Bbird, what you're describing makes perfect sense. They were gathering evidence. I understand their point about restitution. If your ONLY concern was getting your car paid for, then yes, it would be faster to go to small claims court. However, in small claims court you DO have to appear and YOU present the case. YOU are the plaintiff and see is the respondent / defendant.

If you choose insist on criminal charges, the STATE is the "plaintiff" and THEY present the case with or without you technically. If it actually went to court you would be called to testify. But, as I said, that's rare. The wheels of justice will turn without you pretty much from the time you sign the complaint or do whatever you need to do in your jurisdiction to let them know you mean business. The prosecutor decides whether or not to take the case forward. If they decide to drop it for any reason (lack of evidence is the biggest reason), there is nothing you can do about it because the STATE is bringing it forward - not you. Basically, I'm saying you can insist that the police present it to a prosecutor, but from there it is out of your hands. So what if it takes a year? You'll get a letter here and there with updates, if any, but it shouldn't interfere with your life.

Good luck whatever you choose.

LJ Wrote:
-------------------------------------------------------

> It is the responsibility of the police to take a
> written report, collect evidence, determine
> whether or not a crime has been committed (whether
> or not it occurred in their presence), and forward
> it to the prosecuting authority, ie: state
> attorney, district attorney, whatever you have in
> your state. When asked if you want to press
> charges or not, they're basically asking: do you
> want to sign a complaint and have the police do
> their full job and take it forward or do you want
> to sign a waiver of prosecution or sign nothing at
> all - and the police just drop it at taking a
> report.

one time i had directly witnessed a neighbor making multiple attempts to vandalize my vehicle with high-powered fireworks.

however, the police never gave me the option to press charges, nor were they willing to take a report.

There could be a few reasons for that.

If no damage was actually done, in this case there wouldn't be a crime. No damage = no crime, and an "attempt" at a 2nd degree misd. is not something that fits any statutes in most states. If there was no damage, it would fit more along the lines of disorderly conduct or possession of illegal fireworks (depending on what they were using of course). THOSE particular crimes DO need to be in the presence of an officer. I know it can get confusing. I frequently had to look up stuff in the statute book even after 18 years. No one could possibly memorize all the elements of every crime on the books.

Not taking a report at all, is just lazy. It isn't that hard to just bang out a quick narrative. It's good to have incidences on file for future reference. However, if this was the 4th of July or something, I could see them being in a hurry. Not only are there a lot of calls, many of them are "shots fired" called. Some turn out to be nothing but fireworks, but believe it or not - a lot of people shoot firearms in the air to celebrate. Those are priority calls and keep police hopping.

You seem very interested in criminal law. If your jurisdiction allows it, I recommend going on a ride-along with a patrol officer. It can be very eye-opening.

LJ Wrote:
-------------------------------------------------------

> You seem very interested in criminal law. If your
> jurisdiction allows it, I recommend going on a
> ride-along with a patrol officer. It can be very
> eye-opening.

do police offer ride-alongs?

Vince,

Yes, many departments do. I used to do ride alongs with the Miami police for years when visiting my uncle.

nhgirl1970 Wrote:
-------------------------------------------------------
> Vince,
>
> Yes, many departments do. I used to do ride alongs
> with the Miami police for years when visiting my
> uncle.

hhmm, interesting. thanks for sharing.

Sue her in small claims court. You don't need an attorney to file a suit in small claims court. The court should have forms that you can just fill out. There will be a filing fee and a fee to have her served with the lawsuit by the sheriff, but you can ask that those costs be included in the amount you sue for, which would be your actual damages (i.e. the cost to repair your car, a rental car if you have to have one while yours is in the shop, and any other out of pocket expenses you may incur as a result of the damage she caused.)

Signed,

Former legal secretary.

This was mishandled by the police. This is misdemeanor but the level probably depends on the total amount of monetary damage. I would call the police department and speak to a supervisor/sergeant and demand that they charge the waitress. Trust me I have been through this before. Cops can be lazy and try to get out of writing lengthy reports.

If the girl is charged and she does not have a previous record of other crimes she will likely be fined and placed on probation. But if you make sure to communicate with the prosecutor she should also be required to make restitution to you for your for the damages.

Edited 1 time(s). Last edit at 09/13/2014 01:01AM by ShopUntilYouDrop.

