James K. Minick

James K. Minick

Hit and run offenses as a passenger in NC 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 passenger and the punishments ordered upon conviction. In order to obtain conviction, the State must prove each element beyond a reasonable doubt.

Hit and Run: Passenger’s Failure to Remain at the Scene or Unauthorized Removal of a Vehicle When Injury or Death Occurs

Elements

A person is guilty if they:

  1. are a passenger
  2. In a vehicle
  3. Involved in an accident or collision
  4. Causing injury or death to any person and
  5. 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
    1. Willfully leaves the scene by acting as the driver of a vehicle involved in the accident, before a law enforcement officer completes the investigation or authorizes the passenger to leave, or
    2. Willfully facilitates, allows, or agrees to the removal of the vehicle, before a law enforcement officer completes the investigation or before receiving consent by the officer

A passenger is allowed to leave if remaining on the scene would put the passenger or others at risk of injury.

Punishment

If a person is guilty of hit and run: passenger’s failure to remain at the scene or unauthorized removal of a vehicle when injury or death occurs, then they are guilty of a Class H felony under N.C. Gen. Stat. § 20-166.2(a).

Hit and Run: Passenger’s Failure to Remain at the Scene or Unauthorized Removal of a Vehicle When Injury or Death is Not Apparent or Only Property Damage Occurs

Elements

A person is guilty if they:

  1. Are a passenger
  2. In a vehicle
  3. Involved in a reportable accident causing
  4. A
    1. Only property damage or
    2. Personal injury or death that is not apparent and
    3. Knows or reasonably should know that the vehicle is involved in an accident or collision and
      1. Willfully leaves the scene by acting as the driver of a vehicle involved in the accident, before a law enforcement officer completes the investigation or authorizes the passenger to leave, or
      2. Willfully facilitates, allows, or agrees to the removal of the vehicle, before a law enforcement officer completes the investigation or before receiving consent by the officer.

If a person is found guilty of hit and run: passenger’s failure to remain at the scene or unauthorized removal of a vehicle when injury or death is not apparent or only property damage occurs, then the person is guilty of a Class 1 misdemeanor under N.C. Gen. Stat. § 20-166.2(a).

Hit and Run: Passenger’s Failure to Give Information or Assistance

Elements

A person is guilty if they:

  1. Are a passenger
  2. In a vehicle
  3. Involved in a reportable accident causing and
  4. Knows or reasonably should know that the vehicle is involved in an accident or collision and
  5. A
    1. Fails to give his or her name, address, driver’s license number, and the license plate number of the vehicle in which he or she was riding to the person struck or the driver or occupants of an other vehicle collided with or
    2. Fails to provide reasonable assistance to any person injured in the accident or collision

The passenger only has to provide information if possible and if the person receiving the information is mentally and physically capable.

Punishment

If a person is guilty of hit and run: passenger’s failure to give information or assistance, then they are guilty of a Class 1 misdemeanor under N.C. Gen. Stat. § 20-166.2(b).

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