RE: Whacked-out guy kicks BMW

[Duane <drcollie@xxxxxxxxxxxxxxx>]

>I would be interested in anyone's opinions as to whether or not you
>think I did the right thing?  Should I still report this, especially as
>it happened over a month ago ... what do you think the local cops
>attitude would be (or could I report it to the Illinois State police?)
>Whilst I managed to push the panel back out, it is still not perfect.

David,

In Virginia (which is a Commonwealth and not a 'state' so laws in IL may be
different) here's how this would be handled.  Cops would say : "go swear
out a complaint to the magistrate".  So you go down to the courthouse and
tell your story.  If the magistrate, who is acting like a mini-grand jury,
thinks your story has some basis in fact he issues an arrest warrant.  Cops
call the guy up, ask him to come to the station to be arrested and released
without posting bond. If he refuses, they go to his house and bring him
down in handcuffs. (hey, his is FUN!). !!Payback!!

Then he gets charged with a first class misdemeanor. He has to get an
attorney which is gonna cost him at least $ 500.00 (MORE fun - MORE
payback). Plus, he gets to sweat his court date.

Since you brought the charges, you will get a subpeona to make sure you
show up on the Court Date issued by the police - as they're wise to how you
can simply drop the case at this point and extract your pound of flesh
(getting less fun now). Then you get to bring your wife with you (witness)
and sit in the court for most the day (WAY less fun) and don't forget the
babysitter for the kids ($$$$).  If the guy plea bargins, and he will if
he's truly guilty and you are lily white, then his lawyer stands up for him
and he's out the door for $ 100.00 fine and criminal charges dismissed if
he has no prior assault record. End of day.

If you want damages to fix the sheet metal, then you have to sue him in
small claims court. Kiss off another workday to do this, too.  Plus, your
wife has to come (witness again) and ya haveta get a babysitter for the
kids - again. Then IF you win and the guy still refuses to pay, you haveta
go to the Sherriff and pay the Sherriff a fee to take action against the
guy!  It can be a frustrating experience.

My advice:
Fix the dent, be thankful he didn't pull out a gun and shoot you or you
kids, and if it ever happens again acknowledge the guy with a wave / slow
way down / and simply putter away to live to fight another day. I'd chalk
it up to a lesson from the school of hard knocks.  Hey - no one got hurt,
its only sheet metal - and if you piss this guy off AGAIN, he might really
come after you....its happened before....thinkaboutit!

Duane Collie
(Not a lawyer, but I play one on the Digest)
RM3DR1/UUC/NASA

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