QUESTION

What kind of punishment can someone get for fleeing the scene of a car accident?

Asked on Jul 08th, 2012 on Automobile Accidents - New Jersey
More details to this question:
My son ran his car into a street light pole. The traffic light was knocked out. He left the scene. He didn't realize the traffic light was not working. The pole he hit was a street light pole beside the traffic light pole. There was no other automobile or persons involved. His bail was set at $5000.00. This seems excessive. What do you think? Is this a misdomeanor?
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17 ANSWERS

Dennis P. Mikko
It is a misdemeanor. If the bond was set at $5,000 10%, he would have to post $500 for his release. Remember, he has already left the scene of an accident and that was taken into account when bond was set. His punishment would depend on his past record.
Answered on Aug 07th, 2012 at 1:37 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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He can probably get pre trial intervention which would not result in a criminal record. It is not a serious crime. I would have to look it up to see if it is a felony. Many minor crimes are now classified as felonies.
Answered on Aug 07th, 2012 at 1:30 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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It is leaving the scene of a property damage accident. The bail does seem a little high if he has no other record. I think it is a misdemeanor.
Answered on Aug 07th, 2012 at 11:50 AM

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Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
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That would be jail or/and a fine.
Answered on Aug 06th, 2012 at 9:48 PM

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Personal Injury Law Attorney serving Davie, FL at Douglas Johnson & Associates, P.A.
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One time a dog ran out in front of my car and I hit a telephone pole. In fact most light poles are damaged because dogs run out in front of cars. Its almost in epidemic.
Answered on Aug 06th, 2012 at 8:43 PM

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Appellate Practice Attorney serving Columbia, SC at Aiken and Hightower PA
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In South Carolina, the offense is hit and run property damage, which is a Class C misdemeanor. This offense carries a maximum penalty of one year and/or $100-$5,000. The judge can also order restitution for the cost to repair or replace the pole. The worst part is that if your son is convicted, the court will have to revoke his license.
Answered on Aug 06th, 2012 at 12:05 PM

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Accident Attorney serving Jackson, MS at The Lockhart Law Firm
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Leaving the scene of an accident is generally a misdemeanor crime and genrally has a fine and small amount of jail time that can be assessed. Mostly, he'll probably have to pay a fine in the neighborhood of $500.00 or more.
Answered on Aug 03rd, 2012 at 3:02 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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This is a civil and criminal matter and very serious. He needs a lawyer now.
Answered on Aug 03rd, 2012 at 2:55 PM

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Ronald A. Steinberg
Leaving the scene of a property damage accident is (I believe) a misdemeanor, as is leaving the scene of a personal injury accident. Whether or not the light was "knocked out," if the pole was damaged, then your son violated the law. The punishment is set by the law the created the crime. If someone runs away from the scene of an accident, don't you think that they could also run away from the Court? That is why the bond was set so high. Your lawyer can always try to have the bond lowered.
Answered on Aug 03rd, 2012 at 1:35 PM

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Our hit and run statute provides as follows: O.C.G.A. Section 40-6-270 Duty of driver involved in accident resulting in injury to or death of person or in damage to attended vehicle; punishment for violations; jurisdiction of municipal court (a) The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall: (1) Give his or her name and address and the registration number of the vehicle he or she is driving; (2) Upon request and if it is available, exhibit his or her operator's license to the person struck or the driver or occupant of or person attending any vehicle collided with; (3) Render to any person injured in such accident reasonable assistance, including the transporting, or the making of arrangements for the transporting, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such transporting is requested by the injured person; and (4) Where a person injured in such accident is unconscious, appears deceased, or is otherwise unable to communicate, make every reasonable effort to ensure that emergency medical services and local law enforcement are contacted for the purpose of reporting the accident and making a request for assistance. The driver shall in every event remain at the scene of the accident until fulfilling the requirements of this subsection. Every such stop shall be made without obstructing traffic more than is necessary. (b) If such accident is the proximate cause of death or a serious injury, any person knowingly failing to stop and comply with the requirements of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (c) (1) If such accident is the proximate cause of an injury other than a serious injury or if such accident resulted in damage to a vehicle which is driven or attended by any person, any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a misdemeanor and: (A) Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both; (B) Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both; and for purposes of this subparagraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and (C) Upon the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both; and for purposes of this subparagraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions. (2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. (3) If the payment of the fine required under this subsection will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proce
Answered on Aug 03rd, 2012 at 9:15 AM

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Steven D. Dunnings
Avoiding law enforcement officers in the performance of their duties is not to be taken lightly. It is a misdemeanor to be taken seriously.
Answered on Aug 01st, 2012 at 8:37 PM

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Why did he flee? Remember you may not know all the circumstances and what is his prior record.
Answered on Aug 01st, 2012 at 8:32 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Bail does seem too high. Hit and run involving only property damage is a misdemeanor. Turn it over to your insurance co or pay the damage and you should get a tap on the wrist. The purpose of the statute is to get folks to pay for the damage they cause. Especially to public property.
Answered on Aug 01st, 2012 at 8:30 PM

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Appellate Practice Attorney serving Bloomfield Hills, MI at Law Office of William L. Spern
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Leaving the scene of a property damage accident is a misdemeanor. A 5k bond seems high and should be reduce 10%, a personal bond or released on own recognizance, aka ROR.
Answered on Aug 01st, 2012 at 8:29 PM

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Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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Although your question involves an automobile accident, this Law Area tends to be for people that have questions regarding the civil, non-criminal, aspects of motor vehicle accidents. I would suggest re-asking your question in either of these Law Areas: Criminal or Criminal Defense.
Answered on Aug 01st, 2012 at 8:28 PM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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It is a misdemeanor, leaving the scene of a property damage accident and/or failing to report a property damage accident. If he has a clean record, a special deal to keep it off his record can be made usually.
Answered on Aug 01st, 2012 at 8:27 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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Your son's bail is proper. He could be charged w/numerous items, leaving the scene, destruction of public property and other matters.. I recommend you seek counsel for him.
Answered on Jul 27th, 2012 at 3:19 PM

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