Hit and Run

Q: What are the penalties for hit and run in Georgia?

The penalties depend on the facts of the case: Misdemeanor Hit and Run (no injury): Up to 12 months in jail; License suspension; Fines up to $1,000. A hit and run conviction can damage your driving record, raise your insurance rates, and follow you for years.

According to Georgia law, if you are involved in an accident with another vehicle or property (such as a fence or mailbox), you are required to exchange your contact information with the owner of the property, even if you do not know who the owner is. Failing to do so can result in a hit-and-run charge.

Facing hit and run charges

Georgia’s hit-and-run laws can be complex, and it is not uncommon for officers to charge drivers with the wrong code section. It is important to evaluate the various hit-and-run code sections to determine if the officer charged you correctly.

A hit-and-run charge can apply in situations beyond just striking another moving vehicle. For example, you may be charged with a hit-and-run if you collide with a parked car and fail to leave your contact information. Even if you are unsure of the owner’s identity, it is generally advisable to file an accident report with the police in cases of property damage.

While some drivers may be hesitant to involve the police due to time constraints, minimal damage, or personal preference, it is important to remember that failing to report an accident and leave the scene can result in a hit-and-run charge.

Hit and Run Defense in Atlanta

Walking away from an accident doesn’t make you guilty. But what happens next can.

A hit and run charge can turn your life upside down. Maybe you panicked. Maybe you didn’t even realize you made contact. Maybe someone else was driving your car. In Georgia, leaving the scene of an accident — even a minor one — can lead to a criminal charge, a license suspension, and even jail time.

We understand that good people make split-second decisions under pressure. At EHG Law Firm, we help clients across Metro Atlanta navigate these cases with strategy, discretion, and experience. If you’ve been charged — or think you might be — talk to us before you talk to anyone else.

What does Georgia law say about hit and run?

Under Georgia law (O.C.G.A. § 40-6-270), any driver involved in a crash must:

Stop at or near the scene
Exchange information with the other party
Render aid if someone is injured
Report the accident if there’s injury, death, or property damage

Leaving without doing these things — even if you were afraid or didn’t think it was serious — can result in a hit and run charge.

But what if I didn’t realize there was damage?

It happens more often than you think.
A client once called us after brushing a mirror in tight traffic in Midtown. They heard a thump, checked their own car, and kept going. Days later, they got a call from an officer. A report had been filed. The officer asked them to “come in and clear it up.”

That’s not a conversation you want to have alone.

We stepped in immediately and began protecting that client’s rights — before charges were even filed. The case never made it to court.

What are the penalties for hit and run in Georgia?

The penalties depend on the facts of the case:

Misdemeanor Hit and Run (no injury):
- Up to 12 months in jail
- License suspension
- Fines up to $1,000

And it doesn’t stop there. A hit and run conviction can damage your driving record, raise your insurance rates, and follow you for years.

Every case has a backstory. We listen first.

We know how fast things unfold after an accident:

You didn’t know what to do
The other driver was aggressive towards you
You didn’t realize there have been an accident
There was no damage to either vehicle

We’ve heard it all — and we never judge. We just get to work. Whether it’s a one-time mistake or a misunderstood moment, we can make sure the Court hears your side of the story

Serving Metro Atlanta and Beyond

We defend hit and run charges in:

Fulton, Cobb, DeKalb,Cherokee and Gwinnett Counties
Atlanta Municipal Court
City courts in Sandy Springs, Decatur, Marietta, and others

Wherever your case is, we’re ready to help.

You don’t need to explain yourself alone.

If police have contacted you about a hit and run — or you’ve already been charged — call us before you make a statement.

We’ve helped countless Georgians in your shoes. And we’re ready to help you too.

In addition to serving her clients in Atlanta, Attorney Gerstenzang also works as a Savannah traffic violation lawyer, providing the same high level of defense for those facing hit-and-run charges in Southeast Georgia.

Below we outline the various types of hit and run and the corresponding consequences of each charge:

Accident with at least one person in each car

O.C.G.A. 40-6-270

This is the most severe hit-and-run offense and 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 these circumstances, a driver is required to immediately stop at the scene and provide their name and address, the registration number of their car, and show their license to the other driver upon request. They must also offer assistance to anyone who was injured and call for help if necessary.

Failure to comply with these requirements can result in a license suspension, jail or probation sentence of up to 12 months, and a fine of $300 to $1000. Depending on the severity of the injury, the state may charge the driver with a felony.

Accident with a parked (unattended) vehicle

O.C.G.A. 40-6-271

This offense applies when a driver hits a parked car and there is nobody inside the vehicle.

In this case, the driver is required to notify the vehicle owner and leave their name and address. If the driver does not own the car, they must also leave the car owner’s information.

If the driver is unable to locate the owner of the vehicle, they must leave a note with their identifying information in a conspicuous place on the vehicle.

Failure to fulfill these duties can result in a misdemeanor charge, with potential penalties including jail or probation of up to 12 months and a fine of $0 to $1000. There is no automatic license suspension for this offense.

Accident with private property (e.g., mailbox)

O.C.G.A. 40-6-273

This offense applies when a driver is involved in an accident with an unattended vehicle or property, such as a mailbox or fence, and fails to leave their identifying information or notify the owner. This is a lesser offense than the others and carries a maximum fine of $500. There is no automatic suspension with this offense.

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Criminal defense for hit and run charges

Talk to an attorney before interacting with the police or your insurance company following a potential hit and run situation. This is especially true if you are unsure of your responsibilities or potential legal consequences.

An attorney can provide guidance on how to communicate with law enforcement and insurance companies, and protect your rights and interests.

You may hear from someone in the Hit and Run Investigation Unit. Keep in mind that detectives are trained to gather evidence and may be skilled at appearing friendly and reasonable while obtaining the information they need to support a hit-and-run charge.

Consulting with an attorney beforehand can help ensure that you do not inadvertently provide evidence that could be used against you. Erin Gerstenzang is an experienced hit and run attorney. She is available to discuss the circumstances of your case and help you navigate the legal process.

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