The consequences can be significant when you are charged or arrested for hit and run (also known as leaving the scene of an accident). One terrifying aspect of this charge is not knowing the severity of those consequences. There is a wide range of penalties, including the possibility of jail or probation. But the law distinguishes between different kinds of hit and run charges, so understanding the type the state charged you with is the first step toward a resolution.
The laws addressing hit and run violations are confusing – and not just for drivers. Officers frequently misdiagnose a situation and charge a driver with the incorrect code section. So before you panic about the citation, you should first evaluate the various hit and run code sections to determine if the officer charged you correctly.
For example, it is common for the officer to write a citation for the most severe hit and run offense. You can find this charge in the code section under O.C.G.A. 40-6-270. This offense has some of the most unsparing misdemeanor penalties, including an automatic license suspension, a fine ranging from $300 to $1000, and jail or a probation sentence of 12 months.
However, the more serious charge only applies when two vehicles collide, there was at least one person in each vehicle, and there was damage to the other vehicle or bodily injury to the other person. Under those circumstances, a driver must immediately stop at the scene and (1) provide her name and address and the registration number of the car; (2) show the folks in the other vehicle her license upon request; (3) offer to help anyone who was injured – including providing transportation to treatment if necessary; and (4) call for assistance if someone appears unable to call for help themselves ( e.g. unconscious, unable to communicate).
Failure to stop and comply with the statute may lead to a license suspension and jail time. Depending on the severity of the injury, the state may charge the driver with a felony.
It makes sense that the law reserves the most weighty consequences for a driver who leaves the scene of an accident where someone was hurt. We want to encourage drivers to stay and help people. So it is not difficult to understand why this is the most significant type of hit and run.
However, what happens if you run into a parked vehicle? What are your responsibilities? And what are the potential consequences of leaving the scene of the accident? If you hit a parked car and there is nobody inside the vehicle, O.C.G.A. 40-6-271 requires you to notify the vehicle owner and leave your name and address. If you do not own the car, the law also requires you to leave the car owner’s information. And, if you are unable to locate the owner of the vehicle that you hit, you must leave a note “in a conspicuous place on the vehicle” with that same identifying information.
If you fail to leave a note or otherwise locate the car’s owner, the officer may charge you with a misdemeanor, pursuant to O.C.G.A. 40-6-271. However, there is no automatic license suspension, and there is no minimum fine. As a result, you could face anywhere between 0 to 12 months in jail (or probation) and a $0 to $1000 penalty.
If you are worried that you may be charged with hit and run or an officer has charged you and you are contemplating what to do next, reach out to an attorney that handles these types of cases. Almost all hit and run charges can have unknown collateral consequences, and you may want to think twice about going to court without consulting an attorney. You can reach out to EHG Law for a free consultation here.