Understanding Hit and Run Charges (DUI)
Leaving the scene of an accident to avoid a DUI in Nevada is a serious crime with devastating consequences. This act, often driven by panic and fear, transforms a potentially manageable situation into a complex legal nightmare, resulting in severe penalties far exceeding those of a simple DUI charge.
Understanding the details of Nevada law regarding hit and run and the potential for additional criminal charges is crucial for anyone involved in a car accident.
Most people don’t know what to do at the accident scene, with his or her vehicle, and a crash involving death. Moreover, hit-and-run drivers also panic when the police arrive or when the injured person is hospitalized due to the automobile accident.
Your actions at the crime scene of an accident could determine whether you deserve jail time or not. However, those who want to avoid DUI conviction or being stuck with police arrest under felony charges should learn how to handle such situations. We know that’s a tough time, but we’ll explain everything relevant to it in this article for you.
Nevada’s Statute on Leaving the Scene of an Accident
Nevada Revised Statutes (NRS) 484E.010 is the cornerstone of Nevada’s hit-and-run laws. It doesn’t just require stopping; it mandates a series of actions following an accident resulting in death or personal injury. These actions are crucial and failure to perform any of them can lead to criminal charges. Let’s break down the key obligations:
- Immediate Stop: This isn’t just pulling over to the side of the road; it means stopping immediately after realizing an accident has occurred and someone is injured or dead. Even a brief delay can be used against you in court.
- Rendering Aid: This means providing reasonable assistance to any injured person(s). This could range from calling emergency services to providing basic first aid (if you’re qualified) to ensuring the safety of those involved. The level of aid required depends on the circumstances, but failure to act reasonably can be used as evidence against you.
- Exchanging Information: This is arguably the most crucial aspect. You are legally required to exchange identifying information with all parties involved in the accident. This includes:
- Names and addresses: Of all drivers and passengers involved.
- Driver’s license numbers: Ensuring proper identification of all drivers.
- Vehicle registration number: Verifying ownership and insurance coverage of all vehicles.
- Insurance information: Providing details of your insurance policy.
- Names and addresses: Of all drivers and passengers involved.
- Driver’s license numbers: Ensuring proper identification of all drivers.
- Vehicle registration number: Verifying ownership and insurance coverage of all vehicles.
- Insurance information: Providing details of your insurance policy.
Severity Of the Serious Crime in Hit and Run Charges
The severity of the hit and run charges depends on the circumstances of the accident and could include:
1. Property Damage Only
If the accident involves only property damage, the charge is typically a class C misdemeanor, resulting in misdemeanor charges, fines, and potential suspension of driving privileges.
2. Personal Injury
If the accident results in personal injury, the charges become significantly more severe. Leaving the scene of an accident resulting in serious bodily injury is a class B felony, carrying a potential prison sentence of two to ten years and substantial fines.
3. Crash Involving Death
Leaving the scene of a crash involving death is a class A felony, the most serious category, potentially leading to a prison sentence of up to twenty years. This also opens the driver to civil lawsuits from the victim’s family.
Leaving the scene to avoid a DUI charge adds another layer of complexity. The prosecution will almost certainly pursue separate charges for DUI, reckless driving, or even vehicular homicide, depending on the severity of the injuries and the driver’s level of intoxication.
Consequences of a Hit and Run Charge
A hit and run charge can result in serious penalties, including fines, imprisonment, and the loss of driving privileges. On the other hand, Drivers convicted of a hit and run charge can face up to six months in jail and a fine of up to $1,000. However, it may vary based on the complexity of the task at hand.
Similarly, in cases involving serious bodily injury or death, the penalties can be much harsher, including longer sentences and higher fines. Remember, A hit and run charge can also result in the loss of driving privileges, which can have a significant impact on a person’s daily life.
Defending Against Hit and Run Charges
Facing these combined charges requires immediate legal assistance. A skilled criminal defense attorney plays a crucial role in mitigating the consequences:
1. Thorough Investigation
They will conduct a thorough investigation, gathering evidence that could support your defense. This includes obtaining police reports, witness statements, medical records (if applicable), and potentially conducting accident reconstruction analysis.
2. Challenging Evidence
They will scrutinize the prosecution’s evidence, looking for inconsistencies or weaknesses. This could involve challenging the accuracy of BAC tests, the reliability of witness testimonies, or the procedures followed by law enforcement.
3. Negotiating Plea Bargains
In some cases, a plea bargain might be a viable option to reduce the severity of the charges and penalties. This is a complex decision requiring careful consideration of the potential consequences.
4. Trial Preparation
If a plea bargain isn’t possible, the attorney will prepare a robust defense for trial, presenting evidence and arguments to the court.
The Importance of Cooperating with Law Enforcement
If involved in an accident, cooperating with law enforcement is crucial. While remaining calm and composed, provide accurate information. Avoid making statements that could be misinterpreted or used against you. Most importantly, contact a qualified criminal defense attorney immediately.
An attorney can guide you through the legal process, protect your rights, and help mitigate the potential consequences.
Long-Term Consequences of a Hit and Run Charge
The long-term consequences are equally significant and people involved in bodily injury cases could even have a long-term impact on their lives, even if they don’t end up in state prison. Under the Nevada law, the felony charges aren’t the only concern with the other party. In the long run, the charged party involved in an accident could face:
- Criminal Record: A felony conviction results in a permanent criminal record, impacting future employment, housing, and other opportunities.
- Increased Insurance Premiums: Insurance rates will likely remain high for many years, even after completing any sentences.
- Difficulty Obtaining Professional Licenses: Certain professions require clean driving records, making it difficult to obtain or maintain licenses after a conviction.
- Civil Lawsuits: Victims may file civil lawsuits seeking compensation for medical expenses, lost wages, pain, and suffering. These lawsuits can result in substantial financial judgments.
How an Attorney at Bourassa Law Group Can Help
If involved in an accident, cooperating with law enforcement is crucial. While remaining calm and composed, provide accurate information. Avoid making statements that could be misinterpreted or used against you.
Most importantly, contact a qualified criminal defense attorney immediately. An attorney can guide you through the legal process, protect your rights, and help mitigate the potential consequences. All of this can feel a bit overwhelming, therefore, we recommend connecting with professionals who know what to do.
The right professionals can help you get out of this situation without facing maximum term and save you from situations where you face additional charges. Vast majority of cases end up in potential penalties and medical treatment costs because they don’t have the right assistance.
Want to avoid severe charges in an accident case? Let our professionals at Bourassa Law Group take control. We have several professionals ready to handle your cases and save you from legal consequences.
Our experts are well versed in motor vehicle accidents, insurance company claims, category B Felony Charges, DUI hit, Third degree felony, and obstructing traffic. We provide free consultations so don’t shy away from seeking our help.
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