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Da_Rangel1

hit and run with property

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I had an accident where I was the only one involved but I did hit a light post. The light post was not damaged but my car was. Rather than calling the cops and potentially getting a DUI I called a friend to come and pick me up. The next morning I returned to the accident site and called the cops to report the accident. The cop cited me with careless driving-hit and run with property. I have to make a court appearance now and want to know what are the chances that the judge will charge with driving under the influence (DUI) or that I will be charged with the infraction the officer wrote on the ticket? What should I do if the judge asks me if I was driving under the influence?

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Thank you for posting to FindLaw Answers. What code section was cited on the ticket? Does that Section relate to drunk driving at all? Since laws vary upon jurisdiction, please provide a little more background information which includes your state. You can check FindLaw's Learn About the Law page to research different topics of law. The links below will take you to sites with useful information.

You can also continue your research here:

Good luck to you.

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"I have to make a court appearance now and want to know what are the chances that the judge will charge with driving under the influence (DUI) or that I will be charged with the infraction the officer wrote on the ticket?"

You have been charged with the infraction the officer wrote on the ticket. We can't predict the chances that the judge (or a prosecutor if you're in a state that uses prosecutors in traffic court) might seek to amend the charges. Since we can't know how things work in the courts in your unidentified state, I can only guess that your first appearance will be solely for the purpose of pleading guilty or not guilty.

"What should I do if the judge asks me if I was driving under the influence?"

You can take the fifth. You might consult with a local attorney.

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