Heather Locklear might just be the most lucky woman around. Thanks to a quick response by her lawyer, Blair Birk, to raise doubts about who was actually driving her 2005 black BMW SUV into the street sign on Saturday morning, and the lack of witnesses, and a poor quality street surveillance tape, prosecutors might have a difficult time charging the actress with hit and run. The surveillance tape allowed police to find the BMW parked at Locklear's home, and a piece of the truck that was torn off in the accident matched the damage to the vehicle. But, Locklear doesn't have to self-incriminate herself or state who was driving her truck in the early morning by law, so she's probably dodged prosecution for any more serious vehicular driving offense.
Another strange factor working in Locklear's favor is that unlike hitting a parked car, and leaving a note, hitting a sign in the early morning and not leaving any note also works in favor of the actress. That's wrong. But, it's probably better than facing either hit and run or even possible DUI or other charges. Dumb luck?
But, at the same time prosecutors are looking at whether the actress somehow violated the terms of her probation deal stemming from earlier charges when a 2008 DUI charge was downgraded in court to a lesser offense in 2009. If the actress violated those probation terms, then she could still end up in jail for up to 90 days for a probation violation.