Defense Attorney for Leaving the Scene of a Personal Injury Accident
In Michigan, Leaving the Scene of a Personal Injury Accident carries the possibility of jail, probation, and driver’s license sanctions. With a strong defense, these penalties might be avoided.
Felony and Misdemeanor Leaving the Scene of an Injury Accident Charges
If you are involved in a motor vehicle accident which resulted in an injury to another person, the law requires certain things from you. If you are convicted of failing to abide by the reporting requirements under Michigan law, you might face criminal charges for leaving the scene of a personal injury accident, including the possibility of jail, years of probation, fines, and 6 points on your driver’s license. You will need an astute and highly experienced defense attorney to fend off a conviction and these harsh penalties.
Fair or not, police and the courts presume everyone who has a driver’s license knows all Michigan laws regarding driving in the state.
Requirements After a Personal Injury Accident
If you get into an accident, you must immediately stop your car and exchange information. The information you are required to exchange is your name, address, and registration to the other driver or the police when they arrive. You must also show your driver’s license. You are required to notify the police immediately or as soon as possible if helping injured people delays the immediate notification.
If the accident resulted in injuries or death, you are supposed to render “reasonable assistance in securing medical aid.” You should not move the vehicles if a serious impairment of a bodily function or death has resulted from the accident. If there was an injury or death, the police would want to conduct a thorough investigation, including an accident reconstruction. If the car’s location might result in further harm, you may move it without violating the law. After it is moved, you then must report the accident to the police.
Penalty for Leaving the Scene of an Injury Accident
Leaving the scene of a personal injury accident and not reporting it to the police as soon as possible is a crime. You could be charged with any of the following, depending on the particular circumstances:
Failure to Exchange Information – After an accident, you must provide your name and address and the registration number for your vehicle, including the owner’s name and address, and show your driver’s license to a police officer and the operators of the other involved vehicles. You must then provide reasonable assistance to anyone who is injured. Failure to exchange information is a misdemeanor punishable by up to 1 year in jail, a $1,000.00 fine, and 6 points on your driver’s license. The addition of 6 points to your driving record can result in significantly higher insurance rates.
Failure to Stop at the Scene and Notify the Police Where There Has Been a Serious Injury – If you fail to stop and then notify the police and someone in the accident has suffered a serious injury or death, the penalty can be as high as five (5) years in prison, years of probation, and a $5,000.00 fine.
Failure to Stop at the Scene and Notify the Police Where There Has Been a Death – If you fail to stop and notify the police and a person has died as a result of the accident, the penalty is 15 years in prison, years of probation, and a $10,000.00 fine.
A “leaving the scene of an accident” conviction can have significant consequences if the police pull you over at a later time. A police officer is much less likely to give you a break or a warning if you have a prior conviction for failing to exchange information following an accident.
Defending the Charge of Leaving the Scene of a Personal Injury Accident
As can be easily imagined, being in a personal injury accident would be a shocking, traumatic, and disorienting event. People do not act perfectly or think clearly when they are in shock, especially if they have been physically injured. A person might not be aware that they were in an accident if the impact was not substantial. A savvy, experienced defense lawyer can use mitigating facts such as these to negotiate with the prosecutor for a favorable plea agreement, a lenient sentence, or the dismissal of criminal charges.
Although the goal of the attorneys with LEWIS & DICKSTEIN, P.L.L.C. is always to get charges dismissed and have a case thrown out of court, there are times when the evidence is overwhelming, and a negotiated plea is advisable. No matter the circumstances, we can always find a way to help a client and make things better.
Elite Defense Attorneys for Leaving the Scene of a Personal Injury Accident
The knowledgeable, effective Defense Team at LEWIS & DICKSTEIN, P.L.L.C. have decades of experience successfully defending all types of misdemeanor and felony cases. Whether your case is in Wayne, Oakland, Macomb, Livingston, or Washtenaw County, or anywhere else in Michigan, we will engage in a team effort to make sure you have the best chance of beating a charge or resolving it to your satisfaction. Give us a call, and we will explain how we can help you.
Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.