Wreck prosecution disheartening
In Polson, on March 2 of this year, my car was struck by a driver, sending me into another vehicle. I was injured and my car was a total loss. Prior to the collision there were calls made to Lake County Dispatch, by concerned motorists reporting this erratic driver, who minutes later caused the accident. The authorities were advised.
The City Fire Department, first responders and Polson Police attended the scene. I was extracted and sent to the hospital for testing.
The driver causing the collision was cited for failing to yield, making unsafe turn, operating a vehicle with no insurance and driving under the influence (DUI).
During the months following, several attempts were made to gather information regarding the judicial process. Many visits to the police department resulted in the absence of personnel to speak with. I had requested from the court clerk any information regarding the case and was told that it would not be available until it was reviewed by the city attorneys and judge. Each time a report came available, I was charged $5. Requests for contact from the court representatives went unanswered. The court clerk advised me that if the defendant pleaded guilty, a hearing would be at least six months out.
During a meeting with the police chief, I asked for a copy of a video that was taken of the accident. The chief had me fill out a form that he would submit to the judge. I conveyed to the chief, that rather than wait for a future court hearing, I would file a civil suit to recover my losses. He, understanding, encouraged me to do that.
The court clerk later advised me that there was an omnibus hearing scheduled with the defendant, public defender and the city attorneys, adding that I would not be allowed to attend.
The result was that all charges were dismissed by prosecution excluding the DUI charge and a fine imposed. That’s it. Case closed. The Judge signed a four page disposition, answering the question “Accident: No” on each count.
According to Montana Code, a ‘victim of a crime’ is allowed all evidence at no charge and is allowed to be present at all court proceedings (paraphrased).
Could someone explain:
Why my request for the video, taken of the accident by the business where the accident occurred, denied?
Why I was denied presence at any proceedings?
Why was I charged for every document received?
Why are no reports appearing in the local newspapers of criminal behavior?
An important concern, is that the court cases reported in the local papers usually show 80 percent of the offenders are charged with drug and alcohol related issues. Many are also charged with operating a vehicle with no insurance. Most all get very small sentences or fines.
As a victim, I feel that I have paid the fine of paying insurance, loss of vehicle, unpaid medical costs, pain and suffering and the anguish of watching irresponsible offenders set loose for a second chance to kill someone.
-James Sisler, Big Arm