Hit and Run

A car accident can be an extremely stressful experience, and sometimes the initial shock of being involved in one can affect a person’s ability to think clearly.  Many people that are charged with leaving the scene of an accident do not even realize what they have done wrong until long after the incident.  There is no set amount of time that a person charged with this crime has to actually leave the scene.  Police can use their discretion to determine whether to charge a person.  For example, we have seen hit and run charges put on a driver that left the scene for a matter of minutes and then returned.  In this particular case, police did not care that the driver had voluntarily returned to the scene.  The driver was arrested and charged with a misdemeanor.  On the other hand the fact that the driver actually returned was a mitigating factor that we were able to use in court.

In any serious car, truck, or motorcycle accident the drivers involved have a duty exchange information and to remain at the scene until police show up.  If the driver who caused the accident does not stay at the scene they are risking serious consequences.  Leaving the scene of an accident can result in fines or even a lengthy jail sentence in Maryland depending on the severity of the injuries.  If a person causes serious injury or death on the road and does not stay at the scene, he or she faces significant time and a permanent criminal conviction.  Hit and run cases are some of the toughest cases to defend, and if you or a loved one have been charged with this crime it is extremely important to retain an aggressive and experienced criminal defense lawyer.  Regardless of whether a person eventually returns to the scene of the accident or flees and does not come back, the state and the judge will not be sympathetic.  Even first time offenders are at a serious risk of jail or a permanent conviction if they don’t have someone in their corner fighting for them.  Leaving the scene of an accident with property damage carries a maximum penalty of up to 60 days in jail, while leaving the scene of an accident with bodily injury carries up to 1 year in jail.  Under Maryland law a driver involved in an accident who knew or should have known that the accident caused serious bodily injury faces a felony and up to 5 years in prison.  If the a death occurs the driver faces up to 10 years in prison.

The Herbst Firm understands that sometimes people make rushed decisions in the heat of the moment, and we are prepared to fight for you rights and your freedom.  Benjamin Herbst has defended hit and run cases where clients return to the scene and make statements to the police, cases where clients have made a conscious decision to leave the scene and not return, and cases where clients were not even involved in the accident.  Either way Mr. Herbst is committed to preparing the best possible defense for your case.  Proving a hit and run case often comes down to the observations of the alleged victim in the case.  These victims often are in a state of panic, and can easily give police an inaccurate license plate or car descriptions.  In addition, most of these cases occur at night where witnesses are unable to get a good look at the people involved in the accident.  False accusations are common in leaving the scene cases and anyone who is charged with this crime is at risk of being unjustly convicted.  Simply owning a vehicle that is involved in a hit and run accident is not enough for the State to convict a driver.  The State must prove it was the defendant with actual evidence, and Benjamin makes sure his clients will not be unjustly convicted. Contact us at any time to discuss the defenses that may be available to you, and the potential consequences of this criminal charge