Hit and Run

Taking a photo of a car accident
|

The most important thing to understand is what type of Hit and Run a person has been charged with. There are many different types of Hit and Run and each carry traps that many people are not aware. Essentially, it is important to hire an experienced attorney that knows how to compare the facts to the statutory elements of the charge. At Jetton and Meredith, our criminal defense team has helped thousands of persons charged with the many types of Hit and Run. Please give us a call for a free consultation – 704.333.1114

1.The Statute (North Carolina General Statute § 20-166)

The types of Hit and Run all come from when a driver of any vehicle which he or she is operating is involved in a crash where:

  1. § 20-166(a) – the person driving does not stop at the scene/remain at the scene and either serious bodily injury occurs or death to any person;
    • Serious bodily injury is defined as bodily injury that creates a substantial risk of death, or that causes serious permanent disfigurement, coma, a permanent or protracted condition that causes extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ, or prolonged hospitalization.
    • If a person is convicted of this specific charge, their license will be revoked for one year unless the court makes findings that a longer period of revocation is appropriate under the circumstances of the case.
    • Additionally, no limited driving privilege can be given during the revoked period of this specific charge.
    • If found guilty of this offense, the person will be punished with a Class F Felony. A Class F Felony can carry a prison sentence up to 59 months along with supervised probation and/or fines.
       
  2. § 20-166(a1) - the person driving does not stop at the scene/remain at the scene and the crash resulted in injury;
    • If a person is convicted of this specific charge, their license will be revoked as stated above.
    • If found guilty of this offense, the person will be punished with a Class H Felony. A Class H Felony can carry a prison sentence up to 39 months along with supervised probation and/or fines.
       
  3. § 20-166(b) – (a) or (a1) occurs and the person does not give their name, address, license and license plate number, or other identifying information or give assistance to any person injured due to the crash;
    • If a person is convicted of this specific charge, their license will be revoked as stated above.
    • If found guilty of this offense, the person will be punished as a Class 1 misdemeanor. A class 1 misdemeanor can carry a jail sentence up to 120 days and/or include a fine determined by the judge.
       
  4. § 20-166(c) - the person driving does not stop at the scene/remain at the scene and only damage to the property is the result. Also, this charge would apply if injury or death to any person occurred, but the operator of the vehicle did not know and did not have reason to know of the death or injury;
     
  5. § 20-166(c1) – subsection (c) applies and the person does not give their name, address, license and license plate number, or other identifying information;
    • For example, this charge applies where a person hits a parked and unattended vehicle and the owner’s whereabouts are unknown. In this situation, the person is required to leave their identifying information on a piece of paper upon or in the damaged vehicle
    • Another example includes damaged property like a guardrail, utility pole, or other fixed objects owned by the Department of Transportation, a public utility, or other public service corporation to which report cannot be made at the scene. At that point, the person is required to submit their information to the N.C. Division of Motor Vehicles within 5 days.
    • A violation of this section would result in a Class 1 Misdemeanor

2. Key Takeaways

  1. What does “willfully” mean?
    • Under North Carolina law, the State must prove beyond a reasonable doubt that a person willfully violated the elements of the statutory charge. In order to meet the definition of willfulness, the State must prove that a person did the wrongful act without legal excuse or justification, or the commission of an act purposely and deliberately.
  2. What does “involved in a crash” mean?
    • It may include situations in which the driver’s vehicle does not actually collide with another vehicle, such as when (1) a passenger is injured in a one-car accident or (2) improper passing causes an oncoming vehicle to leave the highway and crash into a tree. “Crash” means accident or collision and any event that results in injury or property damage attributable directly to the motion of a motor vehicle or its load.
Categories: