Posted on 06/11/2014 11:59:22 AM PDT by standing man
Please take the time to read this short story and help me if you can. My son Levi was killed in a drunk driving accident in North Dakota in October of 2012. He was packing his trailer to return home to eastern Washington the next day he was to be married in November to his High school sweetheart, and we had began the process of clearing ground to build their home. A fellow employee stopped by and picked up Levi and Patrick who was helping Levi. Shortly after leaving Patrick said Levi told Andrew (the driver) to stop the car and let him out he was going to kill them. They were prophetic words I lost Levi as Andrew ran a stop sign directly into the path of a tanker truck. Levi died instantly, Both Patrick and Andrew were severely injured but have since recovered. Beyond this unbelievable tragedy for my family I have this problem. The driver Andrew William James Hogue was never charged with anything. Not dui, not reckless driving, not manslaughter , non negligent homicide, He wasn’t even charged with running the stop sign. My wife and I don’t want to destroy this young mans life but feel that there should be some consequences for his actions. We have tried to contact the prosecuter for some explanation through Phone calls, emails, certified mail and personal contact we have had no response other than telling my son Jason it was none of his business why she decided not to prosecute. The officer involved was upset with the lack of prosecution and provided us with the complete case file on the incident. After an email from me the head of the North Dakota Highway patrol spoke to the investigating officers and reviewed the case and called me, again upset with the lack of prosecution. He stated it was an open and shut case Andrew was at .83 three hours after the accident. Here’s where the problem comes in It has been suggested to us that the reason Andrew was not prosecuted is that his family is prominent in North Dakota business and political circles. We don’t know if this is the case but there is a Senator in North Dakota named Hogue, A lawyer practicing before the state supreme court Named Hogue and various Doctors and business people. If there is a valid reason for Andrews lack of prosecution we would try to live with it but if it is because of political influence it is an OUTRAGE. We don’t know where to go from here. If anyone can help us please respond either through the forum or with an email Thank you for your time bhanson11@gmail.com
I think you mean .083.
Sorry for your loss.
Get a lawyer.
Now.
Sue for wrongful death. If you can’t get the legal prosecution started, a civil case is the only forum left.............
Get a lawyer, now. Today
The way it works here is the Sheriff investigates and recommends to the State’s Attorney to prosecute. Then the State’s Attorney prosecutes or not. My guess is that either the driver has a relative in the system or somebody in officialdom is an alcoholic as they tend to protect each other. Your first approach is to go visit the sheriff and find out why nothing has happened. Proceed from there.
You might sue the individual yourself, civilly, but that is fraught with all kinds of risk.
There should be no shortage of civil lawyers willing to take your case for wrongful death.
Definitely talk to an attorney. If a civil suit is an option, you may have a limited time period in which to file suit. The amount of time varies by state. Where I live, it’s 2 years from the date of the accident.
You can try going over the district attorney’s head to the attorney general’s office, but if Andrew does have political connections, it may get you nowhere and then you are left with nothing but a civil case.
P.S. you could also hire a private detective to find out if he really does have political connections and go to the various newspapers and news channels in the state and take your case public.
I am very sorry for your loss.
I’m sorry for your loss. And the aftermath of unconcern by authorities.
Try this. Contact your local Mothers Against Drunk Driving office. I know many FReepers heads are exploding right now, but listen.
I was the victim of a drunk driver back in 2001. I pressed for action through the ususal channels but got nowhere. I contacted a Victims Advocate at MADD and Boom! Things started happening.
The people at MADD know who to call and know the people in the DA’s office who can get things rolling.
Say what you will about MADD, they were a blesssing to me.
The attorney generals office told me that they would not get involved in any way. (and very rudely at that)
Then your only options are to investigate and take your findings public and a civil lawsuit.
I am so sorry for your loss.
Other than the info from other FReepers posted prior to mine, what does his friend, Patrick, have to say about it? Have you gone in person to the community at all, to nose around? Was any local funeral home involved in transporting his remains, etc.? They might have suggestions (talk to the owner) as to ideas to pursue.
Have you contacted the STATE attorney general’s office, or just the county/locale of the incident?
Several suggested talking to legislators from the area, and you might look for both those in the House and Senate serving in DC, and also those serving in the state legislature.
Are you 100% certain that no charge of any kind was filed, for even anything like reckless driving, failure to yield? He may have “made a deal”, plead to some minor charge, and now they cannot bring any additional criminal charges. If so, you are left with civil.
I’m very sorry for your loss.
I don’t have any advice that the wonderful freepers haven’t given you already.
Yes I have talked the the Attorney generals office for the state of North Dakota they said they would not get involved, it was the states attorney form Williams countys decission
Two year SOL for a civil claim in that state, in which to file the claim.
Find the best of ambulance chasers (lawyer). If you can’t afford fees, some lawyers may take the case for part of any future award (contingency). Follow the lawyer’s advice from then on without letting inhibitions get in the way.
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