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HIT-AND-RUN CHARGES IN GEORGIA

Posted by Ben Sessions | May 30, 2019 | 0 Comments

We frequently assist clients in resolving hit-and-run allegations. Hit-and-run charges are particularly troublesome for defendants because, by simply acknowledging involvement in the accident, you're potentially incriminating yourself.

WHAT IS THE “HIT-AND-RUN” LAW IN GEORGIA?

(a) The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall:

(1) Give his or her name and address and the registration number of the vehicle he or she is driving;

(2) Upon request and if it is available, exhibit his or her operator's license to the person struck or the driver or occupant of or person attending any vehicle collided with;

(3) Render to any person injured in such accident reasonable assistance, including the transporting, or the making of arrangements for the transporting, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such transporting is requested by the injured person; and

(4) Where a person injured in such accident is unconscious, appears deceased, or is otherwise unable to communicate, make every reasonable effort to ensure that emergency medical services and local law enforcement are contacted for the purpose of reporting the accident and making a request for assistance.

The driver shall in every event remain at the scene of the accident until fulfilling the requirements of this subsection. Every such stop shall be made without obstructing traffic more than is necessary.

PUNISHMENT FOR HIT-AND-RUN OFFENSES IN GEORGIA

Georgia hit-and-run law makes certain hit-and-run-related offenses felonies, but generally, a hit-and-run offense is a misdemeanor. If the accident that the driver attempted to leave the scene of caused “serious injury” or death, the hit-and-run may be charged as a felony:

If such accident is the proximate cause of death or a serious injury, any person knowingly failing to stop and comply with the requirements of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.

O.C.G.A. § 40-6-270.

ENHANCED PUNISHMENT FOR MULTIPLE HIT-AND-RUN CONVICTIONS IN GEORGIA

If such accident is the proximate cause of an injury other than a serious injury or if such accident resulted in damage to a vehicle which is driven or attended by any person, any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a misdemeanor and:

(A) Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both;

(B) Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both; and for purposes of this subparagraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and

(C) Upon the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both; and for purposes of this subparagraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions.

EXCEPTIONAL TRACK RECORD OF DEFENDING ATLANTA HIT-AND-RUN CASES

The Sessions Law Firm has an exceptional record of successfully defending Atlanta hit-and-run offenses. In the overwhelming majority of cases, we are able to conclude the cases (1) without our client being arrested on a warrant for the hit-and-run offense and (2) without a conviction for hit-and-run.

We look forward to speaking with you regarding your Atlanta hit-and-run case.

This post is provided by:

Hong & Sessions Law Firm
13296 Summit Ridge Pkwy #220
Duluth, GA
30096

Phone: 678-691-3305

About the Author

Ben Sessions

Ben Sessions is an owner of Hong & Sessions Law, LLC.  His practice is dedicated to helping clients that have been injured in car accidents and to the defense of clients charged with driving under the influence and related offenses. Ben received his law degree from the University of Georgia...

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