Westwood Leaving the Scene of an Accident Lawyer

How to Convict Someone of Leaving the Scene of an Accident

For Leaving the Scene of a Property Damage Accident Case

In order for you to be found guilty of leaving the scene of property damage, the prosecution must prove the following beyond a reasonable doubt:

• That a person operated a motor vehicle;
• That the vehicle was operated on a public way or a place in which members of the public have access;
• That while operating the vehicle they caused damage to another vehicle or property either by colliding with it or damage in some other way
• That they knew they had collided or caused damage to another’s property; and
• That after causing such damage, the operator did not stop and make known their name, home address and the registration number of the vehicle involved.

For Hit-and-Run Accidents Involving Injury

To be found guilty of leaving the scene of personal injury, the Commonwealth must prove beyond a reasonable doubt that:

• A person operated a motor vehicle on a public way;
• They collided with or otherwise injured another person; and
• After the collision or injury, the individual did not stop and make known their name, home address and the registration number of the motor vehicle involved.

What Happens if I am Arrested for Leaving the Scene?

Typically, if an individual leaves the scene of an accident that caused personal injury or property injury, the individual is not present when the police arrive at the scene. However, the police have different methods of locating a person who leaves the scene after causing property damage and/or personal injury.

Police may be able to locate, identify and ultimately charge an individual based on eyewitness observations made before, after and/or during the collision; by forensic or physical evidence left at the scene; after a thorough search of the area, etc. The mere fact that an individual can leave the scene of an incident prior to the police arrival does not mean the individual will ultimately not be charged.

If you are contacted by the police about a motor vehicle accident and/or any other matter, do not speak to the police without calling an attorney first. Anything you say to the police on the phone, through email, or in person can and will be used against you in a court of law.

What's the Penalty for Leaving the Scene of an Accident in Massachusetts?

Property Damage Hit and Runs

The penalty for leaving the scene of an accident after causing property damage is up to 2 years in the House of Corrections. There is a minimum sentence of two weeks incarceration only if the judge imposes a jail sentence. 

Often, provided there is no prior criminal record, we are able to resolve this charge without a period of incarceration. These are typically cases that can be fought at trial.

Please note: A charge of leaving the scene of property damage may also be resolved with a continuation without a finding, which will turn to a dismissal after having successfully completed the imposed probationary period.

Hit and Runs that Cause Bodily Injury

The penalty for leaving the scene of an accident after causing personal injury (not resulting in death) is imprisonment in the house of corrections for not less than six months and not more than 2 years.

However, the minimum jail sentence of a minimum 6-month period is only if a judge chooses to impose a period of incarceration. A person could be sentenced to a probationary period.

As a personal injury to an individual was sustained, the law does not allow this charge to be resolved by a continuation without a finding.

Fatal Hit-and-Run Accidents

The penalty for leaving the scene of an accident after causing personal injury resulting in death is imprisonment in:

• The state prison for anywhere between two and a half and 10 years; or
• The house of corrections for anywhere between one year and two and a half years.

A sentence imposed after a conviction for this charge requires that the individual serve a minimum mandatory sentence of no less than one year. Meaning, if convicted of leaving the scene without identifying yourself after causing death, an individual must serve a minimum mandatory sentence of one year in custody.

A continuation without a finding disposition is not available for leaving the scene of personal injury offenses, and the individual cannot be released from custody without having served at least one year in custody.

If I am Charged, How Can it Affect My Life?

Not only are there legal consequences involved in being criminally charged, including the possibility of going to jail, but there are also license consequences with the Registry of Motor Vehicles.

Depending on the charge and the ultimate court disposition, an individual charged with leaving the scene could lose their license. This would prevent you from operating a motor vehicle.

A criminal record also comes with a stigma that may cause you to lose out on employment and housing opportunities. It can also impact your personal and family life.

Call us at (617) 397-5755 to get in touch with a lawyer near you today!

What Defenses Are There to Leaving the Scene Offenses?

Each case gives rise to different defenses.

One such defense is operation, meaning, can the DA’s office prove that you were actually the one driving the car? The burden is on the Commonwealth to prove that the individual charged was the person operating or driving the motor vehicle during the crash.

Another defense is the lack of proof that the accident occurred on a public way or a road to which the public has the right of access.

Lack of knowledge is yet another. The law makes it a crime to leave the scene after having knowingly gotten in an accident. There is a knowledge element that is required before an individual can be convicted. Experienced lawyers can sometimes challenge the surrounding circumstances in the case to show a lack of knowledge on the suspect’s part.

Why You Should Hire a Defense Attorney

Leaving the scene of an accident that caused property damage or personal injury can result in serious criminal charges. At Eisenstadt Law, our criminal attorneys have experience defending our clients against these hit-and-run charges. We will work hard to make strategic decisions to obtain a successful outcome for your case.

It is common for witnesses to be unable to identify a hit-and-run driver. If this applies to your case, motions to suppress or dismiss can be filed that could result in the case being thrown out altogether.

Put a proven Westwood defense attorney on your side—call (617) 397-5755 or book your free consultation online.