DWI lawyer James Minick

DWI lawyer James Minick

Hit and Run offenses in North Carolina are very serious matters. Not only do they prevent law enforcement from doing their jobs, but they also can cause severe injuries and damage to property. The following crimes list the elements required for conviction of a hit and run as a driver and the punishments ordered upon conviction. In order to obtain conviction, the State must prove each element beyond a reasonable doubt.

Hit and Run: Failure to Notify Authorities

Elements

A person is guilty if they:

  1. Drive
  2. A vehicle
  3. Involved in a crash involving a motor vehicle that results in:
    (a) Death of a person
    (b) Injury to a person
    (c) Total property damage of $1,000 or more, or
    (d) Property damage in any amount to a vehicle seize pursuant to N.C. Gen. Stat. § 20-28.3 and
  4. Fails to immediately notify a law enforcement officer
  5. By the quickest means of communication

If the accident occurred within a municipality, the driver must notify the police department under N.C. Gen. Stat. § 20-166.1(a). If it did not happen in a municipality, then the driver must notify the State Highway Patrol, the local sheriff, or county police under N.C. Gen. Stat. § 20-166.1(a).

Punishment

If a person is guilty of hit and run: failure to notify authorities, then they are guilty of a Class 2 misdemeanor under N.C. Gen. Stat § 20-166.1(k) and N.C. Gen. Stat. § 20-176.

Hit and Run: Driver’s Failure to Stop or Remain at the Scene with a Vehicle When Personal Injury or Death Occurs

Elements

A person is guilty if they:

  1. Drive
  2. A vehicle
  3. Involved in an accident or collision
  4. Causing injury or death to any person, and
  5. The person knows or reasonably should know that the vehicle is involved in an accident or collision that has caused injury or death to any person, and
  6. (a) The person willfully fails to immediately stop at the scene of the accident or collision; or
    (b) Willfully fails to remain with the vehicle at the scene until a law enforcement officer completes the investigation of the accident or collision or authorizes the person to leave and the vehicle to removed; or
    (c) Willfully facilitates, allows, or agrees to the removal of the vehicle before the completion of the investigation of the accident by a law enforcement officer or before receiving consent by the officer.

Punishment

If a individual is guilty of hit and run: failure to stop or remain at the scene when personal injury or death occurs, then the individual is guilty of a Class H felony under N.C. Gen. Stat. § 20-166(a).

Hit and Run: Driver’s Failure to Give Information or Assistance When Injury or Death Occurs

Elements

A person is guilty if they:

  1. Drive
  2. A vehicle
  3. Involved in an accident or collision
  4. Causing injury or death to any person, and
  5. The person knows or reasonably should know that the vehicle is involved in an accident or collision that has caused injury or death to any person, and
  6.  (a) The person fails to give his or her name, address, and driver’s license and license plate numbers to any person struck or to the driver or occupants of any vehicle collided with, or
    (b) The person fails to render reasonable assistance to any person injured in the accident or collision.

An individual is only responsible for providing information if the person receiving the information is physically and mentally capable of doing so under N.C. Gen. Stat. § 20-166(b). The driver must give medical assistance as well as calling for medical treatment if medical treatment is required under N.C. Gen. Stat. § 20-166(b). A driver is allowed to leave if remaining on the scene would put the driver or others at risk of injury.

Punishment

If a person is guilty of hit and run: failure to give information or assistance when injury or death occurs, then the individual is guilty of a Class 1 misdemeanor under N.C. Gen. Stat. § 20-166(b).

Hit and Run: Driver’s Failure to Stop or Give Information When Injury or Death is Not Apparent or Only Property Damage Occurs

Elements

A person is guilty if they:

  1. Drive
  2. A vehicle
  3. Involved in an accident or collision causing
  4.  (a) Only property damage; or
    (b) Personal injury or death that is not apparent; and
  5. Knew or reasonably should know that the vehicle was involved in an accident or collision and
  6. (a) Willfully fails to immediately stop at the scene of the accident or
    (b) Willfully fails to remain with the vehicle at the scene of a reportable accident until a law enforcement officer completes the investigation or authorizes the driver to leave and the vehicle to be removed or
    (c) Willfully facilitates, allows, or agrees to the removal of the vehicle before completion of the investigation by a law enforcement officer or before receiving consent from the officer; or
    (d) Fails to give his or her name, address, and driver’s license and license plate number to the driver or occupant of any other vehicle involved in the accident or to any person whose property is damaged in the accident or collision.

A driver is allowed to leave if remaining on the scene would put the driver or others at risk of injury. A reportable accident is one that results in the death or injury of a human being, property damage of $1,000 or more, or property damage to a vehicle as a result of impaired driving.

Punishment

If an individual is guilty of hit and run: failure to stop or give information when injury or death is not apparent or only property damage occurs, then the individual is guilty of a Class 1 misdemeanor under N.C. Gen. Stat. § 20-166(c) or (c1).

Contact Us

If you have been charged with a crime, it is important to consult with an experienced criminal defense attorney that can help zealously defend your case. Contact Us at Minick Law, P.C. for a free consultation on your case.

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