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- Feb 7, 2009
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I'm going to mirror the sentiment of most that responded:
1) Most important fact is that this altercation did not end in disaster.
2) In my state (Delaware) There is no further recourse the officer could have taken for the traffic offenses. I wasn't there and am only monday morning quarterbacking(and I don't know Ohio law)but if the van intentionally tried to crash into you then that would be attempted assault, a criminal charge and not a traffic charge. However, I assume the van driver was inside of the Hospital by the time the officer arrived and not immediately available to be interviewed. If the incident occured exactly the way it was presented on the forum, I would have told the officer I wanted to file criminal charges against the van driver. Here in Delaware, the officer would then write a report including your statements and the statements of the witness. With that report in hand, go to a Justice of the Peace court (or the Ohio equivalent) and swear to your statements before a judge and then the judge decides whether you have merit for criminal charges.
I will admit though that convincing an officer that the incident was serious enough to take all of those steps could be difficult. Had you actually gotten hit (injured or no) that likely would have completely changed how the officer handled the situation.
Based on the information you have given and realizing this is simply an internet forum and that everyone is entitled to their opinion, I still think your title for this thread is pretty unfair..........just my .02 cents.
Its the same here in Florida, the officer would get statements, do a report, and get her side of the incident if possible. Everything would get forwarded to the state atttornetys office for review/summons/warrant. As stated earlier, if my kid OD'ed on some pills, I'd be in a hurry to get to the hospital too. Why she didn't call EMS, who knows..... Glad your ok thou...