Hit and Run Criminal Charges in Georgia: Penalties and Defenses
Hit and Run Criminal Charges in Georgia: Penalties and Defenses
Leaving the scene of an accident in Georgia is a serious criminal offense that can result in jail time, heavy fines, and a permanent criminal record. Whether the accident involved property damage, personal injury, or a fatality, Georgia law imposes strict requirements on all drivers involved in a collision. Understanding these laws is critical to protecting your rights and your future.
At J. Lee & Associates Law Group, our criminal defense attorneys in Atlanta have extensive experience defending clients against hit-and-run charges across the metro Atlanta area and throughout Georgia. This guide explains the law, the penalties, and your defense options.
Georgia's Hit-and-Run Laws: O.C.G.A. § 40-6-270
Georgia's primary hit-and-run statute is found at O.C.G.A. § 40-6-270. This law requires any driver involved in a motor vehicle accident to immediately stop at the scene or as close to the scene as safely possible. Once stopped, the driver must:
- Provide their name, address, and vehicle registration number to the other driver or to law enforcement
- Show their driver's license if requested by the other party or a police officer
- Render reasonable assistance to anyone injured in the accident, including calling for emergency medical services or transporting the injured person to a hospital if necessary
These obligations apply regardless of who was at fault for the accident. Even if you believe the other driver caused the collision, you are still legally required to stop, provide information, and render aid.
Penalties for Hit and Run in Georgia
Hit and Run Involving Property Damage Only
If the accident involved only property damage and no injuries or death, leaving the scene is a misdemeanor under Georgia law. Penalties include:
- Jail time: Up to 12 months in the county jail
- Fine: $300 to $1,000
- Driver's license points: Points added to your driving record
- Possible license suspension
Hit and Run Involving Serious Injury or Death
If someone was seriously injured or killed in the accident, leaving the scene becomes a felony under O.C.G.A. § 40-6-270(c). Felony hit and run carries dramatically more severe penalties:
- Prison time: 1 to 5 years in state prison
- Fine: $1,000 to $5,000
- Felony criminal record that can affect employment, housing, and professional licensing
- Driver's license revocation for up to 3 years
- Restitution to the victim for medical expenses and other damages
Additional Consequences
Beyond the criminal penalties, a hit-and-run conviction can trigger civil lawsuits from the injured parties. The fact that you left the scene can be used as evidence of consciousness of guilt in both the criminal and civil proceedings. Insurance companies may also deny coverage for claims arising from an accident where you fled the scene.
Common Defenses Against Hit-and-Run Charges
Being charged with hit and run does not mean you will be convicted. There are several effective legal defenses that an experienced Georgia criminal defense attorney can use:
Lack of Knowledge
One of the most common defenses is that you were genuinely unaware that an accident occurred. This defense is particularly relevant in cases involving minor contact with another vehicle, hitting a parked car at night, or grazing another vehicle in a crowded parking lot. If you did not know that an accident happened, you cannot be guilty of intentionally leaving the scene.
Necessity or Emergency
If you left the scene because of an emergency, such as needing immediate medical attention for yourself or a passenger, or because staying at the scene posed a genuine safety threat, this can serve as a defense. Georgia courts recognize that there are circumstances where leaving the scene may be justified.
Involuntary Intoxication or Medical Emergency
If you were experiencing a medical emergency such as a seizure, diabetic episode, or cardiac event at the time of the accident, this may explain why you left the scene and provide a viable defense.
Misidentification
In some cases, witnesses may incorrectly identify a vehicle or driver. If the prosecution cannot prove beyond a reasonable doubt that you were the driver who left the scene, the charges must be dismissed.
You Returned to the Scene
If you initially left the scene but returned shortly afterward, this can mitigate the charges. While it does not automatically excuse leaving, it demonstrates that you did not intend to permanently flee and that you attempted to fulfill your legal obligations.
What to Do If You Are Charged with Hit and Run
If you are facing hit-and-run charges in Georgia, follow these critical steps:
- Exercise your right to remain silent. Do not make statements to the police beyond providing your identification
- Contact a criminal defense attorney immediately. Time is critical in building your defense
- Do not discuss the incident on social media or with anyone other than your lawyer
- Preserve any evidence that may support your defense, including dashcam footage, GPS records, or phone records showing your location
- Attend all court dates and comply with all bond conditions
How a Hit-and-Run Conviction Affects Immigration
For non-citizens, a hit-and-run conviction can have serious immigration consequences. A felony hit and run involving serious injury or death may be classified as a crime involving moral turpitude or an aggravated felony under federal immigration law, potentially leading to deportation or inadmissibility. At J. Lee & Associates, our criminal defense attorneys coordinate with our immigration department to ensure your defense strategy considers all potential immigration consequences.
Fight Your Hit-and-Run Charges with Experienced Legal Representation
A hit-and-run charge in Georgia can permanently alter your life. But with aggressive legal representation, charges can be reduced, dismissed, or successfully challenged at trial. The key is acting quickly and hiring a criminal defense attorney who understands Georgia traffic and criminal law.
J. Lee & Associates Law Group defends clients facing hit-and-run charges throughout metro Atlanta and the state of Georgia. Our experienced defense attorneys will analyze every piece of evidence, challenge the prosecution's case, and fight to protect your freedom, your record, and your future.
Related Practice Areas: Personal Injury | Immigration | Criminal Defense | Family Law
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At J. Lee & Associates Law Group, we offer free consultations to evaluate your case. Our bilingual team is ready to help you understand your legal options and fight for the compensation you deserve.
- Phone: (770) 609-9396
- Address: 1250 Tech Dr, Suite 240, Norcross, GA 30093
- Website: https://www.jlalawgroup.com
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