Leaving the Scene of an Accident is a severe traffic offense – the seriousness of which is elevated when the accident involves injury to a person, such as severe bodily injury. It is illegal to leave the scene of an accident without first providing your name, address, registration information, and driver’s license (should it be requested). One must also identify as the driver unless the driver’s identity is apparent.
An accident involving only property damage is the least serious and constitutes a class 2 misdemeanor, punishable by up to one year in jail. An accident involving only minor injury constitutes a class 1 misdemeanor, punishable by up to one year in jail.
Earlier this year, Governor Hickenlooper signed into law House Bill 12-1084, which significantly elevates the penalties for the offense should the accident result in serious bodily injury to any person. In such circumstances, the case is elevated to a class 4 felony (whereas previously, it would only have constituted a class 5 felony). A class 4 felony is punishable by a sentence of 2 to 6 years in prison.
Should the accident result in a death, the offense constitutes a class 3 felony, which is punishable by a sentence of 4 to 12 years in prison.
Additionally, Leaving the Scene of an Accident is a twelve-point offense; if convicted, you face a loss of your driving privileges along with a habitual traffic offender strike.
Contact a criminal defense lawyer immediately to discuss your case if you have been charged with Leaving the Scene of an Accident.
Have you received an order to appear from a Denver Traffic Detective?
If your vehicle was involved in a hit and run, you are likely to receive an order to appear at the Denver Police Traffic Violations Bureau. These orders can seem like they actually require you to appear at the designated time and place – however, they do not. They are simply requests for you to appear.
Before deciding whether or not to appear, and if you appear, what to do or say, it is best to contact a Denver Criminal Defense Attorney experienced with handling these cases, who can advise you on how best to proceed.
If you were involved in a hit and run, it is best not to speak with the Detective about whether you did or did not drive or what happened. In most instances, it is better to assert your right to counsel but still appear to accept service of any summons and provide the Detective with a copy of your driver’s license and proof of insurance. That way, you can avoid the issuance of a warrant. However, in many cases, not admitting to driving or giving a statement about what occurred can mean you never face charges at all.
There may, however, be some instances in which talking – with an attorney – may make sense. However, these situations are limited and would best be assessed with the assistance of a defense lawyer.
If you have received an order to appear from a Denver Traffic Detective, do not hesitate to contact Kimberly Diego today to discuss your case.
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