Charlotte Criminal Lawyer Blog
Hit and Run Laws in North Carolina
Vehicle accidents are common occurrences. Most accidents involve minor fender benders, although some result in serious injuries and damages. Whenever a driver is involved in a traffic accident, they must follow the law. A person who fails to stay on the scene of a crash or does not report an accident may be subject to penalties and could face criminal charges in some cases. If you have been charged, a knowledgeable criminal defense attorney will help guide your defense and protect your rights.
Hit and Run Law in North Carolina
North Carolina law requires a driver to stop after a crash. When a driver knows or reasonably should have known that the vehicle they were driving was involved in an accident with potential damages or injuries, the driver must not leave the scene. The driver must provide assistance to an injured party and must provide their name and insurance information to the other driver. Additionally, the driver needs to notify the police or file an accident report. Law enforcement is required to file a crash report within 24 hours of the incident.
Is Hit and Run a Crime?
The law is clear that police can charge a driver with hit and run for leaving the scene of an accident. Charges may be either a misdemeanor or felony, depending on the circumstances of the event. You may be charged with a Class 1 misdemeanor for leaving the scene of an accident that resulted in property damage only or in a situation where you were unaware of an injury or fatality. You may be charged with a Class F or Class H felony if you left the scene and did not return if you were instructed to do so by a member of law enforcement.
Penalties for Hit and Run Charges
The penalties for a hit and run conviction can be serious. If convicted of a misdemeanor, you could face penalties that include a period of incarceration along with fines. If convicted of a felony, you will face a prison sentence of up to almost five years as well as fines. In addition, you may also have your driver’s license suspended, depending on the circumstances of the accident.
Defending Hit and Run Charges
If you have been accused of being the driver in a hit and run accident, you will want to vigorously defend the charges. It is important to know that to convict you of the charges, the state must show that a reasonable person would or should have known that there were damages or injuries and that they should not leave the scene. One way to disprove the charges is to show that your vehicle does not have damages consistent with the accident.
If your vehicle has damage, you can prove that the damage occurred prior to the accident in question by producing documents from a previous unrelated accident. You may also be able to prove that you were not near the scene of the accident at the date and time it happened. There are a number of documents and statements that you can provide that will help to defend the charges against you.
In some cases, you may be able to get the charges reduced or even eliminated based on a lack of evidence. Contact our experienced legal team at Arnold & Smith, PLLC, at (704) 370-2828 to discuss the details of your case today.
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_15a/gs_15a-1340.23.html
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