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Have you been charged with Hit & Run in Dekalb County?

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Do you know your responsibilities when involved in a car accident in the State of Georgia?  Many people don’t.  Every day, Georgia drivers find themselves charged with one of the worst traffic offenses someone can have on their driving record, hit and run.

Every person driving on Georgia roads has five distinct responsibilities that they must adhere to when involved in car accident involving death, injury, or damage to someone else’s vehicle.   The responsibilities must be met in order to avoid being charged with hit and run.

First, if you are involved in a car accident involving damage to another vehicle, injury, or death then you must provide the other driver your name, address, and the registration number of the vehicle you are driving.   Next, upon request, you must present your operator’s license (driver’s license) to the person struck or the driver or occupant of the other vehicle.  If someone is injured, you are required to give reasonable assistance to that person, including transporting or make arrangements to transport the person to a medical professional.  Also, if the other driver is unconscious or deceased, you must make every reasonable effort to contact medical services and local law enforcement (Call 911).  Finally, and most importantly, you must remain at the scene of the accident until all of the requirements mentioned above are fulfilled.

Most of the requirements seem to be common sense.  But a common, and unfortunate situation, is when a Georgia driver is involved in a car accident where both parties appear to be ok and there is little damage to the vehicles.  The other driver, we’ll call him John, tells you: “Everything is fine.  I don’t think we need to call the cops.”  Initially, you think that everything is fine and you can go about your business, only to later find out that “John” has called the police and reported the accident.   To make matters worse, “John” let the police know that you left the scene!   The police can then go the magistrate court and take a warrant for hit and run, leaving you with an active warrant for your arrest…

Sound like a nightmare? Believe me, it is.

A conviction for a hit and run charge can result in severe consequences on your criminal history and the suspension of your driver’s license.  If someone is injured or dies as a result of the accident, then you can be charged with a felony and face up to three years in prison.   More common, if there is damage to other driver’s vehicle, and you are convicted of hit and run, you can receive up to twelve months in jail and $1000 fine.  And if that’s not enough, a conviction for hit and run will suspend your driver’s license.

If you have found yourself charged with hit and run in Dekalb County, do not go to court and just plead guilty.  Contact our lawyers immediately to discuss your options and how to protect your rights going forward.  Our lawyers are trained to handle hit and run cases and are available for a free consultation.  Please call 404-581-0999 to setup a consultation as soon as possible.

HIT AND RUN

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In Georgia, leaving the scene of an accident will most frequently be classified as a misdemeanor offense, and is defined as a “hit and run.” It can have serious consequences in the laws of our state, including collateral consequences, such as a suspension of the accused person’s driver’s license. According to O.C.G.A. § 40-6-270, the driver of any vehicle involved in an accident, which results in an injury/ death of a person, or damage to another vehicle, has the duty to immediately stop after the accident. A driver also has the duty to return to the scene of the accident if he/she did not immediately stop their vehicle. When the driver has returned to the scene, he/she also has the following duties:

  1. The driver must give their name, address, and registration number of their vehicle;
  2. Upon request, show proof of their driver’s license;
  3. If any person is injured in the accident, the driver has the duty to assist the injured person; and
  4. If any person is unconscious or appears deceased, the driver must call 911.

A hit and run in Georgia usually will be classified as a misdemeanor, however, if the accident is the cause of a person’s death or serious injury, the accused could be charged with a felony offense, which includes a prison sentence of 1-5 years in custody. In all other cases, a hit and run will be classified as a misdemeanor with a penalty of up to 12 months in jail and a $1000 fine.

REDUCED CHARGES

An experienced criminal defense attorney will negotiate with the prosecution to reduce a hit and run to a lesser offense. A hit and run charge will suspend an accused person’s driver’s license for a period of four months. Therefore, it is of vital importance to either be found “not guilty” of hit and run, or to reduce the hit and run to a non-suspendable offense.

The most common alternatives to a hit and run are (1) striking an unattended vehicle, or (2) duty to report. Striking an unattended vehicle, pursuant to O.C.G.A. § 40-6-271, means that a driver collides with an unattended vehicle and did not immediately stop to locate the owner of the vehicle. Duty to report, pursuant to O.C.G.A. § 40-6-273, describes a circumstance where the driver is obligated to report an accident to the local police department when there are injuries to another party.

Both alternative charges are non-suspendable offenses. This means that there will not be a license suspension attached, if convicted. Therefore, because the accused will avoid a license suspension, reduced charges tend to be more favorable, and an experienced criminal defense attorney will attempt to negotiate for that resolution in order to save their client’s license.

Due to the complexity of a hit and run charge, it is of vital importance to hire an experienced criminal defense attorney who is knowledgeable of all possible options for their client, trained at defending such allegations, and zealously advocates for their client’s constitutional rights. At the Law Offices of W. Scott Smith, we do just that. Therefore, if you or a loved one has been cited or arrested for a hit and run, please call our office today at 404-581-0999 for a free consultation.