A hit and run accusation can turn a single moment on the road into a life-altering situation. As a criminal defense lawyer, I’ve seen how quickly misunderstandings, panic, or incomplete information can lead to charges that do not reflect what actually happened. Not every hit and run involves a reckless decision to flee.
In this blog, we’ll discuss what a hit and run is under Georgia law, the penalties for a hit and run, and why it is critical to have an experienced defense attorney by your side.
What is a Hit and Run Under Georgia law?
Under O.C.G.A. § 40-6-270(a), the driver of any vehicle involved in an accident that: (1) results in injury to another person, (2) results in the death of any person, or (3) results in damage to a vehicle which is driven or attended by any person must immediately stop their vehicle at the scene of the accident, or as close as possible to the scene of the accident, and return to the scene of the accident.
Once stopped at or near the scene of the accident, the driver must:
- Give their name and address and the registration number of the vehicle they are driving;
- Upon request and if it is available, show their license to the person who was collided with, the driver of the vehicle that was collided with, the occupant of the vehicle that was collided with, or the person attending the vehicle that was collided with;
- Render to any person injured in the accident reasonable assistance, including transporting or arranging transportation of the injured person to a physician, surgeon, or hospital for medical or surgical treatment if: (1) it is apparent that such treatment is necessary, or (2) if transportation is requested by the injured person; and
- If the injured person is unconscious, appears deceased, or is otherwise unable to communicate, make every reasonable effort to ensure that emergency medical services and local law enforcement are contacted for the purpose of reporting the accident and making a request for assistance.
The driver must remain at the scene of the accident until all of the requirements above are fulfilled. If the driver does not remain at the scene of the accident, they have committed a hit and run.
Penalties for a Hit and Run
If the accident is the proximate cause of death or a serious injury, any person knowingly failing to stop and comply with the requirements above will be guilty of a felony. The person can be punished by imprisonment for at least one year and no more than five years.
If the accident is the proximate cause of an injury other than a serious injury or if the accident resulted in damage to a vehicle that is driven or attended by any person, any person knowingly failing to stop or comply with the requirements of O.C.G.A. § 40-6-270 will be guilty of a misdemeanor and:
- Following the first conviction, will be fined at least $300.00 and no more than $1,000.00 (and the fine will not be subject to suspension, stay, or probation), or imprisoned for up to 12 months, or both;
- Following the second conviction within a five-year period of time will be fined at least $600.00 and no more than $1,000.00 (and the fine will not be subject to suspension, stay, or probation), or imprisoned for up to 12 months, or both;
- Following the third or subsequent conviction within a five-year period of time will be fined $1,000.00 (and the fine will not be subject to suspension, stay, or probation), or imprisoned for up to 12 months, or both.
Do Pleas of Nolo Contendere Count as a Prior Conviction Under O.C.G.A. § 40-6-270?
Yes, previous pleas of nolo contendere count as a prior conviction if you are receiving your second or subsequent hit and run conviction. In other words, if you accepted a plea of nolo contendere and then, four years later, you are convicted of a misdemeanor hit and run, the previous nolo contendere plea will count as a conviction. As a result, you will be treated as if you had a prior conviction at sentencing and will be subject to a higher minimum fine.
What if I Can’t Afford the Fine?
If the fine will impose an economic hardship, the judge can order that you pay the fine in installments. The order can be enforced through a contempt proceeding or revocation of any probation.
If You are Charged with a Hit and Run, Give Me a Call.
You should consult with an attorney prior to going to court in your case. There are many possible defenses, and all of these defenses are dependent upon the facts of your particular case. You should discuss every detail of your case with your Georgia criminal defense attorney, who will help you decide the best course of action for you. You deserve to know all of your options and have a competent attorney by your side. Call me today!
