Key Takeaways: Virginia Hit & Run Law
- Virginia law (Code § 46.2-894) mandates stopping and reporting accidents involving property damage, injury, or death.
- Hit and run can be a felony or a misdemeanor depending on the severity of the accident and the value of damage.
- Convictions carry severe penalties, including potential jail time, hefty fines, and mandatory license suspension.
- Immediate, proper action after an accident, guided by legal counsel, is crucial for protecting your rights.
- Numerous defense strategies exist, but require a seasoned attorney to navigate the complexities of Virginia courts and statutes.
Virginia Hit & Run Law: Understanding Felony & Misdemeanor Charges
For over two decades, I’ve dedicated my practice to navigating the intricate labyrinth of Virginia’s legal system, particularly when individuals find themselves facing serious allegations. Among the most challenging and potentially life-altering charges is that of hit and run. This isn’t merely a traffic infraction; it’s a criminal offense with profound implications for your freedom, financial stability, and future.
In the Commonwealth of Virginia, the duty to stop and report an accident is not just a moral obligation—it’s a legal imperative. Whether you’re dealing with a minor fender bender in Fairfax, a more significant incident near Virginia Beach, or a severe collision across Chesapeake, the law requires specific actions. Failing to adhere to these mandates can escalate a simple accident into a felony charge, carrying penalties that can reshape your life for years to come.
This comprehensive guide will demystify Virginia’s hit and run laws, differentiate between misdemeanor and felony charges, detail the penalties, outline the legal process, and shed light on vital defense strategies. My objective is to provide you with the authoritative insight you need to understand the stakes and make informed decisions, drawing from years of practical experience in Virginia courtrooms.
The Gravity of Virginia Hit & Run Charges
Virginia views hit and run incidents with utmost seriousness, classifying them as criminal offenses that can lead to severe legal and personal repercussions, highlighting the state’s emphasis on accountability after an accident.
From my extensive experience, I’ve seen firsthand how a moment of panic or a misjudgment after an accident can snowball into a complex legal nightmare. The Commonwealth of Virginia imposes a strict duty on drivers involved in collisions. This isn’t just about property damage; it’s about ensuring the safety and well-being of all parties involved, including pedestrians, cyclists, and other drivers. The law aims to prevent injured individuals from being left unattended and to ensure that victims of property damage have recourse. When a driver leaves the scene of an accident, they are not only evading responsibility but also potentially obstructing justice and endangering lives.
The sheer number of cases I’ve handled involving hit and run charges underscores the commonality yet profound danger of these situations. What might seem like a minor incident—a scratched bumper in a parking lot, for instance—can escalate rapidly if you fail to meet your legal obligations. Conversely, a severe accident involving injuries or fatalities carries the potential for life-altering felony charges. The legal system is designed to identify and prosecute those who disregard this fundamental duty, making it imperative to understand the specific statutes that govern these situations in Virginia. This offense reflects a deliberate attempt to avoid the consequences of an accident, and the courts, along with agencies like the Virginia State Police and local departments in Fairfax and Chesapeake, are resolute in their pursuit of accountability.
Virginia Hit & Run Laws: Misdemeanor vs. Felony
In Virginia, the distinction between a misdemeanor and a felony hit and run hinges primarily on whether the accident resulted in injury, death, or significant property damage, with specific sections of the Virginia Code outlining these critical differences.
Understanding the nuances of Virginia’s hit and run statutes is paramount. The primary statute governing these offenses is Virginia Code § 46.2-894 (Duty to stop in event of accident involving injury or death). This statute unequivocally states that any driver involved in an accident resulting in injury to or death of any person, or damage to an attended or unattended vehicle or other property, must immediately stop as close to the scene of the accident as reasonably possible.
The distinction between a misdemeanor and a felony charge under Virginia law is crucial:
- Felony Hit and Run: If the accident results in injury to or death of any person, leaving the scene is a Class 5 felony. A conviction carries a potential prison sentence of one to ten years, a fine of up to $2,500, or both. Additionally, and critically, there is a mandatory license suspension of one year. The severity of the injury or whether a death occurred directly dictates the severity of the charge and its associated penalties. This is where a seasoned Virginia hit and run attorney becomes indispensable, particularly in complex cases arising in areas like Fairfax or Virginia Beach.
