Can You Be Arrested for Hit and Run in New York?

Getting into a car accident is stressful enough, but fleeing the scene can turn a bad situation into a potential criminal matter. At Spodek Law Group, we often get asked - "Can you be arrested for hit and run in New York?" The short answer is yes, you absolutely can be arrested for leaving the scene of an accident in New York. But there's a lot more you need to know about hit and run laws in the Empire State.As experienced New York criminal defense attorneys, we've helped many clients navigate the complex legal issues surrounding hit and run charges. In this comprehensive guide, we'll break down everything you need to know about hit and run laws in New York, potential penalties, and what to do if you're facing charges.

What Exactly Constitutes a Hit and Run in New York?

Before we dive into the consequences, let's clarify what legally qualifies as a hit and run in New York. Under New York Vehicle and Traffic Law Section 600, a hit and run occurs when a driver is involved in an accident and knowingly leaves the scene without:

1. Stopping
2. Identifying themselves
3. Exhibiting their license and insurance information
4. Reporting the incident to law enforcement (if required)

It's important to note that this applies to ANY accident involving damage to property or injury to a person, even if you weren't at fault. Yes, that means even if someone hits your parked car and you drive away, you could technically be charged with hit and run.The key elements are:

• You were involved in an accident (even a minor one)
• You knew or should have known you were in an accident
• You left the scene without fulfilling your legal obligations

Let's look at a real-world example we've encountered:John was driving home late one night and clipped a parked car's side mirror. He panicked and kept driving, thinking no one saw him. But a neighbor's security camera caught the incident on video. Even though the damage was minor, John was later charged with leaving the scene of an accident.

Can You Really Be Arrested for Hit and Run?

Now to address the big question - yes, you absolutely can be arrested for hit and run in New York. While not every hit and run results in an immediate arrest, it is considered a criminal offense that can lead to arrest, especially in cases involving injuries or significant property damage.The severity of the offense and likelihood of arrest generally depends on:

• Whether there were injuries
• The extent of property damage
• If you were under the influence of drugs/alcohol
• Your prior driving record
• How long after the incident you're identified

In our experience, immediate arrests are more likely in cases involving:

• Serious injuries or fatalities
• Suspicion of DUI/DWI
• Extensive property damage
• Fleeing from police after the accident

Even if you're not arrested on the spot, hit and run charges can result in a warrant for your arrest being issued. We've had clients who thought they "got away with it" only to have police show up at their door weeks or months later with an arrest warrant.

Potential Penalties for Hit and Run in New York

The consequences for hit and run in New York can be quite severe, ranging from fines and license suspension to potential jail time. The exact penalties depend on the specifics of the incident, particularly whether it involved only property damage or if there were injuries.Here's a breakdown of potential penalties: It's crucial to understand that these are just the potential penalties. The actual consequences can vary widely based on the specific circumstances, your prior record, and how your case is handled. That's why having an experienced hit and run defense attorney in your corner is so important.We've seen cases where skilled legal representation has made the difference between jail time and probation, or between a license suspension and maintaining driving privileges. Don't underestimate the impact proper legal counsel can have on the outcome of your case.

What to Do If You're Involved in a Hit and Run

If you find yourself in the unfortunate situation of being involved in a hit and run, whether as the driver who left or the victim, here are some crucial steps to take:

If You Left the Scene:

1. Stop and take a breath. Panic often leads to poor decisions. Try to calm yourself.
2. Return to the scene if possible. If it's only been a short time, going back and providing your information can sometimes mitigate the severity of charges.
3. Report the incident to police. If you can't return to the scene, report the accident to law enforcement as soon as possible.
4. Document what happened. Write down your recollection of events while it's fresh in your mind.
5. Contact an attorney immediately. The sooner you have legal representation, the better protected your rights will be.

If You're the Victim:

1. Ensure your safety and seek medical attention if needed.
2. Call the police and file a report. This creates an official record of the incident.
3. Gather as much information as possible. Try to remember details about the other vehicle and driver.
4. Look for witnesses and security cameras. They can provide valuable evidence.
5. Document everything. Take photos of damage and injuries.
6. Contact your insurance company.
7. Consider consulting an attorney. We can help protect your rights and pursue compensation.

Remember, the actions you take immediately after a hit and run can have a significant impact on any potential legal proceedings. Don't hesitate to reach out to us at 212-300-5196 for guidance specific to your situation.

