Jail Time For Hit And Run Violation

A hit and run violation occurs when one of the parties in an accident leaves the scene of the incident before any report can be generated by a law enforcement officer. This offense can, and often does, carry many different penalties that depend on both the jurisdiction the crime occurred in and the specific circumstances in each and every case. Each state has its own laws regarding hit-and-run cases, so it’s important to know how the state you live in handles these matters, should you find yourself in this frightening situation.

Felony vs. Misdemeanor

In most cases, a typical hit-and-run accident is considered to be a misdemeanor, unless

The court can prove or the defendant admits to either gross negligence or drunkenness or
The accident resulted in an injury or even in the death of anyone involved in the accident.

In these cases, some law enforcement agencies have had a tough time prosecuting in hit-and-run accidents because if there isn’t a living witness, and the driver flees the scene, the driver can refuse to testify or provide a statement, often causing the case to go cold. Many legislatures are currently working on changing these laws so that if the owner of a vehicle won’t cooperate with a hit-and-run investigation they can be charged with the crime themselves.

Potential Penalties

In cases of misdemeanor hit-and-run, usually involving an occupied vehicle and an unoccupied vehicle or inanimate object, the party deemed responsible is typically given a citation. However, some misdemeanor cases, especially ones that involve a driver with prior traffic crimes, can result in jail time for the defendant. Sentences are dependent on the judge presiding over the case, and the severity of the circumstances. Misdemeanors do not allow for the sentencing of jail time lasting over one year, or for the assessment of a fine valued over $5,000.

When a driver commits a hit-and-run that results in the injury or death of another person, or if it’s later proven that the driver was intoxicated at the time of a hit and run accident, these circumstances can lead to a felony conviction for the crime. Also, if the guilty party has prior traffic convictions of a similar nature, this can automatically persuade the court to file for a felony charge. Felony charges in a typical hit-and-run can include a fine up to $20,000, and imprisonment of anywhere from 1 to 15 years, depending on the case and whether the accident caused injury or loss of life for another.

Getting Help

Whether the charge filed against you is a felony or a misdemeanor, a hit-and-run conviction on your record will be taken very seriously. Thus, you need to take any allegations against you very seriously. You should know the local laws and regulations for this crime, and seek the advice of an experienced criminal attorney.

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