Can I be arrested for a hit and run if the other driver was at fault?

Question

Today I was arrested for a hit and run. I pulled over as soon as I was hit and the other driver kept going. I got out of my car and looked at the damage. I pulled into a parking lot and drove up the street to see if the other driver had stopped. I did leave the area shortly after. I stared to drive to my mother's work, but on the way I called the police and reported a hit and run. They told me to go back to the site of the accident, made a u-turn and did. I called again and they sent a car. After I explain, they arrested me. I was ticketed for unsafe driving and for driving with suspended license. It was suspended for unpaid tickets .

Jules N. Fiani · Answer

Yes.

Jacob P. Sartz · Answer

I'd recommend you retain a lawyer to assist you with this matter. If you are ultimately charged, you may have the option of requesting a court-appointed attorney at the public's expense. Your are presumed innocent until proven guilty. The prosecutor must prove any allegations of criminal conduct beyond a reasonable doubt.   Speaking generally, simply because a person is charged does not mean that they will be convicted. Speaking generally, "fault" for an accident is less of an issue with traffic offenses such as fleeing and eluding and leaving the scene. The question is whether the charged individual's conduct complied with the applicable laws under the circumstances. It depends on the circumstances. "Fault" is more of a factual question and issue and it's a matter of interpretation. Clearly, views of fault may also reflect a person's mental perception of the situation at the time; as such, it's relevant to the "mens rea" or mental component of a criminal charge.   I'd recommend you retain a lawyer to assist you with your current charges.

Michael J. Breczinski · Answer

You should see an attorney. They ticketed you not for leaving the scene but for unsafe driving. You tried to find the other party and should not be found liable for leaving the scene. You should get the other tickets paid up and maybe you can get the Suspended license ticket reduced.

Jared Altman · Answer

You can bear the unsafe driving charge. You'll have to clean up your license to get a reduced charge on the unlicensed operation.

Edward Blum · Answer

Yes.  Hit and run is not about liability.  It is about your failure to stop after an accident as required by law.  You could be 0% at fault and still wind up paying for the other guys damage through the restitution or civil compromise process.

Leonard Harden · Answer

Yes, conduct after accident is charge. NH law requires if in an accident that you remain or go to nearest police to report.  The fault does not matter.

Mark R. Thiessen · Answer

Failure to Stop and Give Information is one of those he said she said crimes.  You need to hire a good attorney to tell your story more believably than the other guys.

Kenneth Wincorn · Answer

If there was a valid warrant you were properly arrested.

Eric Sterkenburg · Answer

From the fact you gave you were not arrested for leaving the scene of an accident, (hit and run). You were arrested for the bench warrant for driving with suspended license and the unpaid tickets. It is a violation to leave the scene of an accident without exchanging information with people involved in the accident regardless of who is at fault.

Gary Moore · Answer

You have a valid defense to the charge, based upon your recitation of the facts of your case. You do need the services of an attorney for your case.

Thomas Tomko · Answer

Based on what you describe - yes you can be arrested.  The police apparently believe you are at fault, and regardless of the circumstance, you were driving without a valid license.  The invalid/suspended license itself is grounds to arrest.  I hope that this was helpful.

Craig Elhart · Answer

It sounds like you were arrested for matters other than leaving the scene of an accident.  You should consult with an attorney to determine your best course of action.

Jeff Yeh · Answer

Yes you can, and you did. You need a lawyer to sort this out in court, or else your side of the story may never be presented.

Philip Hache · Answer

They may have you on charges for hit & run, but if the other car took off and was the one at fault, then you should fight it.  How bad was the accident?  What was the property damage?  Did the other driver come back to the scene at some point?  Also, driving on a suspended license is an issue to.  You should contact an attorney to speak about your case in more detail.

Steven Fairlie · Answer

Yes, they can ticket you for driving under suspension any time they encounter you driving if you are suspended.  You may have defenses and should consult a qualified lawyer.

Daniel Kieth Martin · Answer

Contact a criminal defense attorney as soon as possible. If you do not get a lawyer you may be convicted of a crime that you did not commit.

Dennis Roberts · Answer

You cannot be arrested on the facts as you describe them.

James Schoenberger · Answer

Yes, perhaps the police thought you were at fault.

Jaime Cowan · Answer

You can be given a ticket for having no license even when you are the victim of a car accident.

Robert English · Answer

Based on your facts, you were not arrested for hit and run, but rather for driving on a suspended license.

Nicholas Belisle Lazzarini · Answer

If you returned to the scene, you should not be ticketed or arrested for hit and run.  You can also challenge the ticket for unsafe driving if the officer's report does not match the events that took place.  However, sometimes it is more advantageous to simply accept traffic school for the ticket rather than challenge and risk losing at a hearing.

Paula Drake · Answer

The issue for a hit and run is not that of fault in the accident. It is whether you followed the law in providing the information required to the other driver. It sounds like you were cited for things other than a hit and run. If they decide to add a hit and run charge when the case is filed, you should tell your lawyer the facts and maybe they can get that charge dismissed based on the fact that the other driver took off and you did call the police.

Timothy Klisz · Answer

It sounds like you need an attorney as soon as possible to help you with this.

Jared Austin · Answer

Any driver who is in an accident, regardless of who caused it is required to stop and report the matter and not to drive their vehicle away from the scene. Have an attorney review the case file before agreeing to anything.

Eric Rothstein · Answer

Who is at fault is irrelevant to leaving the scene. It sounds like a weak case against you on that charge. Same for the unsafe driving. I would get a lawyer asap to secure the 911 tapes before they are erased as its critical to your defense.  You have exposure on the suspended license charge.

Stephen Freeborn · Answer

From your "facts" it appears that there are multiple reasons  for you to have been arrested.  If the facts are as you allege, then it may not be a strong case for hit & run.

Kevin O'Grady · Answer

You need to hire an attorney since you have a variety of offenses.  The hit and run will be tackled one way and the driving on a suspended license and unpaid parking tickets another.  You will want to make sure that your attorney takes a global approach and ties up all the loose ends.

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Can I be arrested for a hit and run if the other driver was at fault?

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