Leaving the scene of an accident in Virginia can mean more than just a traffic ticket. It can lead to felony charges, steep fines, and years behind bars. Whether the crash caused minor damage or serious injuries, failing to stop and follow the law can escalate a bad situation into a legal nightmare.
Anyone driving in Virginia must understand how Virginia law handles hit-and-run cases. This guide breaks down the legal requirements, penalties, potential defenses, and what to do if you face hit-and-run charges.
Virginia’s Hit-and-Run Laws: What the Law Requires
Virginia law is clear: if you are involved in an accident, you must stop. Under Virginia Code § 46.2-894, drivers in crashes involving injury, death, or property damage must:
- Stop immediately near the accident scene without blocking traffic.
- Provide identification to the other party or law enforcement, including their name, address, driver’s license number, and vehicle registration.
- Assist any injured persons, which may include calling emergency services.
Failing to do any of these can result in criminal charges.
What If You Hit an Unattended Vehicle?
Virginia’s hit-and-run laws do not only apply to collisions with other drivers. Even hitting an empty parked car and failing to report it can lead to legal trouble. If the owner of the vehicle is not present, Virginia Code § 46.2-896 requires drivers to do the following:
- Make a reasonable effort to locate the owner.
- Leave a note with their contact information.
- Report the accident to law enforcement within 24 hours.
Many drivers assume that minor property damage is not a big deal, but leaving the scene after even a minor incident can result in criminal charges.
Penalties for a Hit and Run in Virginia
Hit-and-run penalties depend on the severity of the accident and the amount of damage involved. Virginia law separates offenses into felonies and misdemeanors based on the impact of the crash.
Felony Hit and Run
A hit-and-run is a Class 5 felony if the accident results in:
- Injury or death (Virginia Code § 46.2-894).
- Property damage over $1,000.
A conviction can lead to:
- Up to 10 years in prison.
- Fines up to $2,500.
- Loss of driving privileges.
But the consequences do not stop there. A felony conviction can make it harder to find a job, secure housing, or obtain professional licenses.
Misdemeanor Hit and Run
If the accident only causes property damage under $1,000, the charge may be reduced to a Class 1 misdemeanor, carrying:
- Up to 12 months in jail.
- Fines up to $2,500.
- Possible driver’s license suspension.
For unattended property cases (Virginia Code § 46.2-896), the penalties include:
- A Class 1 misdemeanor if the damage is over $500.
- A Class 4 misdemeanor (fines up to $250) if the damage is under $500.
Although a misdemeanor might seem less severe than a felony, it still results in a criminal record that can affect future opportunities.
What If Alcohol Was Involved?
If a driver left the scene and was under the influence, they could face DUI-related charges in addition to the hit-and-run penalties. This additional charge can add mandatory jail time and further increase the fines.
Defenses Against a Hit-and-Run Charge in Virginia
A hit-and-run charge does not automatically mean a conviction. The prosecutors must prove that you knowingly left the scene without fulfilling your legal obligations. Depending on the circumstances, several defenses may apply:
1. You Did not Know an Accident Happened
If you did not realize you were involved in a collision, you cannot be guilty of fleeing. The prosecutors must prove you knowingly left the scene, something that is not always as simple as it sounds. This defense is common in cases involving low-speed impacts or accidents during poor weather conditions.
2. You Had No Intent to Flee
Not every situation where a driver leaves the scene qualifies as a hit-and-run. You may have a valid defense if you left because of an immediate emergency, such as a medical issue or a threat to personal safety.
3. You Were Misidentified
Police sometimes charge the wrong person based on faulty witness statements or unclear evidence. If someone else was driving your car or law enforcement lacks proof that you were at the scene, an attorney can challenge the case.
4. You Followed the Law
Virginia allows drivers to temporarily leave the scene to seek help or report the accident. If you can show that you made reasonable efforts to comply with the law, the charges may not hold up in court.
Every case is different, and a strong legal strategy can make the difference between a conviction and a dismissal.
What to Do If You are Facing a Hit-and-Run Charge
The steps you take after law enforcement charges you with hit-and-run can affect the outcome of your case. Acting quickly and making informed decisions can help protect your rights.
1. Do not Admit Fault
The police, the other party, or insurance companies can use anything you say against you. They can even use an apology as an admission of guilt. Remain silent and consult a lawyer before making any statements.
2. Contact a Traffic Defense Attorney Immediately
Hit-and-run cases move fast. Prosecutors start building their case once someone reports the incident, so you need to secure legal defense as soon as possible. A skilled traffic defense attorney in Virginia can:
- Analyze the evidence and identify weaknesses in the prosecution’s case.
- Challenge the claim that you knowingly left the scene.
- Negotiate for reduced or dismissed charges.
- Present legal defenses to protect your record and freedom.
3. Gather Evidence
If possible, collect information that may help your defense, including:
Dashcam or surveillance footage from the scene of the accident.- Witness statements from people who saw what happened.
- Vehicle damage reports that may dispute the claims made against you.
This evidence can help establish mistaken identity or lack of knowledge, both strong defenses in a hit-and-run case.
4. Take the Legal Process Seriously
Ignoring a hit-and-run charge will not make it go away. The sooner you act, the better your chances of avoiding harsh penalties. Speak to a traffic defense attorney before talking to the police or insurance companies.
Call the Law Offices of Kermit A. Monge for a Skilled Traffic Defense Attorney in Virginia
A hit-and-run conviction in Virginia carries serious, long-term consequences. Whether a felony or misdemeanor, the impact of a conviction goes beyond the fines and jail time; it can also affect your job, reputation, and future opportunities.
But there’s hope. A strong legal defense can challenge the evidence against you, argue for reduced penalties, or even get the case dismissed.
Every moment counts after a hit-and-run charge. The prosecutors are already building their case. Call the Law Offices of Kermit A. Monge today to request a consultation and start building your defense.