Charlotte Criminal Lawyer Blog
What Happens if I Leave the Scene of a DUI Accident?
Accidents occur very frequently. It is probable that you will be involved in an accident at one time or another in your life. When an accident happens, drivers are required to stop and exchange information with the other driver. When a driver leaves the scene of a crash, it is also called a hit-and-run. A hit-and-run can occur with another vehicle on the road, with a pedestrian, or with a parked car, building, or stationary object.
What is a Hit and Run?
A hit-and-run accident is a collision where a driver leaves the scene of a crash. North Carolina law states that drivers must remain on the scene of an accident after it occurs. North Carolina General Statute 20-166 is also called the “hit and run” law. It states that a driver must remain on the scene of any accident in which there is injury, death, or damage to property. Drivers are required to remain at the scene until such time as law enforcement completes their investigation and permits drivers to leave. Failure to obey the law could result in a misdemeanor criminal charge.
Leaving the Scene of a DUI Crash
Driving while impaired (DWI) charges are serious and will have consequences for a driver who is found guilty. However, leaving the scene of a crash that was potentially caused by a driver who is under the influence of drugs or alcohol is more severe. The charges may even be elevated to a felony, especially if the accident resulted in injuries to another person. A person who is driving after having had some alcohol may decide to leave the scene to avoid possible DUI charges. However, leaving the scene of any accident could have harsh penalties.
Penalties for Leaving the Scene of an Accident
Leaving the scene of an accident will likely result in very strong charges. The police will investigate the matter quickly and may utilize a variety of evidence to locate the driver who fled. It is likely that you will be found sooner or later. The severity of the crash will most often dictate whether the charges will be misdemeanors or felonies. Penalties may include the suspension of your driver’s license, fines, jail time, probation, and more. The fact that you left the scene of a crash will be used as an aggravating factor in sentencing.
Defending Hit and Run Charges
Hit and run charges, coupled with DWI charges, can be complex. You will want to put forth a vigorous defense with help from an experienced criminal defense attorney. Your attorney will review all aspects of the situation, such as how and when the police found you and any DWI testing that the police completed. The police must not have violated your rights. There may be a legitimate reason that you left the scene of the accident, such as to seek help. In some cases, you may feel that you were mistakenly identified. In order to be convicted, the prosecutor must prove the charges beyond a reasonable doubt. Your attorney will work to reduce or eliminate charges when possible.
If you are facing criminal charges, contact us at Arnold & Smith, PLLC, at (704) 370-2828 to speak with our skilled legal team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_20/gs_20-166.html
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_20/gs_20-138.1.html
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