How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Zoey, JD Your Own Question
Zoey, JD
Zoey, JD, Criminal Defense Attorney
Category: Traffic Law
Satisfied Customers: 26800
Experience:  18+ years of high-volume criminal defense work from arraignment through plea or trial.
18321761
Type Your Traffic Law Question Here...
Zoey, JD is online now
A new question is answered every 9 seconds

After taking a diversion agreement DUI that involved a

Customer Question

After taking a diversion agreement for a DUI that involved a accident, that I had always contended I was not the driver of.......I later located said driver and they go to the drivers license hearing and admit they were driving......could said driver be charged with leaving the scene of the accident and would it hold up if I have already taken the diversion for the DUI and wreck??? If the driver could be charged then would it dismiss the diversion for which I have already taken?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Legal-Kal replied 1 year ago.

Good evening:

My name is ***** ***** I would be happy to answer your legal questions. Before I proceed, I have a few for you: 1) when did the accident occur; 2) when did you plead guilty to the DUI; and 3) what state did this all occur in?

Customer: replied 1 year ago.
The accident occurred 06/2015......took a diversion for the DUI and a ticket for left of center involving the wreck on 11/18/2015.....I had a Drivers license administrative hearing in 09/2015 and she sided with the police there was probable cause for the test, so we appealed the decision to the district court which takes place in 01/2016.....the driver is know willing to testify that he was driving at the appeal......This case is in Kansas......my questions are can he be charged for leaving the scene and if so how would that affect my diversion, because to people can't both be guilty of the same crime can they??
Expert:  Legal-Kal replied 1 year ago.

I see. Since the matter is in Kansas, I will be opting out of the question, thereby opening it up to another expert to better assist you. Thank you and good luck!

Customer: replied 1 year ago.
Thank You
Expert:  Zoey, JD replied 1 year ago.

Hello,

He would not be allowed to come forward to testify on your behalf without his having been advised by counsel who will tell him that if he admits to this under oath he can be prosecuted for the crime, face civil liability as the driver and yes, he could be charged with a hit and run. A lawyer would also tell him that he has a fundamental right against self-incrimination under the 5th Amendment to the Constitution and that he has a right not to testify against himself. Frankly, while a lawyer would support him if he wishes to testify, a lawyer would first try to talk him out of doing so.

If his evidence is completely excuplatory for you, your conviction should be overturned on appeal.