-
Misdemeanor Hit and Run (Property Damage): If the accident involves only property damage, the severity of the charge depends on the extent of the damage.
- Under Virginia Code § 46.2-896 (Duty to report accidents), if the total damage to property is less than $1,000, it is a Class 1 misdemeanor. Penalties can include up to 12 months in jail, a fine of up to $2,500, and a potential license suspension.
- If the total damage to property is $1,000 or more, it also becomes a Class 5 felony. The penalties are the same as for a felony involving injury or death.
- Unattended Property: Virginia Code § 46.2-897 (Duty to stop in event of accident involving damage to unattended property) specifically addresses incidents where a driver damages an unattended vehicle or other property. The driver must make a reasonable effort to find the owner and provide their name, address, driver’s license number, and vehicle registration number. If the owner cannot be found, a written report must be left conspicuously on the damaged property and a report made to local law enforcement. Failure to do so carries misdemeanor penalties.
My work as a Virginia hit and run attorney has consistently shown that prosecutors, particularly in densely populated areas like Chesapeake and Fairfax, pursue these charges vigorously. The difference between a simple traffic ticket and a criminal record often hinges on the specific circumstances and the swift, knowledgeable actions taken immediately following an incident.
Penalties and Consequences of a Virginia Hit & Run Conviction
A conviction for hit and run in Virginia carries a spectrum of severe consequences, ranging from significant fines and mandatory license suspension to substantial jail time, permanently impacting an individual’s criminal record and future opportunities.
The ramifications of a hit and run conviction extend far beyond the immediate legal penalties. As a Virginia attorney with over 20 years of experience, I’ve seen how these charges can unravel lives. The consequences vary depending on whether the conviction is for a misdemeanor or a felony, but neither should be taken lightly:
-
Incarceration:
- Felony (Class 5): One to ten years in state prison.
- Misdemeanor (Class 1): Up to 12 months in local jail.
The court’s decision on actual incarceration time will depend on the specific facts, your criminal history, and the effectiveness of your legal defense.
-
Fines:
- Felony: Up to $2,500.
- Misdemeanor: Up to $2,500.
These fines are in addition to court costs and restitution for damages.
-
Driver’s License Suspension:
- Felony: Mandatory one-year suspension. Reinstatement typically requires meeting specific DMV requirements.
- Misdemeanor: Potential suspension. The court has discretion here, but it is a common outcome, particularly for repeat offenders or serious incidents.
-
Criminal Record: A hit and run conviction, especially a felony, creates a permanent criminal record. This can have devastating long-term effects on:
- Employment: Many employers conduct background checks, and a criminal record, particularly a felony, can severely limit job prospects.
- Housing: Landlords may deny applications to individuals with criminal convictions.
- Professional Licenses: Certain professions (e.g., healthcare, law, finance) may revoke or deny licenses based on criminal convictions.
- Educational Opportunities: Admission to colleges or universities might be jeopardized.
- Immigration Status: For non-citizens, a felony conviction can lead to deportation.
- Insurance Rates: Expect a significant increase in your auto insurance premiums, potentially making coverage unaffordable. Some insurance companies may even drop your policy.
- Demerit Points: The Virginia Department of Motor Vehicles (DMV) assesses demerit points for traffic offenses. A hit and run conviction carries 6 demerit points, which remain on your driving record for a significant period and can lead to further administrative actions by the DMV, including license suspension if you accumulate too many points.
As a seasoned attorney, I cannot overstate the importance of understanding these potential consequences. Early intervention by an experienced legal professional can often mitigate the most severe outcomes, striving to protect your driving privileges, your financial stability, and your future freedom.
The Legal Process for Hit & Run Charges in Virginia
Navigating a hit and run charge in Virginia involves a multi-stage legal process, commencing with law enforcement investigation and culminating in court proceedings, with specific agencies and courts playing distinct roles at each juncture.
