By: Larry Kohn and Cory Yager, Award-Winning Hit and Run GA Attorneys Near Me in Atlanta and Georgia Super Lawyers
It is against the law to leave the scene of an accident. It doesn’t matter if the accident is big or small. Learn everything about hit and run in Georgia from the top-rated Atlanta hit and run lawyers Cory Yager, (an ex-cop) and Larry Kohn, rated by Best Law Firms in America (US News and World Report).
Hit and run GA is a serious crime in the Peach State. While it is a misdemeanor crime, it is one of the “serious” motor vehicle crimes that can be the “predicate” driving offense to support related felony crimes.
Losing control of your vehicle happens for many reasons. However, it is not a valid legal defense for that driver to NO STOP, and then try to render aid or call an ambulance, after a crash has occurred. As in most states, staying at the scene is required, or at least providing your license and insurance information before leaving.
A hit and run accident in Atlanta GA for leaving the scene of an accident with an occupied vehicle can create serious criminal law and civil law consequences. After a Georgia accident, when potential clients call us, their first question addresses “is an OCGA hit and run a felony?” The short answer is sometimes.
Citizens accused as hit and run drivers have searched Google for the OCGA hit and run definition and are petrified to learn about some hit and run sentences that send people to state prison. Then, they are frantic to learn how to get hit and run charges dropped under Georgia law.
The Top 9 other questions about Georgia hit and run law the partners at our law firm are asked are:
All the above questions should be answered below, so read further.
It is only fair to mention one maxim. From our collective experience of nearly eight decades as criminal justice attorneys and representing clients from thousands of accidents on Georgia roadways and parking lots, most of the hit and run accidents also involved charges for drunk driving or drugged driving.
Plus, police race to a hit & run call to try to apprehend that missing driver fully expecting that the driver was driving under the influence, which is a violation of 40-6-391. Quite often, that “guess” about a possible DUI in Georgia turns out to be a second serious charge our client faces, and each of our local GA attorneys are a highest rated DUI lawyer Georgia.
Once our law group is retained by a client who has a hit and run charge, the addition of DUI charges substantially increases the urgency of retaining a leaving the scene of an accident lawyer who is also a civil litigation accident lawyer. Plus, DUI plus hit & run GA punishment (on average) will be greater than if sentenced on only one of these serious motor vehicle crimes.
To paraphrase the Georgia hit and run statute O.C.G.A. 40-6-270:
The driver of any vehicle involved in an accident resulting in personal injury to or the death of any person or damage to an occupied vehicle must stop the vehicle at the scene or as close to the scene of the accident as possible.
To avoid hit and run Atlanta charges, the person should return to the scene of the accident and:
Many factual variables on leaving the scene of an accident GA can occur after this happens, including:
When police find the driver and both DUI and hit and run are accused, if convicted of both a DUI, hit and run, then these are both HV-level offenses. If that person has had any other HV-level offenses, conviction of both leaving the scene of an accident and DUI may result in an HV license revocation for 5 years.
The title of that GA Code section is: Hit and run; duty of driver to stop at or return to the scene of the accident. This is the full wording under the Georgia hit & run laws.
Although most cases start with receiving a citation for leaving the scene of an accident this GA traffic ticket can carry a very harsh hit and run penalty.
For any felony hit and run, jail time can be up to 15 years per serious injury or death.
State law criminalizes the conduct of a driver who hits another occupied vehicle or person and fails to stop to render aid, check for injuries, or call 911.
A Georgia hit and run driver can face misdemeanor or felony punishment depending on the severity of the injury if convicted, and the driver knowingly fails to stop and comply with all the applicable provisions under Section 40-6-270.
In addition, the DUI hit and run penalty under Georgia criminal laws is only part of this hit and run punishment. If convicted, you also face:
Leaving the scene of an auto accident and facing hit and run charges can be a long-term financial disaster. Even a misdemeanor hit and run charge.
Since this will be a criminal offense (if convicted), the injured person may seek punitive damages. These are extra damages, not covered by your car liability insurance, that are designed to punish the other for inflicting pain and suffering.
Police will arrive on the scene for the insurance company and legal reasons. If this hit and run accident cause serious injury or death, any person who knowingly fails to stop and comply with the requirements of the above Code section shall be guilty of a FELONY that is punishable by 1 to 5 years in prison.
If you are involved in this type of accident, our Georgia legal professionals, to receive you no cost, initial FREE case assessment. The CALL is FREE. The INITIAL CONSULTATION is FREE. Payment plans are available.
If you have been arrested for a hit and run in Georgia, you need an attorney who knows the hit and run laws in the state. Hit and run offenses can be charged as a misdemeanor or felony in Georgia depending on the circumstances. However, most people face a misdemeanor charge. If you’ve been charged with a hit and run, the Law Offices of Bubba Head can help.
Why not call upon Georgia’s three Super Lawyers for a FREE lawyer consultation? You will be speaking to hit and run defense lawyer Atlanta Cory Yager (an ex-cop), leaving the scene of an accident lawyer Larry Kohn or 47-year veteran criminal attorney, and hit and run lawyer Atlanta Bubba Head for legal advice before your hit and run GA case explodes. Dial our law office at 404-567-5515, 24 hours a day.