Common Defenses for Hit and Run Charges

If you're facing hit and run charges in New York, all hope is not lost. There are several potential defenses that an experienced attorney can employ, depending on the specifics of your case. Here are some common defenses we've successfully used for our clients:

1. Lack of Knowledge

One of the key elements of a hit and run charge is that you knew or should have known that you were in an accident. If we can demonstrate that you genuinely were unaware that an accident occurred, it can be a strong defense.For example, we once represented a client who was charged with hit and run after allegedly sideswiping a car in a parking lot. We were able to show that due to the size of his vehicle and the minor nature of the contact, he had no reason to believe an accident had occurred.

2. Mistaken Identity

In some cases, especially those where the driver isn't immediately apprehended, there can be issues of mistaken identity. We've had success challenging eyewitness identifications or questioning the reliability of partial license plate numbers.

3. Emergency Situation

If you left the scene due to a genuine emergency - like rushing an injured person to the hospital - it can serve as a defense. However, it's crucial that you report the accident as soon as the emergency is addressed.

4. Lack of Damage or Injury

In cases involving very minor accidents, we may be able to argue that there was no apparent damage or injury that would have alerted you to the need to stop and exchange information.

5. Involuntary Intoxication

While voluntary intoxication is not a defense, if you were unknowingly drugged or your drink was spiked, it could potentially be used as a defense for your actions.

6. Improper Police Procedure

Sometimes, we can get charges reduced or dismissed if we can show that police didn't follow proper procedures in their investigation or in collecting evidence.It's important to note that the viability of these defenses depends heavily on the specific facts of your case. That's why it's crucial to consult with an experienced hit and run defense attorney who can evaluate your situation and develop the most effective defense strategy.

The Importance of Experienced Legal Representation

When facing hit and run charges in New York, the importance of having a skilled and experienced attorney cannot be overstated. At Spodek Law Group, we bring decades of experience in defending hit and run cases to the table. Here's why having the right legal representation is crucial:

1. Understanding of Complex Laws: Hit and run laws in New York can be complex and nuanced. We have a deep understanding of these laws and how they're applied in real-world situations.
2. Negotiation Skills: Often, the best outcomes in hit and run cases come through skilled negotiation with prosecutors. We have a track record of securing favorable plea deals for our clients.
3. Investigation Capabilities: We have the resources to conduct our own investigation, potentially uncovering evidence that can support your defense.
4. Courtroom Experience: If your case goes to trial, you want an attorney who's comfortable and experienced in the courtroom. We have extensive trial experience in hit and run cases.
5. Mitigation of Penalties: Even in cases where a conviction is likely, we can often work to minimize the penalties you face.
6. Protection of Rights: From the moment you hire us, we work to protect your constitutional rights and ensure you're treated fairly throughout the legal process.

Remember, the prosecutor's job is to secure a conviction, not to look out for your best interests. That's why having a dedicated advocate in your corner is so important.

Frequently Asked Questions About Hit and Run in New York

Throughout our years of practice, we've encountered many questions about hit and run charges in New York. Here are some of the most common:Q: If I go back to the scene after leaving, can I still be charged with hit and run?A: Potentially, yes. However, returning to the scene quickly can often mitigate the severity of charges or penalties. It's always better to go back than to not report the accident at all.Q: Can I be charged with hit and run if the accident wasn't my fault?A: Yes. New York law requires you to stop and exchange information regardless of who was at fault for the accident.Q: What if I hit a parked car and there's no one around?A: You're required to make a reasonable effort to locate the owner. If you can't, you should leave a note with your contact information and report the incident to the police.Q: Can I lose my license for a hit and run?A: Yes, hit and run convictions often result in license suspension or revocation, especially for cases involving injuries.Q: Will my insurance rates go up if I'm convicted of hit and run?A: Most likely, yes. Hit and run convictions typically lead to significant increases in insurance premiums.Q: Can a hit and run charge be expunged from my record?A: It depends on the specifics of your case and the outcome. In some situations, we may be able to help you get the record sealed or expunged.If you have more questions about your specific situation, don't hesitate to reach out to us at 212-300-5196. We're here to provide the guidance and support you need.

Conclusion: Don't Face Hit and Run Charges Alone

Being involved in a hit and run can be a frightening and overwhelming experience. Whether you made a mistake in the heat of the moment or you're being falsely accused, the potential consequences are serious. But remember, being charged with hit and run doesn't automatically mean you'll be convicted.At Spodek Law Group, we've helped countless clients navigate the complexities of hit and run charges in New York. We understand the stress and uncertainty you're facing, and we're here to guide you through every step of the legal process.From building a strong defense strategy to negotiating with prosecutors, we'll work tirelessly to protect your rights and fight for the best possible outcome in your case. With our experience and dedication, you can face your charges with confidence.Don't let a hit and run charge derail your life. Contact Spodek Law Group today at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule a consultation. Remember, the sooner you get experienced legal representation, the better your chances of a favorable outcome. Let us put our expertise to work for you.