Expert: Jack Toomey - 10/22/2006

Question
When I spoke to the Asst. DA, as I stated, she was in the initial stage of reviewing the case and at that time had not determined if a warrant would be issued, but she did tell me from what she could see there would very likely be one issued.  She then advised me to get an attorney to seek civil damages against the driver.  She also told me that it would take a couple weeks before the warrant would be issued.  Two weeks after speaking to her I called and was told it had been issued.  I waited another two weeks and called and that's when I was told by the Victim's Advocate that a warrant had not been issued but recommended.  Now it's been at least three weeks and in that time I have called weekly and it still has not been issued.  The last two calls were to the Victim's Advocate who informed me that another Asst. DA has my number to call me but he is busy in trials.  It's been two weeks and he has not called.  So, you see, I have made more than a concerted effort to find out answers before I went to MADD.

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I have not made an appointment yet, but have spoken to the DA's office almost weekly since the accident.  I've spoken to the Asst. DA who was reviewing the case initially.  Since finding out that there has not been a warrant issued, I have not spoken to a supervisor.  I will take your advice about setting up an appointment.  I also wanted to correct my previous question.  This person was never even issued a citation for open containers or anything related to the multiple laws she broke, in addition to causing an accident while intoxicated.  It was only after making numerous calls to the DA's office, and finding out over the period of months that I contacted MADD.  At that time I had exhausted all my options...other than the visit with the supervisor.  

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My son and I were hit head on by a drunk driver in late July of this year.  The person who hit us was taken to the hospital and I later learned from the Sheriff that her blood alcohol level was .21.  This person has not been issued a warrant for her arrest STILL!!!  And, now was she given a citation, even though the police report states she had open containers in her vehicles and she also was seen by myself and witnesses trying to dispose of some bottles, which the police report states as well.  This person has some influence in the town and I suspect that is why she has not been arrested...why a warrant hasn't even been issued.  What rights do I have?  Should she not been at least issued a warrant for her arrest?  Can I sue the police department or at least have them investigated?  I am sure this 65 year old woman has done this before, although the DA's office tells me it is a misdemeanor.  Please help!!!  Lastly, I also got the state office of MADD involved last week.  By the way, I live in Louisiana.
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   I think that you could probably get the answers to your questions by scheduling an appointment with the chief of police or his representative and ask why the woman has not been charged.  It could be that in your state the prosecutors office charges these kinds of offenses by way of indictment or by filing an information.  But I don't see anywhere in your question where you have attempted to talk to the investigators or to their supervisors.  That's where I would start instead of calling MADD.
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   So what did the Assistant DA say?

Answer
Ok well I don't blame you for being upset.  It must be a strange juristiction or state.  In my state the police officer who investigates the crime simply gets a warrant and arrests the person.  The prosecutor does not get involved until the case reaches their office.  Yet there is a neighboring state where the prosecutor has to approve all warrants.  So three months have gone by without an arrest.  You do need help from an advocacy group.