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About Jack Toomey
Expertise
Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience
I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, mising persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

 
   

You are here:  Experts > News/Issues > Crime/Punishment > Criminal Law > Victim in DWI accident

Criminal Law - Victim in DWI accident


Expert: Jack Toomey - 10/21/2006

Question
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 warrent 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 warrent hasn't even been issued.  What rights do I have?  Should she not been at least issued a warrent 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.

Answer
   I think that you could probably get the answers to your questions by scheduling an appointment with the chief of police or his representitive 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 attepted to talk to the investigators or to their supervisors.  That's where I would start instead of calling MADD.

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