ShopUntilYouDrop Wrote:
-------------------------------------------------------
> This was mishandled by the police. This is
> misdemeanor but the level probably depends on the
> total amount of monetary damage. I would call the
> police department and speak to a
> supervisor/sergeant and demand that they charge
> the waitress. Trust me I have been through this
> before. Cops can be lazy and try to get out of
> writing lengthy reports.
>

this reminds me of an incident.

one time i was stopped at a stoplight during heavy rush hour traffic. the lady behind me then rams her car into my rear bumper, damaging my car, even though i'm already totally stopped at a red light. then i get out of my car to exchange insurance information, but she keeps her window rolled up, saying nothing to me. then i took down her license plate number before the light turned green again.

i then drive to the local police station to report the incident to the police. however, the police tell me that she could simply say that i backed into her, and therefore they refuse to fill out a report. they told me that it's okay if she didn't exchange insurance information with me, because after all, she may have been scared. they run her license plate number (which i provided for them), and they call her house. since no one speaks english at her house, and she lives outside of the town where the accident took place, they give up on the matter. they tell me to contact the police department in the town where she lives, as opposed to the town where the accident took place. she lives outside of their immediate jurisdiction. they show me the name of her insurance company on a piece of paper. on the paper, i also happen to see her name and address.

after obtaining a damage estimate ($500), i then contact her insurance company directly. her insurance company won't talk to me in the absence of a police report. i then drive to the next police department in the town where she lives, asking them also to file a police report. the second police department also refuse to fill out a police report, since the accident didn't take place in the town where she lives. i then drive to her house to collect my money, knocking on her door, but no one is home.

i then drive back to the first police department where the accident actually took place. neither police department was willing to file a police report. instead, the police commander at the first police department yelled at me, telling me that they get thousands of accident complaints per year. he sends me away.

Edited 3 time(s). Last edit at 09/13/2014 02:10AM by vince.

I went to small claims when a guy who was at fault and didn't have insurance refused to pay. He didn't show up (I had to send him a notice of the court date via certified mail), so I won automatically. He still refused to pay. I found out I could make his life miserable in a few ways.

First I went to the DMV, showed them my court win and 3 refused demand letters. They put a hold on his car registration and title, so he couldn't sell his car. They also suspended his driver's license for 5 years(or until he paid me). Because his wife was on the title they suspended her license too! After 5 years I could have renewed the suspensions.

Then I found out he owned his home. I went to the county courthouse and put a lien on their property, so they couldn't sell it until he paid me. That is good forever until you remove the lien.

After 4 years he called! Needed to sell his house. I met him in a neutral place and made him pay me in cash.

This was in OK. Just some ideas for you. Oh, and I tried to get his income tax refund. They said a person can't do that. Only a business.

Note to self: Don't mess with niteowl.

niteowl Wrote:
-------------------------------------------------------

> First I went to the DMV, showed them my court win
> and 3 refused demand letters. They put a hold on
> his car registration and title, so he couldn't
> sell his car. They also suspended his driver's
> license for 5 years(or until he paid me). Because
> his wife was on the title they suspended her
> license too! After 5 years I could have renewed
> the suspensions.

both he and his wife drove 4 or 5 years on suspended licenses, just to avoid paying you?

I'm a full time insurance agent and simply driving your vehicle to your place of employment does not qualify it as a business vehicle. If that were the case everyone driving to work would have to be classified as business class. You have to actually "use" the vehicle for the business, such as a van used to transport tools or truck used for the same, or even a vehicle used exclusively for business purposes. This has nothing to do with what you deduct on your taxes, just from an insurance standpoint. If you are in sales and use the vehicle for deliveries that would be another use for business. But just driving to MS jobs does not mean that you have to classify it as a business vehicle. That's at least the rules at my company and we are the nation's #1 auto insurer.

tinamdarnell -

Thank you so much for your clear response. I have been concerned about this for years, and didn't know how to get an answer. So, doing MS jobs is fine. I am going to assume that carrying my camera or a clipboard (which are "tools" for some MS jobs) in my car is inconsequential.

While I don't do merchandising, it sounds like someone who does do merchandising and finds everything they need at the job site would also be OK, but if they receive merchandise or displays at home and then use the their car to transport the material to the job site (store), then they might be using their car for business purposes.

You should be able to go to the court clerk (probably the town municipal court) and swear out a criminal complaint yourself....I had to do this when I was assaulted by a neighbor because my dog sniffed the edge of her property and she flipped out saying it was illegal, i was supposed to put paper down,etc....I had turned on my video camera when she came over and shoved me....the cops took the report, but said I had to file the charge myself if I wanted...to be clear...we were not on the neighors private property..all paws and feet were on public property..only the nose hovered over the edge of the property...

if this were considered to be a felony...she would probably get a public defender..and it wouldn't cost her anything...


and in a situation like this--that doesn't get resolved... file a claim in small claims for the damage...they should be responsible since it was the willful action of an employee/former employee.

if the manager wants to play the pity card now...why didn't he use it when dealing with the employee in the 1st place...compassionately telling her to take some more time off...privately....

Edited 3 time(s). Last edit at 09/13/2014 07:24PM by GMNJ.

Like there are no bad cops that would violate the rules and run a license plate? I used to be good friends with a couple cops and casual acquaintances with a lot more....trust me...a lot of cops do a lot of things they are supposed to.

Edited 1 time(s). Last edit at 09/13/2014 07:00PM by GMNJ.

This sounds like this girl may be a relative. Go to corporate. File charges to small claims court. She is a terror to society and should pay for this in other ways. Before you know it she'll be shooting at someone because she didn't get her way in something else. Make her responsible for her actions. Or don't, it's really up to you. She may use your information to use it against you (licence plate). She may do some great damage. Maybe get lifelock? Be careful.

