Hit and Run
Criminal Lawyer Buffalo NY
It is every driver’s fear. They get in an accident, and the other driver leaves the scene – often known as a “hit and run.” In New York, this is technically referred to as “leaving the scene of an incident without reporting.”
But perhaps you panicked. You got into an accident, didn’t know what to do, and fled.
If you have been charged with leaving the scene of an accident in New York, we can help. Call us today for a FREE consultation to learn more about your rights and how our skilled traffic defense lawyers can help defend you.
New York law requires drivers to remain at the scene of an incident and share their insurance information with the other driver. Failing to do so can have serious ramifications.
Leaving the Scene Penalties
If you have been charged with a hit and run in New York, you can be hit with a $250 penalty along with a possible Jail Sentence of Fifteen (15) days. Additionally, three (3) points will be added to your Driver’s License record, skyrocketing your insurance fees.
Further, if you happen to have a Commercial Driving License (CDL), you will lose your CDL license for an entire year. If you want to get your CDL back, you will need to reapply a year later and repay the associated CDL fees.
Finally, if the incident resulted in a personal injury to the other driver, the leaving the scene penalties in New York are increased (covered by statute VTL 600-2a). Such a hit and run will result in a fine of up to $500 and a potential Jail Sentence of up to three (3) months.
Defending a Hit and Run Offense
Have you been charged with a hit and run? John M. Dudziak is a criminal lawyer in Buffalo NY and can help you mount a defense to the charges against you. Call us today for a FREE consultation to learn more about your rights and how we can help you mount a defense.
There are various strategies you can employ, ranging from “Mistake of Fact” to an improper custodial interrogation that violates your constitutional Miranda rights. We will help you navigate these complex defense strategies to defend your rights.
New York hit and run case law is undeniably complicated, but there are common themes throughout. Specifically, verbal evidence is extremely important. For example, uttering “He came out of nowhere, hitting him was an accident!” to an officer can be very difficult to suppress, due to a legal exception to the hearsay rule (specifically, the ‘Excited Utterance’ exception). Additionally, New York precedent from People v. Hager, 124 Misc. 2d 123, states that intent to flee the scene is required to successfully convict you of a leaving the scene of an accident charge.
Providing Defense to Those Charged with Leaving the Scene of an Accident
We can help you navigate the complicated legal system and will zealously defend your rights. Call John M. Dudziak, an experienced Criminal Lawyer in Buffalo NY for representation you can trust. One Call Does it All!