Hit and Run
What is a Hit and Run charge in Virginia?
Hit and Run involving an attended vehicle:
Hit and Run of an attended vehicle in Virginia is covered by Virginia Code § 46.2-894. This section says that the driver of any vehicle involved in an accident where someone is killed or injured, or where an attended vehicle or other attended property is damaged must stop near the scene of the accident, without blocking traffic, and report their name, address, driver’s license number, and vehicle registration number to either the police, the person struck and injured if the person is capable of understanding the information, or to another driver or passenger the vehicle collided with.
Hit and Run involving an unattended vehicle:
Hit and Run of an unattended vehicle in Virginia is covered by Virginia Code § 46.2-896. This section says that the driver of any vehicle involved in an accident where an unattended vehicle or property is damaged must make a reasonable effort to find the owner of the vehicle or property and report the same information required in § 46.2-894 if such driver is found. If the owner cannot be found, the driver must leave a note or other information including driver identification and contact information and must report the accident in writing within 24 hours to the police.
Is there a duty for a passenger to report the hit and run?
Yes, a passenger of a vehicle involved in a hit and run can have a duty to report the accident in many circumstances. According to Virginia Code § 46.2-895 (hit and run involving attended property, injury or death) and § 46.2-897 (hit and run involved unoccupied property), a passenger who is 16 or older and knows the driver failed to report an accident must report the accident within 24 hours, otherwise the passenger can be charged with hit and run.
What are the penalties for a hit and run charge in Virginia?
Penalties for Drivers:
When is it a felony?
Failure of a driver to report an accident involving an attended vehicle is a Class 5 Felony if the accident results in injury or death to any person, or if the accident results in more than $1,000 in damage. If you are charged with a felony hit and run because of an alleged injury, it is the Commonwealth’s burden to prove that there was in fact an injury caused by the accident, and that you knew or should have known that there was an injury. A Class 5 Felony holds a punishment of jail up to 10 years and a fine up to $2,500.
When is it a misdemeanor?
If the resulting damage is $1000 or less and no injury or death occurs, failure of a driver to report an accident involving an attended vehicle is a Class 1 Misdemeanor, which holds a punishment of jail up to 1 year and a fine up to $2,500. If the damage is less than $1,000, but more than $500, the driver’s license can be suspended for up to 6 months.
Failure of a driver to report an accident involving an unattended vehicle resulting in damage of $250 or more is a Class 1 Misdemeanor, which holds a punishment of jail up to 12 months and a fine up to $2,500. If the damage is less than $250, failure to report the accident is a Class 4 Misdemeanor, which holds a fine up to $250.
If the damage resulting from an accident involving an unattended vehicle is greater than $500, the driver’s license can be suspended for up to 6 months, in addition to being charged with a Class 1 Misdemeanor.
Penalties for Passengers:
When is it a felony?
Failure to report an accident resulting in injury or death is a Class 6 Felony, which holds a punishment of jail up to 5 years, a fine up to $2,500, and driver’s license suspension up to 6 months.
When is it a misdemeanor?
Failure to report an accident involving an attended vehicle resulting in damage of any value is a Class 1 Misdemeanor, which holds a punishment of jail up to 12 months and a fine up to $2,500. If the damage is greater than $500, the passenger’s driver’s license can be suspended for up to 6 months.
Failure to report an accident involving an unattended vehicle resulting in damage of $250 or more is a Class 1 misdemeanor, which holds up to a punishment of jail up to 12 months and a fine up to $2,500. If the damage is greater than $500, the passenger’s driver’s license can be suspended for up to 6 months. If the damage is less than $250, failure to report the accident is a Class 4 Misdemeanor, which holds a fine up to $250.
Consult with an Experienced Virginia Hit and Run Lawyer
Contact our Client Focused Criminal Defense Team today for a free consultation. Our Virginia criminal defense attorney can help those accused of a hit and run throughout Northern Virginia including Alexandria, Arlington, and Fairfax County, among many other jurisdictions.
