Top Rated Chesterfield VA Hit and Run Lawyer • 1500+ Reviews
A Chesterfield County hit and run accident occurs when an individual involved in a crash leaves the scene without performing certain functions. This violation is also called leaving the scene of an accident. A hit and run offense is a criminal offense and can either be a felony or a misdemeanor depending on whether there was an injury or amount of property damage. Penalties can include incarceration, a fine & loss of driving privileges. If you have been involved in an accident in Chesterfield County that is being investigated by law enforcement as a hit or run or you have already been arrested, then you will need a top rated Chesterfield VA hit and run criminal defense attorney.
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Experienced Chesterfield Leaving The Scene of an Accident Defense Attorney
Riley & Wells Attorneys-At-Law is an established local Chesterfield County VA law firm that specializes in defending hit & run leaving the scene of an accident cases. Our law firm has been successfully representing clients for over 60 combined years. Our firm is recognized as a “Best Law Firm” by U.S. News & World Report. A violation of the hit-and-run law can result in serious consequences. A common misconception is that you must be the at-fault driver to violate this law. NOTE: An arrest for hit and run is NOT a conviction. Do not waive your rights. Our firm has been positively reviewed more than any other law firm that defends hit and run cases in Chesterfield County VA.
Skilled Chesterfield VA Hit and Run Criminal Defense Lawyers
Representation for Chesterfield County Hit and Run Police Investigation
Chesterfield Police and State Police investigate traffic crashes that involve a party who leaves the scene of the accident. These law enforcement investigations almost always start with the Chesterfield Police making contact with the owner of the suspect vehicle. These accident cases sometimes involve witnesses who were involved in the incident, independent witnesses and video evidence. Law enforcement will eventually want to speak with who they identify as a target of their investigation. Speaking with Chesterfield Police about a hit and run incident without first consulting a lawyer or having a lawyer present who regularly represents clients in this area can be a huge mistake. CAUTION: Law enforcement officers are trained professionals.
Chesterfield VA Hit & Run Accidents Involving an Occupied Vehicle
Va. Code 46.2-894
prohibits a driver involved in a Chesterfield County accident to leave the scene of the accident if there is personal injury or damage to attended property. The law requires that you stop immediately as close to the scene as possible without obstructing traffic. The driver is required to report name, address, driver’s license number, and vehicle registration to Chesterfield Police or State Police and to the injured party or to a person of the attended property. This offense is a felony if the accident results in injury or death of any person or property damage exceeding $1000. Otherwise, the violation is a class 1 misdemeanor if the accident results in property damage of $1000 or less.
Assistance Requirements for Chesterfield Hit & Run Personal Injury Cases
Va. Code 46.2-894 has a reasonable assistance provision. The driver of any vehicle involved in a Chesterfield County accident is required to render reasonable assistance to any person injured in such accident, including taking such injured person to a physician, surgeon, or hospital if it is apparent that medical treatment is necessary or is requested by the injured person. If the involved driver is unable to comply due to injuries sustained in the accident, then he shall as soon as reasonably possible make the required report to Chesterfield Police or State Police and make a reasonable effort to locate the person struck or the person of the attended property, and report his name, address, driver’s license number, and vehicle registration number.
Leaving the Scene of a Chesterfield VA Accident Unattended Property
Our top rated Chesterfield County VA Hit and Run Lawyers will successfully present your best defense. Va. Code § 46.2-896 requires the driver of any vehicle involved in a Chesterfield VA accident involving unattended property to make a reasonable effort to find the owner of the property and provide his name, address, driver’s license number, and vehicle registration. If the owner cannot be found then a note is to be left along with a written report to Chesterfield Police or State Police within 24 hours including date, time and place of the accident along with a description of the property damage. If injured, the driver shall make the report as soon as reasonably possible. A conviction is punishable as a misdemeanor.
The Hit and Run Law Also Applies to Passengers of Involved Vehicles
The hit and run law does not only apply to the driver. Va. Code §§ 46.2-895 & 897 requires certain persons accompanying the driver involved in a Chesterfield County accident to make a report in cases involving attended property and unattended property. Persons age sixteen or older who were in the vehicle at the time and had knowledge of the accident are also required to ensure a report is made to the Chesterfield Police or State Police within 24 hours. Such report shall include name, address, driver’s license number, and vehicle registration. A violation is a felony if there is injury. Property damage only cases are either a class 1 misdemeanor or a class 4 misdemeanor depending on damage amount.
Defenses to Chesterfield VA Hit & Run Criminal Offenses
There may be defenses to your Chesterfield County VA hit & run leaving the scene case. The prosecution has to prove the elements of the offense beyond a reasonable doubt. A top rated Chesterfield County VA hit and run attorney may be able to raise reasonable doubt that the prosecutor cannot meet their burden of proof. Lack of knowledge is also a defense. The Chesterfield Commonwealth Attorney also has to prove that you knew of the accident and that you had actual knowledge that someone was injured or property was damaged. Finally, you may have tried to stop, but the other driver was the one who actually left the scene, but later reported the collision as a hit and run.
Leaving the Scene of an Accident Hit & Run DISMISSED Court of Appeals
Our law firm defended a client who was accused of violating the felony hit & run leaving the scene of an accident law. During the trial, the prosecution did not present sufficient evidence of personal injury and the evidence of property damage did not prove damage over $1000. The trial Judge found our client guilty but we believed the trial Court misapplied the law and made and error when he found our client guilty. We appealed the case to the Court of Appeals. We convinced the appeals court to reverse the trial court’s ruling. Our client was acquitted and the case was dismissed. See case file for full opinion.
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3/27/2024