I was rear ended on the I-805 freeway by a guy on his way home from a xmas party. He had a BAC of .24 (3x the limit) and was travelling > 90mph; I was going 70. After the crash, the guy got out of his car before the cops arrived and I witnessed it. According to the CHP (California Highway Patrol--known as CHIPS to some of you) who arrested him even after he denied being the driver, it was only necessary for a witness to ID him as the driver in this state.

As for it occurring on private property, the cops can enter private property in CA for enforcement of traffic situations. This was a law that was enacted because, once upon a time, people would actually drive onto private property to evade the cops. (We used to do that to "drink in the parking lot" and avoid equipment inspections back in the '70's. They couldn't touch us without the owners consent--NOW they can.) Even if you're in your own driveway. They have busted a friend of mine for doing burnouts in his own driveway!!! Anyway, unless there is some relief offered by the county you are in, I don't see how they couldn't have taken this guy in. At most, they needed a witness and maybe permission from the property owner. I don't get this.... there must be more to this story. All of California's statues are available online. Go to www.ca.gov

 

Man that is some f@cked up stuff. Ca has strick laws about everything else but Drunk Driving??? WTF. That blows tho, but atleast you caught the guy doing it and can charge him for the repairs unlike my senario where they ran leaving me with a $700 repair bill, and no money to move! His insurance is paying for the damages right? Any estimates on them yet?

 

no, not yet
im gonna start looking into it today

 

I would've sat back and drank a beer with him till the cops showed up.

 

That sucks that your car got hit. I suggest that you check into the laws where you live. You may find that the cops gave you bad info. Perhaps the driver was someone they knew, and they didn't want him to get in trouble.