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Hit and Run | Duty of Driver to Stop at or Return to the Scene of an Accident

 

Commentary by Criminal Defense Attorney Atlanta, William C. Head:

Leaving the scene of an accident with an occupied vehicle is a serious driving offense under Georgia hit and run law. For any felony hit and run, jail time can be up to 15 years per serious injury or death resulting from leaving the scene of an accident involving hit and run. That is why our criminal justice attorneys offer FREE lawyer consultation to any hit and run Georgia suspect. DO NOT WAIT FOR POLICE TO COME GET YOU! Call our criminal defense lawyers, 24-7, at 404-567-5515.

The hit and run law in GA criminalizes the conduct of a driver who hits another occupied vehicle or person and fails to stop to render aid, check for injuries, or contact medical emergency personnel. The provisions of the hit and run Georgia statute, OCGA 40-6-270, are set forth below. A Georgia hit and run driver can face felony or misdemeanor punishment if convicted in Georgia of knowingly failing to stop and comply with all the provisions (that are applicable) under Section 40-6-270.

In addition, the DUI hit and run penalty under Georgia criminal laws is only part of the DUI hit and run punishment. Loss of all driving privileges is another penalty for leaving the scene of an accident. Additionally, just like a DUI and attempting to elude a police officer, an additional hit and run penalty is that it counts as an “HV” offense (habitual violator). With 3 or more HV-level offenses within 5 years, you will be REVOKED (meaning your Georgia license will be taken off Georgia records entirely) for 5 years. So, leaving the scene of a Georgia hit and run can be a long-term financial disaster.

Georgia Hit and Run

Hit and Run; Duty of the Driver to Stop at or Return to the Scene of an Accident

(a) The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall:

  1. Give his or her name and address and the registration number of the vehicle he or she is driving;
  2. Upon request and if it is available, exhibit his or her operator’s license to the person struck or the driver or occupant of or person attending any vehicle collided with;
  3. Render to any person injured in such accident reasonable assistance. This includes the transporting, or the making of arrangements for the transporting, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such transporting is requested by the injured person; and
  4. Where a person injured in such accident is unconscious, appears deceased, or is otherwise unable to communicate, 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.

The driver shall in every event remain at the scene of the accident until fulfilling the requirements of this subsection. Every such stop shall be made without obstructing traffic more than is necessary.

(b) If such accident is the proximate cause of death or a serious injury, any person knowingly failing to stop and comply with the requirements of subsection (a) of this Code section shall be guilty of a FELONY and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.

(c)(1) If such accident is the proximate cause of an injury other than a serious injury or if such accident resulted in damage to a vehicle which is driven or attended by any person, any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a MISDEMEANOR and:

  • Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both;
  • Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00. This fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both; and for purposes of this subparagraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and
  • Upon the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00. This fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both; and for purposes of this subparagraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions. (2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. (3) If the payment of the fine required under this subsection will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section.

(d) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section.

Hire an Expert on Georgia Hit and Run Laws – Bubba Head or His Law Partners

Hit and Run Georgia

The CALL is FREE. The INITIAL CONSULTATION is FREE. Payment plans are available. Why not call upon Georgia’s three Super Lawyers, Cory Yager (an ex-cop), Larry Kohn or 41-year veteran criminal attorney Bubba Head, for legal advice, before your hit and run GA case explodes, and negatively impacts your life. Dial our law office at 404-567-5515, 24 hours a day.

Hit and Run Lawyers Georgia

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