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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33424
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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My son was killed last Sept. 05 he was a passenger in his own

Customer Question

My son was killed last Sept. 05 he was a passenger in his own truck and he fell out of the passenger door while the truck was still moving. The driver and other passenger drove off and left him laying there on the side of the road. They both had access to cell phones yet they claim they were going to get help. I believe that if they had called 911 immediatly my son would still be here today. OUr DA said that as long as they claim they were going for help there is nothing we can do? Is this true?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 5 years ago.
Nothing you can do as far as criminal charges?
Customer: replied 5 years ago.
so there is nothing illegal about leaving someone on the side of the road bleeding to death when you have access to a cell phone? Also the Police didn't take the driver in for a toxicology report? Is that normal?
Expert:  Dwayne B. replied 5 years ago.
Mine was a question, not a statement.

The decision on whether or not to charge them resides with the DA. To me it certainly sounds like there was a crime committed, perhaps failure to stop and render aid, perhaps something else. However, nobody can make a DA charge somebody with a crime if they don't want to.

It would be normal for the police to test someone in a case like this and I'm not sure why they wouldn't have.

You may want to consider getting a private lawyer involved and see what they can do.

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