Penalties and Defenses for Hit-and-Run Charges

A hit-and-run charge is a serious offense in Georgia, carrying significant legal consequences. Whether a driver leaves the scene of a minor fender bender or a severe accident involving injuries, Georgia law imposes strict penalties for failing to stop and provide information or assistance. If you or a loved one is facing hit-and-run charges, it is crucial to consult The Spizman Firm to understand the legal implications and potential defenses that may apply to your case.

What Constitutes a Hit-and-Run in Georgia?

Under O.C.G.A. § 40-6-270, Georgia law requires any driver involved in an accident to:

1. Stop immediately at or near the scene.
2. Provide their name, address, and vehicle registration to the other party.
3. Show their driver’s license if requested.
4. Render reasonable aid if another person is injured, including calling emergency services.

Failing to follow these steps can result in hit-and-run charges, regardless of whether the driver was at fault for the accident.

Penalties for a Hit-and-Run in Georgia

The penalties for a hit-and-run in Georgia vary depending on the severity of the accident:

• Accidents Involving Property Damage Only
  • Misdemeanor offense
  • Fines up to $1,000
  • Up to 12 months in jail
  • Potential driver’s license suspension
• Accidents Involving Injuries or Death
  • Felony offense
  • 1 to 5 years in prison
  • Heavier fines and long-term license suspension

Georgia courts take hit-and-run cases involving injuries very seriously, and a conviction could lead to long-term consequences, including a criminal record and loss of driving privileges.

Potential Defenses to Hit-and-Run Charges

If you are accused of a hit-and-run, several legal defenses may be available to challenge the charges. Common defenses include:

• Lack of Knowledge – If the driver was unaware that they were involved in an accident, this could serve as a defense. For example, a driver might not have realized they hit another vehicle in heavy traffic or bad weather conditions.
• Emergency Situations – If the driver left the scene due to a medical emergency or an immediate threat to their safety, their actions may be justifiable.
• Mistaken Identity – In some cases, law enforcement may wrongfully accuse a person based on witness statements or incomplete evidence. A strong alibi or lack of physical evidence linking the driver to the accident can help in their defense.
• Involuntary Flight – If a driver left the scene unintentionally due to disorientation from the accident, lack of cellphone service to call for help, or other extenuating circumstances, this could impact the case outcome.

What to Do If You Are Charged with a Hit-and-Run

If you are facing hit-and-run charges in Georgia, do not panic. Avoid speaking to law enforcement without legal representation, as anything you say can be used against you. Instead, consult an experienced Atlanta criminal defense attorney who can review your case and develop the best defense strategy.

At The Spizman Firm, we provide aggressive legal representation for individuals charged with hit-and-run offenses. We serve clients throughout Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact us today for a consultation to discuss your case and protect your rights.