The journey through the Virginia legal system after a hit and run accusation can be daunting. From the moment law enforcement begins its investigation to the final judgment, understanding each step is critical. My role as a Virginia hit and run attorney is to guide clients through this intricate process, ensuring their rights are protected at every turn.
-
Incident & Investigation:
- The Accident: The process begins with an accident. If you leave the scene, a witness or another party may report the incident to law enforcement.
- Police Response: Local police departments (like those in Fairfax County or Chesapeake) or the Virginia State Police will respond. They gather evidence, interview witnesses, review surveillance footage (if available), and attempt to identify the suspect vehicle and driver. Their findings are compiled into a police report.
-
Arrest & Booking:
- If identified, you may be contacted by police, who might seek an interview. It’s crucial to remember your right to remain silent and your right to legal counsel at this stage. Providing statements without an attorney can severely jeopardize your defense.
- If there’s probable cause, you will be arrested and taken to a local jail for booking. This involves fingerprinting, mugshots, and processing.
-
Magistrate & Bail Hearing:
- After booking, you will appear before a Magistrate. The Magistrate will review the charges and determine if there is probable cause for your arrest.
- They will also set bail (bond), which is an amount of money or a promise to appear that allows for your release from custody pending your court date. In some serious felony cases, bail might be denied.
-
Arraignment:
- This is your first appearance in court, typically in the Virginia General District Court. Here, you will be formally informed of the charges against you and asked to enter a plea (guilty, not guilty, or no contest). It’s advisable to plead not guilty at this stage to preserve all your legal options.
- Your attorney will be present to advise you and represent your interests.
-
Preliminary Hearing (for Felonies):
- If charged with a felony hit and run, a preliminary hearing will be scheduled in the General District Court. The prosecution must present enough evidence to show that there is probable cause to believe a crime was committed and that you committed it.
- This is not a full trial, but it provides an opportunity for your attorney to hear the prosecution’s evidence, cross-examine witnesses, and potentially argue for the charge to be dismissed or reduced.
- If probable cause is found, the case is certified to the Virginia Circuit Court for grand jury review.
-
Grand Jury (for Felonies):
- A grand jury reviews the evidence presented by the prosecutor to determine if there’s enough evidence to issue an indictment (a formal charge). This process is typically held in secret, and your attorney cannot present evidence or argue on your behalf at this stage.
- If indicted, your case proceeds to the Circuit Court for trial.
-
Trial (General District Court or Circuit Court):
- Misdemeanors: Cases are tried in the General District Court, usually before a judge (no jury).
- Felonies: Cases are tried in the Circuit Court, where you have the right to a jury trial or a bench trial (judge alone).
- During the trial, both the prosecution and your defense attorney will present evidence, call witnesses, and make arguments.
-
Sentencing:
- If found guilty, the court will proceed to sentencing. This might occur immediately after the verdict or be scheduled for a later date, allowing for a pre-sentence investigation report.
- The judge will consider factors like your criminal history, the severity of the offense, and any mitigating circumstances presented by your attorney.
-
Appeals:
- If convicted, you have the right to appeal the decision to a higher court, such as the Court of Appeals of Virginia or the Supreme Court of Virginia, if there were legal errors in the original trial.
Each stage of this process is critical, and decisions made early on can significantly impact the outcome. Having Law Offices Of SRIS, P.C. by your side means having an experienced guide through every step, whether it’s dealing with the Department of Motor Vehicles (DMV) regarding license issues or litigating your case in the General District or Circuit Courts.
The SRIS Post-Accident Incident Response Guide
In the aftermath of an accident, particularly one where you might be disoriented or unsure of your next steps, immediate and correct action is paramount. This guide is designed by Law Offices Of SRIS, P.C. to help you navigate the crucial moments following a collision and ensure you meet your legal obligations while protecting your rights. Remember, this guide is for informational purposes; always consult with a seasoned attorney for personalized legal advice.
SRIS Post-Accident Incident Response Checklist
- Stop Immediately & Safely:
- Pull your vehicle over to a safe location if possible, off the main roadway.
