OCGA Hit and Run GA Laws Under O.C.G.A. Section 40-6-270

 

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).

Is Hit and Run a Felony in Georgia?

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:

1. Can a hit & run be dismissed?
2. What’s OCGA hit and run?
3. What is the hit and run license suspension, if convicted?
4. Can you go to jail for a hit and run?
5. What is the statute of limitations on hit & run?
6. If the hit and run were with a parked car and no one was in that vehicle, is this a violation of GA Code 40-6-270?
7. What if I left the scene of an accident but came back?
8. Can I get a hit & run on private property?
9. What is the hit and run penalty?

 

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.

Leaving the Scene of an Accident (Hit and Run Laws under 40 6 270) in Georgia

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:

1. Give his or her name, address, and registration number of their vehicle;
2. Upon request, show your driver’s license to the person struck or any occupant of the impacted vehicle;
3. Assist the injured person. This includes transporting or helping arrange transportation to a physician, surgeon, or hospital if it is clear they need medical help or if the injured person requests it; and
4. Make every reasonable effort to contact emergency medical services and local law enforcement to report the accident If the injured person is unconscious, cannot communicate, or appears deceased.

Under the Misdemeanor Hit and Run Georgia Statute, what happens if you Hit a Car and Leave the Scene?

Many factual variables on leaving the scene of an accident GA can occur after this happens, including:

1. The client gets away and goes home, at which point an officer comes to the residence and arrests him or her because someone witnessed the crash and got the license plate number. Law enforcement officers are trained to expect that OCGA 40 6 270is the underlying crime being committed, and to track down the driver to look into possible impairment;
2. The client leaves the scene but does not go home and is not confronted by police until days later;
3. The client’s car is disabled by the car accident, yet the driver escapes on foot before police arrive, and do not locate the person for over 24 hours; or
4. The client checks on the other driver learns that no one is injured, gives his or her phone number, vehicle registration, and insurance information required by a hit and run defenses laws in Georgia, and then takes an Uber and leaves the scene (or drives away).

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:

• Mandatory 12-month license suspension for leaving the scene of an accident.
• An additional hit and run habitual violator (“HV”) offense. Driving while declared a habitual violator is a serious felony offense as if you had a DUI and tried to elude a police officer.
• With 3 or more HV-level offenses within 5 years, the State of Georgia will revoke your license (taken off records) for 5 years.

 

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.

OCGA Hit and Run Penalty Information

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.

Hiring an Expert Criminal Defense Lawyer in Atlanta, GA

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.

Georgia Hit and Run Accident Attorneys: 24 Hour Availability

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.