CRIMINAL DEFENSE
Hit and Run
If you have been accused of a hit and run accident in a parking lot, parking garage, or hit and run on the road, you are entitled to representation by an attorney. These accusations are very serious and require a Criminal Defense Attorney that practices in your state. We have Criminal Defense attorneys in Atlanta GA that are able to handle these types of cases. This can be a scary time and you will need an excellent and honest hit and run criminal defense attorney.
CONTACT POTRA LAW FIRM IF YOU NEED CRIMINAL DEFENSE REPRESENTATION
Will a Hit and Run have immigration consequences?
Yes, Hit and Run offenses carry very serious immigration consequences. Hit and Run offenses can be included in two categories of offenses called Crimes Involving Moral Turpitude (CIMTs) and Aggravated Felonies depending on the circumstances. A conviction of a CIMT and Aggravated Felony can mean severe consequences with the immigration court and USCIS including mandatory detention in immigration detention, ineligibility for future immigration benefits, and deportation. The question of whether your Hit and Run conviction will be considered a CIMT or Aggravated Felony is complex and involves an analysis of the elements with which you were charged and convicted. You should always consult with an experienced attorney if you have questions about a pending Hit and Run or Hit and Run conviction.
Will a Hit and Run affect my naturalization?
Yes, a hit and run offense will affect your naturalization. When you apply for Naturalization (Form N-400), USCIS will consider Good Moral Character (GMC) as part of a range of factors about whether to approve or deny your application. USCIS looks at the past five years preceding your N-400 in making a find of GMC. A conviction of a CIMT or Aggravated Felony, including a Hit and Run offense, may impact a finding of GMC. In addition, you must generally disclose all convictions when asked in all applications to USCIS, including CIMTs and Aggravated Felonies. If USCIS determines that you failed to disclose a conviction when asked to do so, it may revoke any approved benefit, including Naturalization. You should always consult with an experienced immigration attorney before filing any application before USCIS with a criminal conviction on your record.
Can you go to jail for leaving the scene of an accident?
The police will usually arrest you if they determine you are a Hit and Run driver. You will be taken to jail and will be required to bond out while your case is pending. After conviction, Georgia law allows for sentences up to a year for misdemeanor cases of Hit and Run. If the accident involves a death or serious injury, they will be charged with Felony Hit and Run. The penalties you face escalate to not less than a year in prison up to 5 years in prison depending on the circumstances. Other serious charges are also possible including Serious Injury by Vehicle and Vehicular Homicide.
Is it a hit and run if there is no damage?
Yes, it is considered a Hit and Run even if there are no damages. You should never leave the scene of an accident even if there is no apparent damage to your vehicle or other vehicles. Always exchange information with the other driver if you were involved in an accident. There is often hidden damage that may not be plainly visible until after you leave the scene. The police may charge you with Hit and Run if they determine you left the scene of an accident with damage to the other driver’s vehicle without exchanging information. Conversely, if your vehicle was damaged, you will not be compensated for the damages to your vehicle unless you have the information of the other driver.
Is hitting a parked car a hit and run?
C.G.A. § 40-6-271 requires that any driver of any vehicle which collides with an unattended vehicle must take reasonable steps to locate the driver and exchange information. Otherwise, you must leave a written notice in a conspicuous place that informs the driver of the accident and provides your information. Failure to do so is an offense called “Duty Upon Striking Unattended Vehicle.”
What to do if someone hits your parked car and doesn’t leave a note?
If someone hits your parked car and does not leave a note, under O.C.G.A § 40-6-271, the driver of a vehicle who strikes an unattended vehicle must take reasonable steps to locate the owner of the vehicle and exchange their information. If the driver cannot be located, the driver must leave a written notice in a conspicuous place providing their information. If you believe someone has hit your parked car and left the scene of the accident, you should contact the police and make a report.
What should you do if you hit a parked car and can’t find the owner?
If you hit a parked car and can’t find the owner, C.G.A. § 40-6-271 requires that any driver of any vehicle which collides with an unattended vehicle must take reasonable steps to locate the driver and exchange information. Otherwise, you must leave a written notice in a conspicuous place that informs the driver of the accident and provides your information. Failure to do so is an offense called “Duty Upon Striking Unattended Vehicle.”
Frequently Asked Questions
How serious is a hit and run charge?
Hit and Run is a very serious traffic offense. You can face mandatory fines, jail time, license suspension, and serious immigration consequences. You should consult with an attorney if you are facing a Hit and Run Charge.
How much is a hit and run fine?
O.C.G.A. § 40-6-270 lays out the penalties for Hit and Run. Generally, Hit and Run is a misdemeanor that carries up to 12 months in jail and $1000 fine. A 1st offense mandates a minimum $300 fine. There is a mandatory $600 fine for a 2nd offense. For a 3rd or subsequent offense, the mandatory fine is $1000.
Do first time DUI offenders go to jail?
Yes, Georgia law requires first time DUI offenders to serve a minimum of 24 hours in jail.
How is DUI related to hit and run?
Oftentimes, people will flee the scene of an accident because they were intoxicated while they were driving. If the police locate a hit and run driver and determine they were also driving intoxicated, the driver may also be charged with Driving Under the Influence. Prosecutors tend to view Hit and Run accidents much more harshly if alcohol was involved, especially if there were injuries at the scene.
What is the penalty for hit and run with no injuries?
Under Georgia law, a Hit and Run offense that involves no injuries is a misdemeanor that carries up to 12 months in jail and a fine that cannot be less than $300 or more than $1000 dollars. Your license will also be suspended upon conviction.
Do I need a lawyer for hit and run?
Yes, you should retain a lawyer for a Hit and Run offense. Hit and Run is a serious traffic offense that can carry significant consequences, including jail time, immigration consequences, license suspension, and increased insurance rates. An attorney will know possible legal defenses and can help you avoid some or all of these consequences.
Can a hit and run be dismissed?
In Georgia, prosecutors have the burden to bring criminal charges. Therefore, only prosecutors have the ability to drop or amend charges. However, an experienced attorney can help explain the circumstances of an accident to convince a prosecutor to drop Hit and Run charges in certain cases.
Can hit and run charges be dropped?
In Georgia, prosecutors have the burden to bring criminal charges. Therefore, only prosecutors have the ability to drop or amend charges. However, an experienced attorney can help explain the circumstances of an accident to convince a prosecutor to drop Hit and Run charges in certain cases.
Can you be charged for hit and run?
Yes, depending on the evidence in your case. Hit and Run charges are typically brought after the police determine someone fled the scene of an accident and they believe they have enough evidence to determine who that person was. The exact charge that will be filed in court will depend on the circumstances of the accident. You should consult with an attorney if you are facing a Hit and Run charge.
Let one of our Atlanta criminal defense attorneys evaluate your case today.
A Hit and Run offense can have serious consequences – contact a Criminal Defense attorney at Potra Law Firm today. We can provide the advice and counsel you need when facing hit and run charges. We’re here and ready to help.
