Cited With Leaving the Scene of an Accident (Hit and Run)?
If you have been issued a citation for leaving the scene of an accident that has caused property damage to an attended vehicle, that means you have been cited with a criminal Class A Misdemeanor. Leaving the scene of an accident is a serious charge that should not be taken lightly.
Drivers may be unfamiliar with the requirements that they need to stop after being involved in a car accident. Driver’s may think it is not a big deal and just drive off. Not knowing that you need to stop after being involved in a car accident is not a defense or an excuse for your actions post-accident if you are cited with a Hit and Run citation. Additionally, even if the accident was not the driver’s fault does not relieve the driver from having to stop and exchange information after the accident. This article will discuss leaving the scene of an accident that has caused only property damage to a vehicle that was driven or occupied by another individual, or in other words, an “attended vehicle”.
A driver of a vehicle that is involved in a car accident which has resulted in damage to another vehicle that is driven or occupied by someone must immediately stop and fulfill the requirements of Illinois law. The applicable law is 612 ILCS 5/11-403. If a driver has been involved in a car accident resulting in property damage to an attended vehicle, then the driver must remain on the scene of the accident, or as close thereto, and exchange the driver’s name, address, registration number, and ownership of vehicle details. The driver must also provide their driver’s license upon request by the other driver, occupant or the person that was struck. If these requirements are not met, then the driver is guilty of a Class A Misdemeanor. A Class A Misdemeanor is punishable by up to 12 months in jail, and a fine of up to $2,500.00 plus court assessments. If a driver leaves the scene of an accident that has caused bodily injury or death, then that driver is looking at potential felony charges.
Generally, there will be an investigation after the car accident has occurred. As you can imagine, it would take time to find and locate the one responsible for the hit and run since that individual has left the scene immediately. However, assistance by eyewitnesses or the other driver involved in the accident can possibly provide a license plate number to the detective investigating the scene. Once the officer or detective has a lead on a potential suspect involved in the hit and run, the officer or detective will certainly want to go and interview that individual by either calling or visiting that individual at his or her place of residence among other ways. Remember, you do not need to speak to a police officer or a detective if you are deemed a suspect as anything you say can and will be used against you in a court of law.
Once one is cited for a Class A Misdemeanor Hit and Run citation, then that individual will have to defend this charge. There are numerous ways to defend this charge such as facts indicating that the driver did comply with the statutory requirements as described above. If it can be proven that the driver did, for example, provide his or her name, address, registration number, ownership of the vehicle details and complied with the statutory requirements then a great argument can be made for a dismissal. A dismissal will mean that no criminal conviction will enter against the driver. Another way the charge can be dismissed is if the other driver involved in the accident and all other eyewitnesses do not appear in Court to testify.
If, ultimately, the driver pleads guilty to a conviction for this type of Hit and Run or is found guilty at trial and a conviction is rendered then the judge will have to determine if the damage to the other vehicle is in excess of $1,000.00. The judge may consider evidence and testimony to make this determination. One type of evidence the judge can consider is estimates showing the repair cost. If there is a finding made that damage is in excess of $1,000.00 to the other vehicle and a conviction has been entered, then this report will be sent to the Secretary of the State’s office and the driver will have his driver’s license suspended for 12 months.
If you have been cited with a Class A Misdemeanor Leaving the Scene of an Accident citation, you will need to contact a lawyer immediately to defend this charge. Our law firm provides excellent criminal and traffic defense and represents individuals that have been cited with this offense in DuPage County as well as Will County, Kane County and Cook County. We will be able to help you. Often times, we are able to get tickets dismissed or have the ticket reduced to a less severe offense. Don’t fight the charge alone, give us a call now at (773) 657-4427!