Defending Against a Hit-And-Run Charge

 Posted on January 21, 2019 in Criminal Law

Fleeing the scene of a vehicle accident is a criminal charge that can compound the consequences of your case. Whether you are being charged with a traffic violation or driving under the influence, adding a hit-and-run charge implies that you were trying to evade responsibility for the incident. It can be difficult to contest a hit-and-run charge because the facts are usually unambiguous. An experienced criminal defense lawyer knows strategies to cast reasonable doubt on the charge or minimize its effect on your case.

1. Mistaken Identity: Your best defense against a hit-and-run charge is if the prosecution cannot prove that you were involved in the incident. There must be a reliable witness that identified your vehicle's appearance and license plate number. Even if it was your vehicle at the scene of the incident, you would not be criminally liable if someone else was driving it.
2. Unaware of the Incident: You can claim that you did not knowingly flee the scene of the incident because you were not aware that the incident occurred. The court may find this difficult to believe if you were involved in a collision with a vehicle or pedestrian. You will need to give a reasonable explanation for why you did not notice the incident.
3. Emergency Situation: There may have been an extenuating circumstance that prevented you from stopping, such as transporting someone to the hospital. The court may be more lenient with you if it knows that you were dealing with a medical emergency and under duress.
4. Involuntary Intoxication: Though a rare situation, you may not be responsible for your actions while driving if someone drugged you without your knowledge. However, proving this defense can be difficult because you would need to identify when the drugging took place and explain how your intoxication affected your judgment.
5. Not at Fault: You can argue that you did not commit the other traffic charges brought against you and were not the person responsible for the accident. This does not excuse you from fleeing the scene of the incident, but it will lessen your overall punishment if you are convicted.

Contact a Wheaton Criminal Defense Attorney

A hit-and-run charge is a class A misdemeanor if it involved property damage and a felony if someone was injured or killed in the incident. A felony hit-and-run carries a sentence of as long as five years in prison and a fine of as much as $25,000. A DuPage County criminal defense attorney at Stephen A. Brundage, Attorney at Law, will work to contest your hit-and-run charge or lessen the punishment. To schedule a consultation, call 630-260-9647.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-401