- Turn on your hazard lights.
- If the accident involves injury or significant property damage, do not move the vehicles unless absolutely necessary for safety.
- Assess for Injuries & Call for Help:
- Check yourself and any passengers for injuries.
- If anyone is injured, or if the accident involves significant property damage, immediately call 911 (or local emergency services). Report the incident clearly.
- Exchange Information (If Applicable):
- With other drivers: Name, address, phone number, insurance company and policy number, driver’s license number, vehicle make, model, year, and license plate number.
- With property owners (if unattended property): Leave a written note securely on the damaged property containing your contact information and a brief explanation of the incident.
- Document the Scene:
- Photos/Videos: Use your phone to take clear photos and videos of the scene from multiple angles. Capture vehicle damage, road conditions, traffic signals, skid marks, debris, and any relevant surroundings.
- Witnesses: Ask any witnesses for their contact information (name, phone number, email). Do not pressure them for statements.
- Police Report: Obtain the police report number and the responding officer’s name and badge number. Do not admit fault or make assumptions about the accident cause to the police or other parties.
- Do NOT Leave the Scene (Crucial!):
- Even if you believe the damage is minor or no one is injured, leaving without fulfilling your legal obligations (stopping, exchanging info, reporting) can lead to hit and run charges.
- Seek Medical Attention (If Needed):
- Even if you feel fine, some injuries may not manifest immediately. Get a medical evaluation soon after the accident.
- Contact Law Offices Of SRIS, P.C.:
- Before making any statements to insurance companies (yours or the other party’s) or law enforcement beyond what is legally required, contact a seasoned Virginia hit and run attorney.
- A confidential case review with Law Offices Of SRIS, P.C. can help you understand your rights and obligations and develop a strategic response. Call us at 888-437-7747.
Developing a Robust Legal Defense Against Hit & Run Allegations
Building a strong defense against Virginia hit and run charges requires a thorough understanding of legal precedents, meticulous evidence review, and the strategic application of specific arguments to challenge the prosecution’s case, aiming to protect your rights and freedom.
Facing hit and run charges demands a highly strategic and aggressive defense. As a Virginia hit and run attorney with significant courtroom experience, I understand that every case presents unique circumstances, and a successful defense often hinges on meticulously dissecting the prosecution’s evidence and presenting a compelling counter-narrative. Here are some common defense strategies that an experienced legal professional might explore:
-
Lack of Knowledge/Intent:
- A core element of a hit and run charge in Virginia is the driver’s knowledge of the accident. If you can demonstrate that you were genuinely unaware that an accident occurred, or that you caused damage or injury, this can be a powerful defense.
- This defense is particularly relevant in situations involving minor impacts, loud environments, or if the driver had a medical condition that impaired their awareness. However, merely claiming “I didn’t know” is insufficient; it requires supporting evidence and a credible explanation.
-
No Injury or Damage Occurred:
- If the prosecution cannot definitively prove that injury or property damage occurred as a result of your vehicle, the charges may be challenged. This often involves scrutinizing accident reports, photographs, and witness testimony.
-
Misidentification:
- In many hit and run cases, the identification of the vehicle or driver relies on fleeting observations by witnesses or grainy surveillance footage. If your attorney can demonstrate that there’s reasonable doubt regarding your identity as the driver or your vehicle’s involvement, the case against you weakens.
- This could involve alibi defenses, challenging the reliability of eyewitness identification, or presenting evidence that another similar vehicle was involved.
-
Compliance with the Law:
- If you can prove that you did, in fact, stop, exchange information, or report the accident as required by Virginia Code § 46.2-894, § 46.2-896, or § 46.2-897, then the charges should be dismissed.
- This could involve presenting phone records of calls to law enforcement, proof of notes left on unattended vehicles, or witness testimony confirming your compliance.
-
Duress or Emergency Circumstances:
- In rare cases, a driver might have left the scene due to an immediate and overwhelming threat or emergency (e.g., fleeing violence, seeking immediate medical attention for a passenger). While challenging, such circumstances could be presented as a defense.
