Hit and Run in Virginia
While being involved in a car accident can be scary, leaving the scene of an accident is a serious criminal offense in Virginia. If you are involved in an accident, certain actions must be taken by you, the driver, and also by passengers in some instances. Depending on the circumstances of the accident, a hit and run could result in a misdemeanor or a felony conviction. Factors include whether you were the driver or the passenger, whether the other vehicle was attended or unattended, and whether there was property damage or injury.
Hit and Run as the Driver
Collision with an Attended Vehicle
If you hit an attended vehicle or other attended property, as the driver, you must:
- Immediately stop as close to the scene as possible without obstructing traffic;
- Report your name, address, driver’s license number, and vehicle registration number immediately to the State Police or local law enforcement agency; the person injured, the driver or some other occupant of the vehicle collided with or the custodian of the damaged property; and
- Render reasonable assistance to any person injured in the accident, including taking the injured person to a doctor or hospital if it appears medically necessary or is requested by the injured person.
If the accident resulted in injury, death, or more than $1,000 of property damage, you could face a Class 5 Felony and face up to 10 years imprisonment.
If the accident resulted in less than $1,000 of property damage, you could face a Class 1 Misdemeanor charge and face up to 12 months in jail and a fine of up to $2,500. (Va. Code § 46.2-894)
Collision with an Unattended Vehicle
If you hit an unattended vehicle or other unattended property, as the driver, you must make a reasonable effort to find the owner or custodian of the property.
If the owner is found, you must:
- Report your name, address, driver’s license number, and vehicle registration number.
If the owner cannot be found, you must:
- Leave a note or other information including your driver identification and contact information in a conspicuous place at the scene of the accident; and
- Within 24 hours, you must report the accident in writing to the police by reporting
- Your name, address, driver’s license number, and vehicle registration number; and
- The date, time, and place of the accident and your description of the property damage.
If the accident resulted in more than $250 of property damage, you could face a Class 1 Misdemeanor charge and face up to 12 months in jail and a fine of up to $2,500.
If the accident resulted in less than $250 of property damage, you could face a Class 4 Misdemeanor and face fine of up to $250. (Va. Code § 46.2-896)
Hit and Run as the Passenger
Collision with an Attended Vehicle
If you were a passenger of a car that hit an attended vehicle or other attended property, and you are at least 16 years of age and in the vehicle at the time the driver failed to stop and make the required report, you must:
- Ensure that a report is made to police within 24 hours of the accident; and
- Report the driver’s name and address along with the information that the driver had to report.
If the accident resulted in injury or death, you could face a Class 6 Felony charge and face up to 5 years imprisonment.
If the accident resulted in property damage, you could face a Class 1 Misdemeanor charge and face up to 12 months in jail and a fine of up to $2,500. (Va. Code § 46.2-895)
Collision with an Unattended Vehicle
If you were a passenger of a car that hit an unattended vehicle or other unattended property, and you are at least 16 years of age and in the vehicle at the time the driver failed to stop and make the required report, you must:
- Ensure that a report is made to police within 24 hours of the accident; and
- Report the driver’s name and address along with the information that the driver had to report.
If the accident resulted in more than $250 of property damage, you could face a Class 1 Misdemeanor charge and face up to 12 months in jail and a fine of up to $2,500.
If the accident resulted in less than $250 of property damage, you could face a Class 4 Misdemeanor charge and face a fine of up to $250. (Va. Code § 46.2-897)
Consequences of a Hit and Run Conviction
Depending on whether you were the driver or passenger, whether the other vehicle or property was attended or unattended, and whether there was injury or property damage, you could face misdemeanor or felony charges which could result in jail time and fines. Not only that, but you could face demerit points on your driving record issued by the DMV, pursuant to Va. Code § 46.2-900. Also, hit and run convictions can result in license suspensions by the Court or DMV, pursuant to Va. Code § 46.2-901, Va. Code § 46.2-389, and Va. Code § 46.2-394.
How an Attorney Can Help You
Speaking with one of our criminal defense attorneys allows you to explore your specific circumstances surrounding your charge and discuss possible defenses. Our office handles hit and run cases across Northern Virginia courts including the General District Courts and Circuit Courts in Alexandria, Arlington, Fairfax, Prince William, and Loudoun Counties. Contact us today for a free consultation regarding your hit and run charge.
