Hit and Run

Are you facing a serious traffic ticket in Georgia related to hit and run charges? If so, it's important that you understand the applicable laws and exemptions. The state of Georgia has specific statutes on the duty of a driver involved in an accident to stop and return to the scene of that accident – found in the Official Code of Georgia Annotated (OCGA) Section 40-6-270. Additionally, there are circumstances where this obligation may be exempted from under certain conditions as covered by OCGA 40-6-274. It is essential for anyone with a potential legal case involving a hit and run charge to be well informed about all aspects of their situation before moving forward. In this post, we'll discuss these laws in detail so you can make sure your rights are protected. Keep reading for more information!

Defining a Hit and Run Accident and the Duty of Georgia Drivers to Stop at the Scene

A hit and run accident is defined as a collision where one party involved in the accident leaves the scene without providing necessary information or rendering reasonable assistance to anyone who may be injured. In Georgia, it is the duty of all drivers involved in an accident to immediately stop at the scene of the collision and exchange important information with the other driver or drivers involved. This includes giving the driver's name, address, and registration number of the vehicle and display the driver's license upon request. Additionally, there is the duty of every driver involved in an accident in Georgia to render aid to any person injured in the action, including transporting or arranging for them to be transported to the hospital if they are so injured; and if the injured person is unconscious, appears deceased, or otherwise unable to communicate, the driver shall 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. Failing to do any of the above requirements is considered a criminal offense, punishable by law. It is crucial to understand and abide by this duty, not only for legal consequences but also for the safety of all parties involved.

The Consequences of Failing to Return to the Scene of an Accident in Georgia

Failing to return to the scene of an accident or not rendering aid or giving your required information can have serious consequences in Georgia, both legally and ethically. By leaving the scene, you potentially compromise the safety of others and can even face criminal charges if you are found to be at fault for the accident. If you leave, you may find the police knocking on your door with a warrant to arrest you for Hit and Run.

If it turns out the accident caused the death or serious injury of someone, and you knew about the accident and fled the scene, it is a felony in Georgia, with hefty fines attached and mandatory prison time of at least one year and up to five years - along with automatic license suspension for 120 days.

If the accident was the cause of a non-serious injury, or if it resulted in damage to any vehicle, and you knew about the accident and fled the scene, then it is a misdemeanor in Georgia. The punishments depend on how many convictions you have within 5 years, as measured from the dates of arrests, resulting in conviction.

• A first conviction in five years comes with a fine of at least $300 and up to $1,000 and it must be paid, or going to jail for up to 12 months - or both. Additionally, your driver's license will be suspended for 120 days - you cannot plead "no contest" or "nolo contendere" to avoid a license suspension for this charge. You can get a limited driving permit however.
• A second conviction in five years comes with a fine of at least $600 and up to $1,000 and it must be paid, or going to jail for up to 12 months - or both. Your license will be suspended for 3 years, with the option to reinstate after 120 days, and you will not be able to get a limited driving permit.
• A third or subsequent conviction in five years comes with a fine set at $1,000 which must be paid, or jail time of up to 12 months - or both. Your license will be suspended under the Habitual Violator Statute for five years, with option to apply for a probationary license after two years on suspension - if you qualify and have done all the requirements to do so.

Additionally, not reporting the accident can put you at risk for civil liability, as any damages or injuries that occur as a result may be attributed to your failure to take appropriate action. It is crucial to prioritize safety and responsibility in these situations, both for your own well-being and for the well-being of those around you.

Georgia Exemptions from the Duty to Stop and Return

Georgia law allows for exemptions from the duty to stop and return when certain circumstances apply. For example, emergency responders such as police, firefighters, and ambulance drivers are exempt from this obligation when they are responding to an emergency situation. Also, all drivers involved in a traffic accident are exempt from this duty when there is no personal injury as a result of the accident, or in which no second party and no property of a second party is involved. However, a driver in this situation may still be required to file a written report with local law enforcement. These exemptions are carefully crafted to ensure that the safety of the public is held in the highest regard, while still allowing for necessary exemptions in certain situations. Understanding these exemptions is crucial for both drivers and law enforcement officials alike.

Steps Drivers Should Take After an Accident, Even if No Vehicle Damage Has Occurred

No matter how careful of a driver you are, accidents can still happen. It's important to know the steps to take after an accident, even if there doesn't appear to be any damage to your vehicle or the other driver's. First and foremost, check for injuries and call emergency services if necessary. Give your name, address, and registration number of the vehicle you are driving to the other party - and ask for the same information from them as well. Also, show them your driver's license and ask to see theirs, to validate the information given. Even if everyone is okay, it's still important to exchange insurance and contact information with the other driver, as this is the law. Ultimately, it's best to report the accident to your insurance company as well. This may seem like a hassle, but taking these steps can ultimately protect you in the long run.

How to Get Your License Back after a Hit and Run Conviction

Losing your driver's license due to a hit and run conviction can be a challenging and frustrating experience. However, it's not the end of the road. If you've been convicted of a hit and run, getting your license back can be a complicated process that requires a bit of expertise. You'll need to fulfill certain requirements to have your license reinstated, depending on how many convictions you have had in 5 years. For a first conviction in five years, the suspension lasts for 120 days, and then you can pay the reinstatement fee of $210 to Georgia Department of Driver Services (DDS) along with show proof of completion of a DDS-approved defensive driving course to get your license back. For a second conviction in five years, the suspension lasts for 3 years, but you can apply for reinstatement after 120 days - once again by showing proof of completion of a DDS-approved defensive driving course and paying $210 reinstatement fee. For a third or more conviction in five years, you will need to follow the specific requirements under the Habitual Violator statutes - which include a lot of courses and heftier fees. Additionally, before you even go to court on such a charge, it's critical to work with an experienced attorney who can help you navigate the legal system and represent your best interests in court. With the right guidance and perseverance, you can regain your driving privileges and get back on the road.

Defenses to a Hit and Run Charge

Defending against a Hit and Run charge in the state of Georgia can be a challenging task that requires a deep understanding of the laws and regulations surrounding the situation. One defense that can be argued is the lack of knowledge of the accident. In scenarios where the driver did not realize they had hit something or someone, proving such ignorance can help to reduce or dismiss the charges. Another defense strategy is to prove that the driver did stop and give information as well as render aid, as required by law. This could help to show that the driver was not attempting to avoid responsibility and took reasonable steps to assist those involved. It is essential to work with an experienced attorney who understands the nuances of Georgia Hit and Run laws to build a compelling defense strategy.

To Sum It Up

In conclusion, hit and run offenses in Georgia can come with significant consequences ranging from suspension of license to heavy fines and potential jail time. For this reason, it is incredibly important to understand the laws surrounding hit and run accidents and the duty of a driver to stop at the scene and return. Though there are exemptions from this, such as when a driver reasonably believes that no one was injured, they should not be assumed without talking to an attorney. Additionally, even if there was no vehicle damage or injury from an accident, it is still wise for drivers to take certain steps and document what occurred. And lastly, individuals who experience a hit-and-run charge on their record may qualify for reinstatement with the DDS upon certification by an approved defensive program or reinstatement fee payment after their suspension period has run. Doing so will help them work their way towards getting back their driving privileges. With that said, drive safely and remember: it is always better to follow the law than risk punishment due to negligence or ignorance.