-
Fault is Irrelevant to the Charge:
- It’s important to note that who was at fault for the accident itself is generally irrelevant to a hit and run charge. The charge is about leaving the scene, not causing the accident. However, the circumstances of the accident might provide context for your actions or lack of awareness.
-
Challenging Evidence:
- A seasoned Virginia hit and run attorney will meticulously review all evidence, including police reports, forensic data, surveillance video, and witness statements. Issues such as improper police procedure, errors in evidence collection, or unreliable witness testimony can be grounds for challenging the prosecution’s case.
The complexity of these cases, especially when navigating the Virginia General District and Circuit Courts, underscores the critical need for experienced legal representation. Law Offices Of SRIS, P.C. brings over two decades of experience to crafting robust defense strategies tailored to the unique facts of your case, whether you’re in Fairfax, Chesapeake, or anywhere else in Virginia.
Common Mistakes to Avoid When Facing Hit & Run Charges
Having represented countless individuals facing serious charges, I’ve observed common pitfalls that can inadvertently harm a person’s defense in a hit and run case. Avoiding these mistakes is just as crucial as building a strong legal strategy.
- Leaving the Scene Without Fulfilling Legal Duties: This is the most critical error. Even if the damage seems minor, or you think no one saw, Virginia law requires specific actions: stopping, exchanging information, or reporting the incident. Failing to do so is the very definition of the offense.
- Making Incriminating Statements to Law Enforcement: Anything you say to police can and will be used against you. Politely invoke your right to remain silent and your right to an attorney. Do not speculate, apologize, or offer explanations without legal counsel present.
- Failing to Document the Scene: If you are involved in an accident, even a minor one, taking photos, gathering witness information, and documenting the scene can be invaluable later. Once you’ve left, this evidence may be lost forever.
- Tampering with Evidence: Do not attempt to repair vehicle damage, dispose of evidence, or alter any aspect of the accident scene or your vehicle. This can lead to additional criminal charges like obstruction of justice.
- Delaying Legal Counsel: The sooner you engage an experienced Virginia hit and run attorney, the better. Early intervention allows your attorney to gather evidence, interview witnesses while memories are fresh, and strategize effectively before the prosecution builds its case.
- Assuming the Charge is Minor: Even a misdemeanor hit and run can have significant consequences, including a criminal record, license suspension, and hefty fines. Do not underestimate the severity of the charge.
- Ignoring Court Summons or DMV Notices: Failure to appear in court or respond to Department of Motor Vehicles (DMV) notices can result in warrants for your arrest, additional charges, and automatic license suspension.
- Discussing Your Case with Others: Limit discussions about your case to your attorney. Anything you say to friends, family, or on social media could be used against you.
Glossary of Key Legal Terms
Navigating legal terminology can be challenging. Here’s a brief glossary of terms you might encounter when dealing with hit and run charges in Virginia:
- Hit and Run:
- In Virginia, this refers to the act of a driver leaving the scene of an accident involving property damage, injury, or death without fulfilling the legal requirements to stop, identify themselves, and provide aid or report the incident.
- Felony:
- A serious criminal offense, typically punishable by imprisonment for more than one year in a state correctional facility. In Virginia, a Class 5 felony carries a sentence of one to ten years.
- Misdemeanor:
- A less serious criminal offense, typically punishable by up to 12 months in local jail and/or a fine. In Virginia, a Class 1 misdemeanor is the most severe type of misdemeanor.
- Arraignment:
- The first court appearance where a defendant is formally advised of the charges and asked to enter a plea (guilty, not guilty, or no contest).
- Probable Cause:
- A reasonable belief, based on facts and circumstances, that a crime has been committed and that the person arrested committed it. This standard is required for arrests and grand jury indictments.
- Indictment:
- A formal accusation by a grand jury that there is enough evidence to warrant a criminal trial against a person. Required for most felony prosecutions in Circuit Court.
- Bench Trial:
- A trial in which a judge hears the case and makes a judgment without a jury. Defendants have the option to waive a jury trial in most felony cases.
