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modink · Mar 16, 2013, 01:09 AM

I got a traffic ticket for misdemeanor hit and run. I was on a motorcycle the other driver was one of those parking inforcement guys that mark tire of car. I was making a left turn , he was rolling past the limit line at a stop sign. As I turned his vehical touched my leg(no injury) I thought it was a close call and went on my way. My attorney said something about me paying for the damage to their vehical. I don't believe there is any damage to their vehical ,therefore there was no hit and run. I'm thinking a motion to dismiss for lack of juristicion. What should the best move be for me?

AK lawyer · Mar 16, 2013, 04:53 AM

... I'm thinking a motion to dismiss for lack of juristicion

Nope. The court has jurisdiction.

Is damage an element of the crime as defined in your state? If so, consider a motion to dismiss the case by asserting no damages occurred. The prosecutor would have the burden of proving some evidence of damage. If they can do that, it will go to trial at which point they would have to prove it beyond a reasonable doubt.

modink · Mar 17, 2013, 12:25 PM

Thanks for responding to my question. The way I understand it, it all come down to the DA has to prove beond a resonable doubt that I knew the was some kind of property damage, which would require me to stop and trade information. Is this correct? Question: In the police report the location of the incident is wrong by 3 city blocks, also the location of where the police stopped me is also off by 3 city blocks. Does that matter at all? Being that the other driver involved was parking inforcement officer, will I come down to his word against mine?
Thanks Dave

AK lawyer · Mar 17, 2013, 01:10 PM

Originally Posted by modink

... the way I understand it, it all come down to the DA has to prove beond a resonable doubt that I knew the was some kind of property damage, which would require me to stop and trade information. Is this correct? ...

Not exactly. It depends on the wording of the hit-and-run statute. If I were your attorney, that would be one of the first things I would check, to see whether damage is a necessary element of the crime.

Originally Posted by modink

... question: In the police report the location of the incident is wrong by 3 city blocks, also the location of where the police stopped me is also off by 3 city blocks. Does that matter at all? ...

It can possibly be used to impeach the officer's testimony, making the officer look less credible. The fact that he or she is an officer doesn't, in theory, make his testimony more credible than yours.