After a car accident, the immediate stress and confusion can lead some drivers to make rushed decisions—such as leaving the scene without exchanging information. This reaction may arise from a range of concerns, including:
- Financial constraints
- Insurance issues or lack of coverage
- Concerns over suspended registration or a driver’s license
- Fear of DWI-related charges due to alcohol or drug use
- Immigration worries
- Risk of added points on your driving record or rising insurance costs
- Active arrest warrants
- Presence of controlled substances or weapons in the vehicle
However, New York law mandates that all drivers involved in an accident must stay at the scene to exchange information. Leaving the scene, commonly known as a “hit-and-run,” is outlined under New York Vehicle and Traffic Law (VTL) Section 600. Failing to report an incident can lead to serious charges in Nassau County, with penalties ranging from infractions to felony convictions if the accident involved injuries.
Legal Requirements After an Accident in New York
In New York, including Nassau and Suffolk Counties, all drivers involved in an accident must remain at the scene and provide certain information, including:
- Driver’s License: Present a valid driver’s license ID
- Full Name and Address: Share your current address and contact information
- Insurance Details: Provide the insurance company name, policy number, and valid coverage dates
- License Plate Number: Display your vehicle’s license plate
Failure to fulfill these requirements can result in serious consequences, as New York law considers leaving the scene of an accident a criminal offense in many cases.
Types of Hit-and-Run Charges in Long Island Criminal Courts
Leaving the Scene of an Accident Involving Property Damage
Under VTL Section 600(1)(a), if a driver causes property damage and leaves the scene without sharing essential information, they may be charged.
- Classification: Traffic infraction (non-criminal offense)
- Penalties: Up to 15 days in jail, a fine of up to $250, 3 points to driving record, and potential insurance premium increases
- Criminal Record: No, as traffic infractions typically do not result in a criminal record
If you are facing this charge, our Nassau County traffic lawyer can help you achieve a positive outcome.
Leaving the Scene of an Accident Involving Physical Injury
If an accident results in physical injury, failing to stop and share information can lead to more serious charges under VTL Section 600(2)(a). Consequences vary depending on the circumstances:
- First Offense (failure to provide information only): Class B Misdemeanor
- Penalties: Up to 90 days in jail, a fine of up to $500, 5 points to driving record
- Criminal Record: Yes
- Subsequent Offenses or Failure to Stop: Class A Misdemeanor
- Penalties: Up to 1 year in jail, a fine of up to $1,000, 5 points to driving record
- Criminal Record: Yes
- If Serious Physical Injury Occurred: Class E Felony
- Penalties: Up to 4 years in prison, a fine of up to $5,000, 5 points to driving record
- Criminal Record: Yes
- If the Accident Resulted in Death: Class D Felony
- Penalties: Up to 7 years in prison, a fine of up to $5,000, 5 points to driving record
- Criminal Record: Yes
If you’re facing criminal charges as a result of leaving the scene of an accident, our proven and reliable Long Island criminal lawyer will work hard to protect your rights.
Defending Leaving the Scene of an Accident Charges on Long Island
Facing hit-and-run charges can impact your freedom, finances, and future. A tailored defense strategy that considers the details of your case is essential. Possible defenses for Nassau and Suffolk County drivers include:
- Another Person Was Driving Your Vehicle: If another individual was operating your car at the time of the accident, you may not bear legal responsibility for leaving the scene. Establishing this fact can create a strong defense, especially if there’s evidence to confirm your absence from the driver’s seat.
- Mistaken Identity of the Driver: Cases of mistaken identity can arise, particularly in hit-and-run incidents where witnesses or other involved parties may mistakenly identify the driver. Errors in identification could result from poor visibility, stress, or confusion during or after the accident. Proving mistaken identity can lead to charges being dropped if evidence supports that you were not the driver involved.
- Lack of Knowledge of the Accident: If you were unaware that your vehicle was involved in an accident or caused any property damage or injury, you may have a valid defense. New York law requires a degree of awareness to hold a driver responsible for leaving the scene; if you genuinely did not know, this can be an essential point in your defense strategy.
- False Accusation by the Reporting Party: At times, accusers may exaggerate details or falsely report events surrounding the accident, potentially to avoid their own liability or seek compensation. In these cases, a thorough examination of witness statements and evidence is essential to uncover inconsistencies and protect against wrongful accusations.
- Insufficient Evidence from the Prosecution: In order to secure a conviction for leaving the scene, the prosecution must prove beyond a reasonable doubt that you were indeed the driver and that you intentionally left without exchanging required information. If they lack solid evidence, such as clear witness testimony or other credible proof, the charges may not stand, and your case could be dismissed.
A seasoned Nassau County Leaving the Scene of an Accident criminal defense attorney will examine these defenses and others, building a case that protects your rights and minimizes potential penalties.
Take Action – Speak with a Nassau County Hit-and-Run Defense Lawyer Today
Confronting a hit-and-run charge is a serious matter, and having a Long Island criminal defense attorney with proven local expertise is crucial. At The R.M.L. Law Firm, PLLC, Ramy Mikhail Louis leads with a deep knowledge of Nassau County and other Long Island courts and a focused approach to defending “leaving the scene of an accident” cases. Drawing on years of experience as a former Nassau County prosecutor, Attorney Louis applies strategic insight and a commitment to securing positive outcomes for his clients.
If you’re dealing with a leaving-the-scene charge in Nassau County or Suffolk County you don’t have to face it alone. The R.M.L. Law Firm, PLLC provides skilled defense for hit-and-run charges throughout Nassau and Suffolk. Contact us today.
