Leaving the scene of an accident to avoid DUI: hit-and-run lawyer tips
You all well know that leaving the scene of an accident is an illegal thing and never a good thing at all, right? However, if you were under the influence of drugs or alcohol, the temptation of leaving the scene of an accident is understandably high, isn’t it?
As told by many experienced car accident attorneys, it is not uncommon for people to make mistakes, and leaving the scene of an accident to avoid driving with under the influence (DWI) charges remains one of the mistakes we usually make in our lives.
After consulting with 2-3 hit-and-run lawyers, I am here writing this article to help drivers who could have found themselves in such a situation, by providing them with valuable information and what to do next.
Further reading: What happens if both drivers leave the scene of an accident?
In this article, I will explore the possible consequences of leaving the scene of an accident, how you may navigate the complex legal systems, and the potential options available for you or any other driver(s) out there seeking ways to escape hit and run charges.
Whether you are a first-time hit and run offender or someone with past bad criminal records, I believe this article will help you solve your current dilemma and also help to avoid future mistakes.
By taking the right steps, you or your loved ones may have a chance of minimizing the damage to your reputation, your finances, and your freedom. So if you or any loved one left the scene of an accident to avoid a DUI charge, read on to learn more about your options and how to move forward.
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What Happens If You Leave the Scene of an Accident?
I guess every one of us knows that a driver that leaves the scene of an accident commits a hit and run crime.
To avoid hit and run criminal charges, you are required to stop at the scene of an accident and do the following:
- Exchange contact and other personal information
- Exchange insurance information
- Render help if there are injuries and
- Report the accident to the police.
“So many things happen when you leave the scene of an accident without fulfilling your legal obligations”, says Aaron Feuer, a car accident attorney at Morgan and Morgan firm.
According to Aaron Feuer, the following could happen if you chose to leave the scene of an accident:
1. Criminal charges. In many states across the USA, it’s a crime to leave the scene of an accident. Your hit and run charges will of course depend on the laws and severity of the accident.
2. Suspension or revocation of driver’s license. One of the many consequences of hit-and-run crime is suspension or revocation of your driver’s license. This will make it difficult for you to drive legally.
3. Insurance rates. According to Adam Irvin, a hit and run lawyer at Morgan and Morgan law group, “leaving the scene of an accident conviction could raise your future insurance rates, or have your current policy suspended.”
4. Civil lawsuits. If someone is injured or died due to a car accident, there is a likelihood of facing lawsuits from their families seeking compensation for the medical bills, lost wages, and other damages.
5. Jail time and fines. I do not know where you live but leaving the scene of an accident may earn you a couple of months or years in jail or prison. You may also be liable to pay hefty fines.
6. Criminal record. Do you want to live a better life? avoid committing hit and run crimes. leaving the scene of an accident could result in a criminal record. Such records have a future effect on employment, housing, and other things in your life.
7. Difficult in finding affordable car insurance companies. Insurance companies do not like doing business with drivers who exhibit a criminal history.
I Panicked and Left the Scene of an Accident-what to do?
Just like I said before, it’s understandable if you panicked and left the scene of an accident. In fact many of us do. But as many lawyers will say, ignorance has no defense.
“If you panicked and left the scene of an accident, I recommend you return to the scene as soon as possible. You could explain to the authorities that you did not find a safe parking point nearer to the scene”, says Adam Jacobson, a personal injury lawyer.
You could also consider turning yourself in or speaking to a legal officer for experienced representation.
“It’s crucial to turn yourself in and provide your contact and insurance information, cooperate with the police, and avoid admitting fault. Contacting an attorney and documenting everything about the accident can help build a strong defense”, concludes Adam Jacobson.
How to Beat a Leaving the Scene of an Accident Ticket?
You committed a hit and run and a few meters away, you are comprehended by authorities. Worse more, the police issued you a hit and run ticket or any traffic citation. How do you beat a hit and run ticket?
Hope you still remember that leaving the scene of an accident could earn you prison/ jail time of up to 25 years, fines of up to $20,000, and other penalties.
Do you need to beat a leaving scene of an accident ticket? Please do this. “Consult with a lawyer, gather evidence and witnesses, and be cooperative with law enforcement. Avoid making any admissions of guilt and consider negotiating a plea deal”, says Adam Brum, a car accident attorney.
Is it Better to Flee the Scene of a Crash If You Are Inebriated?
Yes, it’s a crime to drive intoxicated or drunk. But do you need to flee the scene of an accident if you are inebriated? well, the answer is a big No!
Here is an example. Assume you knocked down another car and someone dies in the accident. If you fled the scene of such a accident, you will be likely faced with charges of a hit and run felony.
