Leaving The Scene Of An Accident - Criminal Consequences
Many
drivers have been or will be involved in some kind of motor vehicle accident
during their lifetime. Hopefully the accident is minor and nothing serious
happens to either party. People need to not only worry about increased
premiums, vehicle damage and possible injury, but they also need to worry about
criminal charges.
Whenever
an individual is involved in an accident state law requires him or her to
remain at the scene of the accident until certain things have occurred. In
order to avoid criminal charges, a driver involved in a car accident must,
pursuant to MCL § 257.617a, “immediately stop his or her vehicle at the scene
of the accident” and remain at the scene up until “he or she has satisfied the
following requirements:
- Give his or her name and address, and the registration number of the vehicle he or she is operating, including the name and address of the owner, to a police officer, the individual struck, or the driver or occupants of the vehicle with which he or she has collided[;]
- Exhibit his or her operator's or chauffeur's license to a police officer, individual struck, or the driver or occupants of the vehicle with which he or she has collided[; and]
- Render to any individual injured in the accident reasonable assistance in securing medical aid or arrange for or provide transportation to any injured individual.
However,
an individual involved in the accident must know or have reason to believe that
he or she was actually involved in an accident. Therefore, if the fender bender
was so minor that it would be unreasonable to know of it then an individual
would technically be found innocent of this crime. However, it should be noted any
outcome, even the one recently stated, would always be based upon the factual
circumstances involved in the particular case at issue and there is never a
guarantee to know that particular outcome.
If
convicted of leaving the scene of an accident, an individual will have a
misdemeanor on his or her record and face a maximum 1-year in jail and/or a
$1,000.00 fine. Moreover, a conviction will be abstracted to the secretary of
state, and thus a suspension of the individual’s driver’s license will occur,
but this is dependent upon whether there is property damage or whether personal
injury occurs. If a suspension levied it will be for a 90-day period.
It is
essential and imperative to contract a criminal defense attorney when involved
in this these situations. Make sure you rights are protected, call Josh Jones
today.
PLEASE DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN
REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR
EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND
DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS,
OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. WE HOPE TO SPEAK WITH
YOU SOON.
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