car was undrivable and hazards were on- when i left to use the phone with the person who was in the other car- we both were not injured-when i returned the car was towed and the other driver was gone- he got a dui- i am looking for my car now - what should i do- knowledgable credible answers only please!
Answer:
Leaving the scene of an accident is not a crime. What is a crime is failing to identify yourself with name and address (and drivers license and registration if requested) to the other driver. (Veh. Code sec. 20002.) Did you fail to do that? Were you prevented from doing that?
Frankly, under these circumstances it would be a pretty ticky-tack prosecution. If you had somebody from the other car with you, you were obviously not trying to avoid responsibility. (Of course, right now a prosecutor would not know the circumstances.) The most important thing you can do now is try to get your vehicle out of impound--those charges are exorbitant--and contact the police and let them know why you were not there when they were.
You left the scene of an accident to use the phone? Even before everyone in the world didn't have a cell-phone, that wouldn't hold water before a judge! Get a lawyer and turn yourself in.
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