When they find him, he’s screwed.
Hope he gets it hard in prison.
is the kid white or black, because i found a possibility but it depends on your answer
Leaving the scene of an injury accident is a class A misdemeanor, with a maximum sentence of up to one year in jail.
What’s the maximum sentence for DWI and a crash causing personal injury?
Not condoning what he did, just pointing out the fact that the guy may be better off now than had he not run to those of you who seem to think he’s totally screwed.
Regardless of what witnesses say he cannot be charged with DWI now because no blood test is going to show him above the legal limit.
Damen Hale
6’ - 6’1" tall
Short dirty blonde hair / blonde
Earring in left ear
Was wearing khaki shorts, blue shirt and sandals
Smokes
2005 black Chevy Equinox
Plate - BLL-3484
(Vehicle was damaged at scene of accident and left when he fled)
Open beer bottles were found in and around the vehicle. Driver appeared very intoxicated
[quote=“camarojoe,post:24,topic:30675"”]
Damen Hale
6’ - 6’1" tall
Short dirty blonde hair / blonde
Earring in left ear
Was wearing khaki shorts, blue shirt and sandals
Smokes
2005 black Chevy Equinox
Plate - BLL-3484
(Vehicle was damaged at scene of accident and left when he fled)
Open beer bottles were found in and around the vehicle. Driver appeared very intoxicated
[/quote]
so they have him then? no more help is needed?
[quote=“RedDawg,post:25,topic:30675"”]
so they have him then? no more help is needed?
[/quote]
No, they don’t have him. That is all the info they have. He has been on the run since Sunday night.
[quote=“camarojoe,post:24,topic:30675"”]
Open beer bottles were found in and around the vehicle. Driver appeared very intoxicated
[/quote]
Without a blood test he could just as easily have been returning his empties to Tops for the refund. His “intoxicated state” was simply due to his reaction to being in a serious accident, the smell from the few drops that are always left in empties spilling. He ran because he panicked. If he has a clean record he’ll probably get a fine and probation, considering the MAX is 1 year and no one gets the max.
Again, not condoning what he did, just preparing you and your family for the likely outcome so you’re not blindsided when the legal system lets you down.
[quote=“JayS,post:27,topic:30675"”]
Without a blood test he could just as easily have been returning his empties to Tops for the refund. His “intoxicated state” was simply due to his reaction to being in a serious accident, the smell from the few drops that are always left in empties spilling. He ran because he panicked. If he has a clean record he’ll probably get a fine and probation, considering the MAX is 1 year and no one gets the max.
Again, not condoning what he did, just preparing you and your family for the likely outcome so you’re not blindsided when the legal system lets you down.
[/quote]
What about the fact it is a hit and run and that 5 of the 5 occupants have injuries? And that all 5 people (and other witnesses) can place the driver at the scene of the accident?
[quote=“camarojoe,post:26,topic:30675"”]
No, they don’t have him. That is all the info they have. He has been on the run since Sunday night.
[/quote]
so the police are unable to search licence plates now? Or is the kid on the run and not returning to his house?
[quote=“RedDawg,post:29,topic:30675"”]
so the police are unable to search licence plates now? Or is the kid on the run and not returning to his house?
[/quote]
Not returning home. At least in the words of the Niagara County Sherrifs Department.
[quote=“camarojoe,post:30,topic:30675"”]
Not returning home. At least in the words of the Niagara County Sherrifs Department.
[/quote]
ahhh ok so you don’t need help searching where the kid lives, just tips on if anyone knows where he’s hiding out. Sorry, can’t help ya with that one.
Well if it’s the kid i am thinking of he’s not 18. He’s more like 21-23, just looks young. I worked with a Damon, who fits the description exactly and drives a black equinox.
If they have the plate then they must of picked him up.
NVM, just noticed the posts above mine.
[quote=“ryanmcell,post:33,topic:30675"”]
If they have the plate then they must of picked him up.
[/quote]
No, they have the plate because he fled the scene of the accident leaving his damaged truck there. I put that in the details since people may know his truck.
[quote=“camarojoe,post:28,topic:30675"”]
What about the fact it is a hit and run and that 5 of the 5 occupants have injuries? And that all 5 people (and other witnesses) can place the driver at the scene of the accident?
[/quote]
Then he’s guilty of hit and run, causing injury. Max 1 year in jail from what I’ve read about NY’s hit and run laws. They were worse until Pataki signed a law in 05. Before the law was changes the most Devon could get was 90 days if no one died. They changed the law because people who were drunk were encouraged to leave the scene, since a DWI carried a 1 year sentence, but a hit and run was only 90 days. Basically the law said, “run away, and come forward when you’re sober”.
Gotcha, yeah that sucks that he left but sad to say JayS is right. I had a friend do something similar, hit a car when he was drunk left the scene and the cops came the next day and the witness said he was drunk, he volunteered and blew nothing, so all he got was leaving the scene of an accident which he said was only like $150 fine in Steuben County.
like i told joe im working on location as we speak hopefully will have the neccesary info later tonite
06/04/05 Penalties Increased for Deadly Drivers in New York
New York Governor George E. Pataki has signed two bills into law that will help protect New Yorkers against hit and run drivers and drunk drivers. The new laws not only increase penalties for deadly drivers who leave the scene of an accident, but also eliminate the need for prosecutors to prove criminal negligence in order to charge a drunken driver with a felony.
…The current law did not distinguish between leaving the scene of an incident involving a “serious physical injury” and an incident involving a “fatal injury” charging both as a class E felony. The new legislation will elevate the crime of leaving the scene of an incident involving a fatal injury to a class D felony, with a maximum sentence of 2 1/3 to 7 years in prison. This legislation also elevates the crime of leaving the scene of an incident involving personal injury, which under current law is a class B misdemeanor (maximum sentence of up to 90 days in jail), to a class A misdemeanor, with a maximum sentence of up to one year in jail, with a second or subsequent violation could be charged as a class E felony.
The entire statue on hit and run from the NYS Penal Codes is in there as well if you’d like to read it for yourself.
If I’m bored later I’ll look up what the maximum would have been had he stuck around and been hit with a DWI and causing a personal injury accident.
Either way, I hope you find him, and then go after him legally. My guess is the only way you’re going to get any real justice in this is through a civil proceeding.
DWI would have easily been worse. Now I agree I’m not condoning a hit & run or drunk driving, but by fleeing the scene the guy saved his own ass.
Sadly thats how the NYS law is, as much as I wanna see this guy get what he deserves for the crime he committed, but leaving just as JayS said he saved himself 1000’s of dollars of fines/lawyer bills/loss of license/probation for 3 years or so/ etc.
Camarojoe, don’t worry if NYS doesn’t stick it to him as hard as he deserves once he is found, karma is a bitch and will come back around on him.
Hope all the people in the accident turn out with minor injuries and are ok…
Here is a pic of who they believe is him
