My brother in law was a taxi driver and hit a 12 year old kid.?

Vince M

He should be getting advice from an attorney, not from Yahoo Answers.

trance.ecstasy

not sure because even if the kid ran in front intentionally, it still would be charged against the driver unless the intentional kid confesses.
srry to hear that.

i have two friends in jail and both were convicted on charges that shouldnt have been put upon them.

Michael S

Well, it depends on the state the accident occurred in, but if they put him in jail I would expect that to mean there were aggravating conditions. I've never seen someone put in jail for getting into an accident unless they were doing something very severe, like driving while drunk, racing someone at a billion miles an hour, or plowing through a school crossing zone. Also, I've never seen a state where pedestrians have automatic right-of-way. If the kid just walked out in front of him, it would be the kid's fault.

This leads me to conclude the police believe your brother-in-law was doing something above and beyond just driving down the road like a normal driver, unless your state happens to have particularly strong laws regarding taxi drivers or commercially-licensed drivers in general. Still, that seems rather excessive if there's no evidence he's done anything.

Either way, there's a maximum amount of time he can sit in jail before a court hears his case -- I believe that falls under the Due Process clause of the 5th amendment -- but the time limit is probably dependent on state law. Once the court hears the case, they'll either tell the police to let him out if he did nothing wrong, or order him to stay in jail (maybe with a bail option) if there's substantive evidence of wrong-doing.

*angel from the dark*

aww im sorry to hear about this.
if the kid was at fault and fesses up, then your brother in law will be released
if the kid says your relative was at fault, then he can press charges
I'm really sorry to hear about this
its basically his word against your relative's word

In court they would try to sort it out and figure what happened with the car. Everything your brother in law said in the police report, and what the kid said will be put up against to see what different each person has in what they say.
I was involved in a car crash 3 weeks ago but somebody hit me with a van and I was in a car. Nobody is suing anybody but I did learn a bit about what happens. You just have to sit and wait to hear whatever will happen. It's beyond your control.

I suggest though, that your brother in law keeps his story honestly 100% straight, remembers EVERYTHING that happened and tells it like it was, and if he is sentenced to jail, that maybe he can plea bargain for another punishment? Make sure he has a good lawyer/attorney, i don't know which one your supposed to hire for this case or if they are both the same thing.

what you can do though, is to be there for him and support your relative through this. It's an awful thing to go through. My best wishes to your family.
Good luck.

Michael is tired but still Ninga

if he did it on purpose then he could be jailed up to 10 years in australia! well that is if the kid died! you should get a bail bond with the bondsman to get him out until court!

UCANTCME

Wait and pray.....everything will work its way out.

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