According to Statutory Maximum Sentences for Felony Offenses, the maximum prison time for charges of a felony is somewhere between 15-30 years. In some instances, it could be a lifetime imprisonment.
According to Types of DUI Charge, the charges of DUI are 6 months in jail and or a fine of up to $1,000.
Now let’s use our judgment. Would you want to leave the scene of an accident and spend more than 15 years in prison, or stay at the scene of an accident and go to jail for only 6 months for a DUI?
Having that said, you are likely to face both hit and run charges and DUI charges if you caused an accident and still left the scene of an accident.
On the other, a DWI driver who stops at the scene of an accident has a chance of facing only charges of DUI/DWI. But of course, this depends on the circumstances of the accident and laws in your area of jurisdiction, but it’s still better than committing 2 crimes.
“If you committed 2 crimes, ie leaving the scene of an accident and a DUI, you may be charged in 2 different courts, and your cases could be handled by 2 different judges”, says John Morgan, a car accident lawyer at Morgan & Morgan.
I will ask you this question drawing from the above statement. Do you really think juggling 2 cases is better than dealing with one criminal case? Of course, I know “it depends” lies among the answers, but I bet, dealing with one is better.
Leaving the Scene of an Accident to Avoid DUI in Michigan
Just like other states, it’s a crime to leave the scene of an accident in Michigan.
If the accident resulted in no injuries or property damages, yes, leaving the scene of an accident to avoid DUI in Michigan makes sense. After all, police waste no time and resources finding drivers who committed minor hit and run cases.
I highly recommend you stay at the scene of an accident if people sustained injuries or lost their lives in the accident. You would rather face only DUI charges other than face both DUI and hit and run penalties.
What is the Penalty for DUI Hit and Run in California?
Depending on the circumstances of the accident, and the severity of the accident, you are more likely to face charges of hit and run separately in California.
Also, hit-and-run charges depend on the severity of the crime. Charges of minor hit and run (misdemeanor hit and run) differ from felony hit and run.
For example, a driver convicted of a felony hit and run in California faces up to 4 years in prison and a fine of up to $10,000. If you committed a minor hit and run case, your penalties in California will be up to 6 months in jail and a fine of up to $1,000.
What about the penalties for a DUI in California? well, In California, a first-time DUI conviction carries three common penalties: up to three years of probation, a fine ranging from $390 to $1,000, and the requirement to complete a 30-hour first-offender alcohol program, which costs $500.
Is DUI Hit and Run a Felony in California?
Just like a hit and run crime, a DUI in California can be a felony or a misdemeanor. This implies that a person who committed a DUI hit and run has 4 possible charges ie
- A DUI felony
- A DUI misdemeanor
- A hit and run Felony and
- A hit and run misdemeanor.
Note that you will be charged with 2 or more of the above crimes if you are convicted of leaving the scene of an accident and at the same time found guilty of DUI or DWI.
Will I Go to Jail for Hit and Run in California?
Prison/ jail time is one of the penalties for a hit and run in California.
Yes, you will go to jail or prison for a hit and run in California, but the sentence depends on the circumstances of the crime and the severity of the accident. Expect to go to jail/prison for a period between 6 months and 6 years for a hit and run in California.
Will I Go to Jail for My First DUI in California?
A first-time DUI in California is more likely to be a misdemeanor unless someone died due to your negligence. A first-time DUI in California is most likely to earn you a 4-8 months suspension.
Subsequent DUI cases in California will earn you at least 12 months of suspension. Depending on the outcomes of the DUI, yes you could go to prison whether it’s a first-time DUI or a subsequent one.
DUI Hit and Run Property Damage
DUI hit and run refers to when you drove intoxicated causing a crash and then left the scene of an accident where there are only property damages.
DUI hit and run property damages is an offense that can result in severe legal consequences as I already explained earlier in this article.
Which is Worse Leaving the Scene of an Accident or DUI?
Well, both leaving the scene of an accident and DUI (Driving under the influence) as I said earlier are serious crimes with serious legal implications.
However, compared to a DUI, leaving the scene of an accident has serious consequences because it shows a lack of responsibility and accountability for one’s actions.
If you asked me, in my opinion, leaving the scene of an accident looks worse in the eyes of a judge/jury than a DUI.
Conclusion.
In conclusion, fleeing the scene of an accident to avoid being arrested for DUI is wrong on both legal and moral grounds. Accepting responsibility for one’s actions is vital, especially when they have harmed other people or their possessions.
Source:
- California DUI Laws. website: https://www.forbes.com/advisor/legal/dui/california-dui-laws/#:~:text=Three%20common%20punishments%20for%20a,price%20of%20which%20is%20%24500.
- Hit-and-Run DUI Accidents: https://dui.drivinglaws.org/dui-hit-and-run-penalties.htm
