Hit and Run

HIT AND RUN DEFINED

Hit and Run (a/k/a Leaving the Scene of an Accident) in the state of Georgia is codified in O.C.G.A. § 40-6-270. Depending on the ciecumstances, Hit and Run may be either a misdemeanor or felony.

Pursuant to Georgia law,

“[t]he driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall:

(1) Give his or her name and address and the registration number of the vehicle he or she is driving;

(2) Upon request and if it is available, exhibit his or her operator’s license to the person struck or the driver or occupant of or person attending any vehicle collided with;

(3) Render to any person injured in such accident reasonable assistance, including the transporting, or the making of arrangements for the transporting, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such transporting is requested by the injured person; and

(4)Where a person injured in such accident 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 shall in every event remain at the scene of the accident until fulfilling the requirements of this subsection. Every such stop shall be made without obstructing traffic more than is necessary.” O.C.G.A. § 40-6-270(a)(1)-(4).

FELONY HIT AND RUN PUNISHMENT

Although often classified as a misdemeanor, in certain circumstances, Hit and Run can rise to the level of a felony in the state of Georgia.

Pursuant to Georgia law, “[i]f [an] accident is the proximate cause of death or a serious injury, any person knowingly failing to stop and comply with the requirements of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.” O.C.G.A. § 40-6-270(b).

MISDEMEANOR HIT AND RUN PUNISHMENT

More often than not, Hit and Run is classified as a misdemeanor in the state of Georgia.

Pursuant to Georgia law,

“[i]f [an] accident is the proximate cause of an injury other than a serious injury or if such accident resulted in damage to a vehicle which is driven or attended by any person, any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a misdemeanor and:

(A)Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both;

(B)Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both; and for purposes of this subparagraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and

(C)Upon the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both; and for purposes of this subparagraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions.” O.C.G.A. § 40-6-270(c)(1)(A)-(C).

CONTACT US

A Hit and Run violation can drastically impact your life, so having a law firm who cares beside you every step of the way can make all the difference.

The Sellers Law Firm, LLC, handles cases throughout Georgia to meet your needs. Whether you’re facing a Hit and Run charge or you just want to ask a few questions, give us a call at 770-415-9848 at The Sellers Law Firm, LLC: where clients become family.

You may also submit a case evaluation request online HERE.