Late comers to this thread are getting their knickers in a twist over an issue that's already been settled. The waitress is a stepdaughter of the manager. Corporate, district and local management have all called to apologize and the entire amount to repair the damaged door is being paid by corporate. BBird will not have lost a penny out of pocket. The waitress had suffered a second trimester miscarriage and was still hormonal. She was a little over the edge, but the matter is settled.

Vince, yes they did. I asked the guy about how he drove without a license. He said they have property I Arkansas and went and got new licenses there (I guess the car, too). I mentioned their names would have popped up as suspended when he ran their Arkansas licenses. He said he hadn't thought of that.

It's always rather humorous when late comers arrive and are in such a rush to put in their 2 cents that they don't read the whole thread ..... and wind up making speculations and giving suggestions to already-resolved issues.

That is unreal! Do whatever you have to do--file the complaint with PD, inform the MSC, and take it to corporate! That is horrible! Good luck!

@ Bestofbothworlds & AustinMom .... you were saying?
Heehee

You got a kick out of it too eh, LJ? No reading for comprehension anymore!

Yeah, me too. But, this thread is a bit long. Not quite Moby Dick long but still longer than some want to read.

And it's not quite over. The promise to pay by the restaurant to BBird is something. It is probably good enough for the moment. But it is not quite the same as having the money in hand. I would wait until that occurs before I consider this story concluded.

I've read this for quite awhile

I don't know your state rules.

Me!, I would get whatever that doesn't cost me $250. Take it to the cops. Take it to the insurance company.

Honestly, this chick needs to get a big slap side upside her head. That being said, I am now a little worried about my shops..

post deleted due to snarky comment.

Edited 1 time(s). Last edit at 09/14/2014 01:56AM by bestofbothworlds.

Bbird,

Wow. Just wow. I hate that you had to go through that awful experience, and I'm glad you're okay. Like many others have said, my hat's off to you for the way you handled the situation. You kept your cool in the midst of a pressure cooker. Great going, girl!

Now that it's been a few days, do you feel as if all parties are taking the right course of action? Are you satisfied with the results so far? I'm not at all surprised that Corporate so quickly offered to pay for the damages. Ultimately, that's a whole heck of a lot less costly than their having to meet you in a courtroom.

Thank you so much for sharing! It was very enlightening and I've learned a lot from your experience, as well as from the input of those who have commented. If I do any more compliance shops with my son (I did my first last weekend at the restaurant with the red and white stripes), there are a few things y'all have taught me to do differently:

1. If my son doesn't get carded, I'll definitely remind the manager to wait 5 minutes before addressing the issue with the server. Regardless of whether the client has this policy or not, I think it's a reasonable request.

2. I wish I could say that I'd make a point to audio record more of my shops, but I live in FL and we're a 2-party consent state. But I'll bet you're sooooooo glad you thought to record your shop!

3. Park my car for a quick getaway.

4. Remember to honk my horn if I feel threatened at any time in any way while I'm in my car. You'd think that one would be a big "duh" but I have a feeling many of us would overlook such a simple step in the heat of the moment.

5. Be more security conscious in general when I'm doing shops, especially those with a potential reveal.

Thank you again for the continuing education!

4. Remember to honk my horn if I feel threatened at any time in any way while I'm in my car. You'd think that one would be a big "duh" but I have a feeling many of us would overlook such a simple step in the heat of the moment.

Great reminder, LisaK. I always told my nieces to be aware of the headlights behind them when heading home from a club or bar. If you make a turn and the headlights behind you do too, beware. Make another sharp turn or two (doors locked of course). If your headlights tail makes each turn, go screaming into your nearest fire station or police station laying on the horn. Your antagonist will likely keep going. Never, ever, ever, lead them to where you live. Worth a reminder! Thanks!

I read this whole thread and am very happy to hear BBird is being fully compensated for the damages the waitress caused. I don't know if I would want to press charges with police under the circumstances, but post partum depression is not an excuse in a court of law for committing any crime. If BBird decides not to press any charges, I think it would be nice if the upper management (who decided not to fire the waitress) let the waitress know that BBird was within her rights to press charges but didn't. The waitress needs to understand that destructive behavioral impulses cannot be acted upon without consequences. As sad as it is, I really don't buy the post partum depression excuse. This woman was likely a hothead with impulse control issues before she was pregnant.

I am not sure what I would do (or would've done) in the same situation. I believe in accountability but I don't believe in revenge. It's a tough call. Obviously the client would probably prefer that no charges were pressed.

Whatever course BBird chooses, I hope the waitress has learned something. Having dealt with an ex-husband with impulse control issues, I have my doubts.

I am too old to do alcohol compliance shops but I will never do any reveal shops of any kind, ever, after reading about what BBird went through! No thank you! I don't even want to do any revealed audits. For the most part, they don't pay enough for the work involved anyway.

BBird, like the others, I commend you for keeping your cool and your professional behavior.

Your dealings with the location owner will vary depending upon whether this is a franchise location or a corporate location. I suspect if it's corporate you have better luck