When you leave the scene of a motor vehicle accident, you may be committing more than a traffic infraction. You may be committing a crime. It’s a crime that can end up costing you.
At Michael A. Arbeit, P.C., our New York and Long Island criminal defense team represents individuals across the Long Island and New York Metropolitan area. We focus on providing responsive and effective legal representation, helping you protect your legal rights and make it through the New York criminal justice system more smoothly.
We understand how frightening it can be to be involved in a motor vehicle collision. Sometimes, the natural “fight or flight” instinct kicks in and overrides good judgment, leading you to flee the scene of an accident even when your brain tells you that you need to stay. Before speaking with law enforcement, speak with an experienced Long Island & New York criminal defense lawyer. Contact the criminal defense team at Michael A. Arbeit, P.C., and arrange a confidential legal consultation now.
New York Leaving the Scene of an Accident Laws
New York law strictly prohibits drivers from leaving the scene of an accident. Any New York driver who knows or should reasonably know that they’ve been involved in a collision must stop, render aid, exchange information, or report the incident.
The terms “hit-and-run” and “leaving the scene of an accident” are often used interchangeably. They are functionally the same. “Hit-and-run” is the legal term, while “leaving the scene of the accident” is the phrase more often used in everyday speech. All motorists must stop when involved in an accident, whether it involves property damage only, is a single-vehicle accident, or causes others to be hurt.
Consequences of Leaving the Scene of an Accident
The potential consequences of leaving the scene of an accident in New York depend on the circumstances of the incident. If an individual causes an accident that results in property damage only, like hitting a utility pole or concrete barrier, and leaves the crash scene without reporting the incident, that person can face a traffic infraction. These violations can result in fines of up to $250, up to 15 days in jail, and three points on your driver’s license.
A more serious matter is leaving the scene of a traffic accident that has caused significant property damage, injuries, or fatalities. Leaving the scene of an accident involving injuries or fatalities is a criminal violation. You must always stay, render aid, exchange information, and contact the authorities. Again, depending on the circumstances of the crash and whether you have additional offenses on your record, you can potentially face misdemeanor or felony charges. Penalties for leaving the scene of an accident can include:
Serious Injuries:
- Fines up to $5,000
- Up to four years in prison
Fatalities:
- Fines up to $5,000
- Up to seven years in prison
Leaving the scene of an accident doesn’t just cost you financially. It can cost you your freedom. Beyond legal penalties, you can expect changes to your insurance rates and premiums. Your personal and professional relationships may also be affected.
Why You Need a Criminal Defense Attorney
There is one huge mistake people make when leaving the scene of an accident. That is not contacting an attorney as soon as they know they are in trouble. Many people think leaving the scene of an accident is no big deal and can only result in a slap on the wrist. New York prosecutors have other consequences in mind, consequences that can change your life and saddle you with a criminal record.
An experienced criminal defense attorney can advocate for you, protecting your legal rights and building a compelling case that offers the best chance at resolving your situation in a favorable manner. We have an extensive track record of helping people in the Long Island and New York Metropolitan areas fight back against leaving the scene of accident charges.
Does law enforcement have questions for you? At this stage, the only person you should be talking to about the incident is a skilled criminal defense attorney. At The Law Firm of Michael A. Arbeit, P.C., we’ve got your back.
Defense Strategies for Leaving the Scene of an Accident
Several defense tactics may be helpful when fighting a leaving the scene of an accident charge. The specific legal strategies involved in a New York leaving the scene of an accident case depend on the situation’s circumstances. An experienced attorney can review your situation and create a personalized defense plan that addresses your case’s unique strengths and weaknesses. Some of the tactics a defense attorney may use in a leaving the scene of an accident case may include:
- Establishing that you did not know you hit an object or were involved in an accident
- Claiming mistaken identity
- Alleging that your rights were violated
- Challenging the validity of the prosecution’s evidence
- Arguing that you left the scene because the accident location was unsafe
Other strategies can also come into play, depending on the case. It is always in your best interest to consult a seasoned New York and Long Island criminal defense attorney who can advise you of your options and will build a compelling case in your favor.
Contact Our Long Island & New York Hit and Run Attorney
At Michael A. Arbeit, P.C., our Long Island & New York criminal defense team is here to help you protect your freedom. We know what’s at stake and will fight for you. If you are facing charges for leaving the scene of a crash, contact our office today and arrange for a confidential legal consultation.
Michael A. Arbeit, P.C. assists clients throughout Long Island, including Nassau County, Suffolk County, Garden City, Freeport, and New York, including Queens, Brooklyn, Manhattan, Staten Island, and The Bronx.