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bluecountry518 · Feb 23, 2011, 10:57 AM

I was involved in a single vehicle accident in which the driver (in the same vehicle as I) was killed. Officers conducting the accident reconstruction wrote a report stating I was the driver and now 'vehicular homicide' is on my record but I was never charged or punished. How can I get it cleared from my record and is there a possible lawsuit involved? I've been paying $650/month for car insurance because of this.

excon · Feb 23, 2011, 11:22 AM

Originally Posted by bluecountry518

I've been paying $650/month for car insurance because of this.

Hello b:

I don't know WHY you bought $650 a month insurance based on incorrect data. If I knew that an investigation would save me $600 a month, I would have made SURE that such an investigation was done...

In order to figure out where to go, I need some information.. Do you have ANY investigation results yourself? Did you just take the insurance company's word about what they found? How long ago did this happen? You can certainly go to the DMV and pull your driving records yourself and see what they say... It'll give you the court's name that placed the item in your record, and that'll be the place to go next.

excon

bluecountry518 · Feb 23, 2011, 11:27 AM

No other insurance company would take me on or take me on for less due to the accident. Maine's law is you cannot drive a vehicle without insurance so I had no choice in the matter until I can get this cleared. The accident occurred about 8 months ago. I've contacted the DMV and it's definitely on my record. I've contacted the PD who conducted the reconstruction and it's in the report but they could not tell me why I wasn't properly accused or charged.

bluecountry518 · Feb 23, 2011, 11:28 AM

No other insurance company would take me on or take me on for less due to the accident. Maine's law is you cannot drive a vehicle without insurance so I had no choice in the matter until I can get this cleared. The accident occurred about 8 months ago. I've contacted the DMV and it's definitely on my record. I've contacted the PD who conducted the reconstruction and it's in the report but they could not tell me why I wasn't properly accused or charged.

excon · Feb 23, 2011, 11:48 AM

Originally Posted by bluecountry518

I've contacted the DMV and it's definitely on my record. I've contacted the PD who conducted the reconstruction and it's in the report but they could not tell me why I wasn't properly accussed or charged.

Hello again, blue:

Talk is cheap. Did you SEE the DMV record?? Did you SEE the police report?? If not, go get copies of them, and report back. Do I believe what a bureaucrat tells me on the phone? NO! Do I believe what the cops tell me on the phone? NO!

excon

AK lawyer · Feb 23, 2011, 11:55 AM

Originally Posted by bluecountry518

... I've contacted the DMV and it's definitely on my record. ...

But the question is how come it's on your record and, if so, why public records (records available for any member of the public to see) can be modified on the basis of what amounts to unsubstantiated police reports.

Originally Posted by bluecountry518

... I've contacted the PD who conducted the reconstruction and it's in the report but they could not tell me why I wasn't properly accussed or charged

Prosecutorial discretion. They don't have to charge you if they don't want to. And if they don't think they have a case that can stick, they don't want to.

bluecountry518 · Feb 23, 2011, 12:36 PM

Which would mean it shouldn't be on my record correct?

AK lawyer · Feb 23, 2011, 05:20 PM

Shouldn't and isn't are two different things.

In my opinion, it shouldn't be, but it might be there anyway. So, as Excon says, get a copy yourself. If it is there, it's just the officers' opinion that it was your fault. That, alone, shouldn't carry any weight.