Common Scenarios & Questions
Based on my years in practice, I’ve encountered numerous scenarios that lead to hit and run charges. Understanding these can help you avoid common pitfalls and recognize when you need legal intervention.
- Scenario 1: The Minor Fender Bender in a Parking Lot
“I was backing out of a parking space in a crowded Fairfax shopping center and lightly bumped another car. I got out, looked, saw only a tiny scratch that looked like existing damage, and figured it wasn’t worth causing a fuss, so I left. Now I’ve received a summons for hit and run.”
Answer: This is an extremely common scenario that unfortunately leads to charges. Even minor property damage requires you to stop, attempt to locate the owner, and if unsuccessful, leave a note with your information. A “tiny scratch” can easily be valued at over the misdemeanor threshold or simply be enough for the other party to report it. Your perception of the damage’s insignificance does not negate your legal obligation under Virginia Code § 46.2-897.
- Scenario 2: Panicked After a Significant Collision
“I was involved in a significant accident on I-64 near Chesapeake where someone was injured. I panicked, got scared, and just drove away. I know I messed up, and now the police are looking for me. What should I do?”
Answer: This is a severe situation, likely involving a felony hit and run charge due to injury. The panic is understandable, but leaving the scene has serious consequences. Your immediate priority is to contact an attorney. Do not speak to the police without legal counsel present. An attorney can help you understand your options, potentially arrange for a controlled surrender, and begin building a defense based on the circumstances, aiming to mitigate the significant penalties you face.
- Scenario 3: Accused, But Not the Driver
“My car was involved in a hit and run, but I wasn’t driving it. My friend borrowed it and now I’m being questioned by the police because the car is registered to me.”
Answer: This situation often arises. While the vehicle is yours, the hit and run charge applies to the *driver* at the time of the incident. It’s vital that you do not admit to driving if you weren’t. You have a right to remain silent and should contact an attorney immediately. Your attorney can communicate with law enforcement on your behalf, providing necessary information without incriminating you or anyone else unnecessarily, and protect your legal interests.
- Scenario 4: Hit an Unattended Object (e.g., Mailbox, Fence)
“I accidentally hit a mailbox on a rural road, damaging it slightly. I didn’t see anyone around, so I just kept driving.”
Answer: This falls under damage to unattended property, governed by Virginia Code § 46.2-897. The law requires you to make a reasonable effort to find the owner. If unsuccessful, you must leave a written notice containing your name, address, driver’s license number, and vehicle registration number conspicuously on the damaged property. You should also report the incident to local law enforcement. Failure to do so can result in a misdemeanor charge, even for seemingly minor damage.
Frequently Asked Questions About Virginia Hit & Run Law
- Q1: What is the primary difference between a felony and misdemeanor hit and run in Virginia?
- A1: The key difference lies in the outcome of the accident. If the accident results in injury or death to any person, or property damage of $1,000 or more, it’s a felony (Class 5). If it’s only property damage less than $1,000, it’s a misdemeanor (Class 1). Virginia Code § 46.2-894 outlines this.
- Q2: What if I didn’t realize I hit something or someone? Is that a valid defense?
- A2: “Lack of knowledge” can be a defense, but merely stating it is insufficient. You would need to present evidence and a credible argument that a reasonable person in your situation would not have known an accident occurred. This is a complex defense requiring an experienced attorney.
- Q3: Will a hit and run conviction automatically suspend my driver’s license in Virginia?
- A3: A felony hit and run conviction in Virginia carries a mandatory one-year license suspension. For a misdemeanor hit and run, license suspension is possible but at the discretion of the court. In all cases, the DMV will assess demerit points.
- Q4: How long do police have to charge me with hit and run in Virginia?
- A4: For misdemeanor hit and run, the statute of limitations is typically one year from the date of the offense. For felony hit and run, the statute of limitations is generally five years in Virginia.
- Q5: Can I get my hit and run charge reduced or dismissed?
- A5: It is possible, but challenging. An attorney can explore various strategies, such as negotiating with the prosecutor, demonstrating weaknesses in the prosecution’s case, or presenting mitigating factors. Dismissal or reduction depends heavily on the specific facts and the strength of the defense.
