If the cops did not witness the accident, if the driver were "mobile" and many other circumstances, it is possible that the cops did not have the probable cause to actually arrest or hold the other driver on DUI, or suspicion.
There is usually something along the lines that if the suspect may have or did leave the scene, for any reason, and than returned, than any DUI can be mitigated by claiming something like, "Yeah, I walked to the pay phone, and also had a drink to calm my nerves after the unfortunate accident", and that is enough to get off the hook on a DUI, especially when no field test, or hospital work is done.
Once again the "criminal" escapes. Couple with small town politics, and whatever, and, well, it becomes a matter or insurance companies and civil court.
BTW: I know something similar happened to me in the late 70's when I was young and foolish. I murdered a telephone pole. Really murdered it, about 1/3 mile from the Disco I'd been at. It was 25 cent Kamikaze Night, and I'd taken two rolls of quarters into the place. Got sick and left. My first, and only binge drinking night in my life. Also my last as a driver. Got into the habit of taking a taxi both ways, or riding with friends, or not drinking after that night. I consider myself lucky to have only lost my vehicle, a big and solid Crown Victoria type 4 door.
Left the scene for "help", walked back to the Disco, shirt soaked in my blood. Got some ice, a towel, and a friend to drive me home, and stopped back at my demolished car. The cops knew I was totally drunk. I knew it. My buddy knew it. If ever someone deserved a DUI, it was me that night.
But I was not ticketed, was not tested, declined an ambulance and treatment, and went home. (I should have gotten some, went next morning for a few stitches, lost a tooth, and some big, powerful bruises. ) Cops did ask me my name, etc, but not for my license.
Seems that "technically", under the current law, they could not put me behind the wheel in my condition.
Never ever drove while possibly intoxicated again in my life. Was truly scared sober, I should have been very seriously injured or killed.
FWIW, the police incident report should reflect the details you "need".
You may want to call the cops and speak with someone higher up their food chain about the whys, etc.
Good Luck.
There is usually something along the lines that if the suspect may have or did leave the scene, for any reason, and than returned, than any DUI can be mitigated by claiming something like, "Yeah, I walked to the pay phone, and also had a drink to calm my nerves after the unfortunate accident", and that is enough to get off the hook on a DUI, especially when no field test, or hospital work is done.
Once again the "criminal" escapes. Couple with small town politics, and whatever, and, well, it becomes a matter or insurance companies and civil court.
BTW: I know something similar happened to me in the late 70's when I was young and foolish. I murdered a telephone pole. Really murdered it, about 1/3 mile from the Disco I'd been at. It was 25 cent Kamikaze Night, and I'd taken two rolls of quarters into the place. Got sick and left. My first, and only binge drinking night in my life. Also my last as a driver. Got into the habit of taking a taxi both ways, or riding with friends, or not drinking after that night. I consider myself lucky to have only lost my vehicle, a big and solid Crown Victoria type 4 door.
Left the scene for "help", walked back to the Disco, shirt soaked in my blood. Got some ice, a towel, and a friend to drive me home, and stopped back at my demolished car. The cops knew I was totally drunk. I knew it. My buddy knew it. If ever someone deserved a DUI, it was me that night.
But I was not ticketed, was not tested, declined an ambulance and treatment, and went home. (I should have gotten some, went next morning for a few stitches, lost a tooth, and some big, powerful bruises. ) Cops did ask me my name, etc, but not for my license.
Seems that "technically", under the current law, they could not put me behind the wheel in my condition.
Never ever drove while possibly intoxicated again in my life. Was truly scared sober, I should have been very seriously injured or killed.
FWIW, the police incident report should reflect the details you "need".
You may want to call the cops and speak with someone higher up their food chain about the whys, etc.
Good Luck.
