How can I find out what happened to the drunk driver that totaled my car?

Submitted by mstpguy t3_y5u5na in massachusetts

About a year ago I was struck nearly head-on by a drunk driver. Had he not swerved at the last minute he might have killed us both. Both vehicles were totaled. I was uninjured. I was told (by the other insurance agent) that the other driver was hospitalized for several days and released. I know that he was charged with OUI.

I really would like to know what became of him, and what the outcome of the case was. I searched masscourts.gov for his name and nothing came up. I also reached out to the district court and they have no record of the case. I even talked to MADD but they couldn't tell me anything that the court couldn't. It's almost as if it never occurred.

I spoke to a lawyer just after the accident, but since I was unhurt I have no basis for a lawsuit (and insurance fully paid for the car, which was brand new). In any case, I have no intention of suing the guy. I'm not a particularly vindictive person, but of course I think there should be some consequences for a guy who could have killed me. I just want to know what happened.

I suppose I am wondering if there is anyone here with legal insights. I know there is such a thing as a 24D disposition (a diversionary program for first-time offenders)-- would that keep the case out of the courts? Is it possible that the courts are just really backed up?

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Walthamjahmmy t1_isltfee wrote

Masscourts.org will not give you criminal case information unless you have a password. I think (but am not sure so call before you go) you can go to the district court in the town where accident happened to ask about criminal cases.

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mstpguy OP t1_ismdsoe wrote

Thanks. I hadn't realized this.

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P_water t1_iso54ph wrote

It’s very likely that, even though it’s been a year, the case is still ongoing. Since COVID the courts have been extremely backed up and even more sluggish than they already were. My friend is dealing with something that he just wants to end, but they keep continuing it because the prosecution is so far behind and not ready for anything, never mind a trial.

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Chippopotanuse t1_isnykf7 wrote

Call the town police department where this crash happened and find out who has jurisdiction on the case (town or state Police). Ask to speak with their records person.

Do a public records request for whatever information you want that the relevant police department(s) would have in their possession. (State police won’t release much while a case is still pending, but there is a lot of information you can get).

Once you know who has jurisdiction, ask them who the detective and prosecutors on the case are and what court it is in.

If the driver was charged with a DUI, there will 100% be an answer you can get from the DA’s office/court where the case is being handled as to current status. It could be dismissed, it could be something else. But it’s not some black hole.

You will need to make phone calls, or trips to a court, or make written requests, but you can find out all of this info.

If you are still confused, DM me and I can walk you through more specific steps.

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mstpguy OP t1_isq516z wrote

I've reached out to the state police a few times - they won't tell me anything over the phone. I actually filed a public records request earlier this year, and the documents which were provided to me didn't have any information that I didn't already know. The district court has no record of the case.

I had not reached out to the DA's office, so I did that today. Left a message. Hopefully they will follow up.

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Statest16 t1_isrl524 wrote

As far as I know victim's have the right to be notified by mail of the outcome of the case there a victim in.You could get an attorney and have them contact the DA

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Delicious-Guitar-849 t1_isoh900 wrote

If he was charged with an OUI, he’s facing repercussions. Massachusetts is not lenient on OUI’s. He’s getting his. This state isn’t like other states, he didn’t get a slap on the wrist. Even the “diversionary” program comes with steeps fines and restrictions.

If you’re worried he got off scot-free, chances are weighted heavily against him.

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AbsentThatDay t1_ism7hu2 wrote

I would suggest you sign up for a PACER account. You need to supply a credit card but it's pretty much free unless you really overuse the system. It will allow you to search court records to see what happened.

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