- Q6: What should I do if I’ve been contacted by the police about a hit and run?
- A6: Do not make any statements to law enforcement without legal counsel present. Politely inform them you wish to speak with an attorney first. Contact Law Offices Of SRIS, P.C. immediately at 888-437-7747.
- Q7: Will a hit and run conviction affect my car insurance rates?
- A7: Yes, significantly. A hit and run conviction is a serious moving violation and a criminal offense. Your insurance rates will almost certainly increase, and your insurer may even drop your coverage.
- Q8: What if the accident was not my fault, but I left the scene?
- A8: Fault for the accident itself is largely irrelevant to a hit and run charge. The charge is for leaving the scene without fulfilling your legal duties. Even if the other driver was at fault for the collision, you can still be charged with hit and run if you left improperly.
- Q9: Do I have to report an accident if there’s no visible damage?
- A9: Virginia law requires you to stop and report if an accident results in *any* property damage, injury, or death. Even if damage seems non-existent to you, the other party might discover it later. It’s always safer to comply with the law’s requirements.
- Q10: Can a hit and run be expunged from my record in Virginia?
- A10: Expungement of criminal records in Virginia is very limited. If you are convicted of hit and run, particularly a felony, it is highly unlikely to be expungable. Misdemeanor charges may have limited expungement possibilities if dismissed or acquitted, but a conviction typically remains on your record.
- Q11: What is the role of the DMV in hit and run cases?
- A11: The Department of Motor Vehicles (DMV) tracks demerit points and administers license suspensions/revocations as mandated by law or court order. They are responsible for driver’s license reinstatement procedures after a suspension.
- Q12: If I hit a parked car, do I have to call the police?
- A12: Virginia Code § 46.2-897 requires you to attempt to find the owner. If you cannot, you must leave a written note with your information conspicuously on the damaged property AND report the accident to local law enforcement. Not just leaving a note.
- Q13: What happens if I am charged with both hit and run and reckless driving?
- A13: These are separate offenses, and you can be charged with both. Reckless driving pertains to the manner of driving, while hit and run is about your conduct after the accident. Facing both charges means a higher cumulative penalty and requires a comprehensive defense strategy from an experienced attorney.
- Q14: Can a victim pursue a civil claim for damages even if I’m charged with hit and run?
- A14: Yes. A criminal hit and run charge is separate from a civil claim for personal injury or property damage. Even if you are acquitted or the charges are dismissed, the victim can still sue you in civil court for their losses.
- Q15: How can a Virginia hit and run attorney help me?
- A15: A seasoned Virginia hit and run attorney can provide a confidential case review, explain the charges and potential penalties, investigate the incident, gather evidence, negotiate with prosecutors, represent you in court, and develop the most effective defense strategy to protect your rights, minimize penalties, and fight for the best possible outcome.
The decision to leave the scene of an accident in Virginia, whether due to panic, fear, or a simple misjudgment, carries significant and lasting consequences. The legal system in the Commonwealth is resolute in its enforcement of duties following a collision, and ignorance of the law is not a defense.
My two decades of experience as a Virginia hit and run attorney have reinforced one critical truth: early intervention by knowledgeable legal counsel can dramatically alter the trajectory of your case. From understanding the nuances of Virginia Code § 46.2-894 to navigating the complexities of the General District and Circuit Courts, having a seasoned attorney by your side is not merely an advantage—it is a necessity.
If you are facing hit and run charges in Virginia, whether in Fairfax, Chesapeake, or any other jurisdiction, do not delay. The time to act is now. Protect your rights, your future, and your freedom by seeking immediate legal counsel.
Contact Law Offices Of SRIS, P.C. immediately for a confidential case review. Call 888-437-7747.
Disclaimer: This article provides general information about Virginia hit and run law and is not intended as legal advice. The information is not a substitute for consulting with a qualified attorney regarding your specific legal situation. Laws are subject to change, and interpretations may vary. No attorney-client relationship is formed by reading this article.
