Posted by verolugo70 View Post
I look up his charges...1) assault with a deadly weapon 2) domestic violence. Plus the hold from the p.o.!!!! WTF!!
Were you guys arguing in the car just before the accident?

I find it hard to believe he would have been charged with DV unless he either made a confession at the scene or someone else witnessed something.

I'd make sure they don't have a restraining order against him on you before you try contacting him, just to be safe.
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Old 10-30-2017, 04:39 PM
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Quote:
Originally Posted by Nickel Timer View Post
Were you guys arguing in the car just before the accident?

I find it hard to believe he would have been charged with DV unless he either made a confession at the scene or someone else witnessed something.

I'd make sure they don't have a restraining order against him on you before you try contacting him, just to be safe.
Thats what has me lost, we were not fighting at all, we were driving my son to work, it was dark so i had my brights on and the guy stopped and got out of his car and started cussing..turn off your fkn brights you dumb b! my son and husband got out and he got back in his car and started to speed up so i kept going, all of a sudden he slams on his brakes and that was it for me i couldnt stop in time. Then everything happened so fast. Wierd
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Old 10-30-2017, 04:48 PM
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Road rage...the deadly weapon is the car. Domestic violence could be because your son was in the vehicle and there's no telling what the other driver told the police. Their insurance company will contact yours (if you gave them that information or the police did). And any time there's police contact the PO will be notified so that's probably what the hold is for.
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Old 10-30-2017, 06:51 PM
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Quote:
Originally Posted by Fridyrr.Likn View Post
Road rage...the deadly weapon is the car. Domestic violence could be because your son was in the vehicle and there's no telling what the other driver told the police. Their insurance company will contact yours (if you gave them that information or the police did). And any time there's police contact the PO will be notified so that's probably what the hold is for.
It doesn’t sound like he was driving though... can a passenger be charged in that manner?

I’m guessing a little more went on during that first “discussion” than we’re being told. Then if the dude sped up and you took it upon yourself to speed up as well and follow him so closely that you weren’t able to stop... I think you might be lucky you didn’t get charged with something too. Is the son an adult or a child?

Also... you wouldn’t need the other driver’s insurance because you were at fault in the accident. You can report the damages to your insurance but his insurance won’t owe you anything.
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Old 10-31-2017, 06:08 AM
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Quote:
Originally Posted by Marseille View Post
It doesn’t sound like he was driving though... can a passenger be charged in that manner?

I’m guessing a little more went on during that first “discussion” than we’re being told. Then if the dude sped up and you took it upon yourself to speed up as well and follow him so closely that you weren’t able to stop... I think you might be lucky you didn’t get charged with something too. Is the son an adult or a child?

Also... you wouldn’t need the other driver’s insurance because you were at fault in the accident. You can report the damages to your insurance but his insurance won’t owe you anything.
I am guessing that when the dust clears, OP's husband has fallen on the sword to protect OP from being charged with the road rage incident. I also concur that there is a lot more to the incident than has been (or should be) discussed here.

Having seen these sorts of incidents in other offense reports, my guess is going to be that the other driver used their cell phone to call 9-1-1 to report the incident before the point of impact. This would explain the quick cuff-n-stuff once police arrived. Charges filed at the initial booking do not always match what is formally pursued by the prosecutor...as the reports are completed, the State will make a determination of how best to proceed.
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Old 10-31-2017, 11:41 AM
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I feel bad for her husband..I hope he doesn't go back to prison for this.
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  #13  
Old 11-01-2017, 12:15 PM
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And depending on your state, the other drivers aggressive driving behavior MAY constitute "contributing to an accident" in which case neither would be totally at fault (its like that in my state of Maryland). Either way, regardless of fault, the police should've exchanged information for the driver's, but if the other driver was gone that wouldn't be possible. Good luck. I really hope it turns out well for you two!
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