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Hit and Run

Hit and Run

Hit and Run in Virginia: Understanding the Law and Consequences

“Hit and Run” is the commonly used term for Virginia Code §46.2-894, Failure to Report an Accident. This offense occurs when a driver, and any passengers, are involved in a motor vehicle crash and leave the scene without contacting the other driver or taking appropriate action. This crime applies to both crashes involving unattended property and occupied vehicles. The penalties for a hit-and-run charge escalate based on the value of the damage and whether anyone involved was injured.

What Are the Consequences of a Hit and Run?

Unattended Property Damage Over $500

Classified as a Class 1 misdemeanor, this offense carries penalties of:

  • Up to 12 months in jail
  • Fines up to $2,500
  • Driver’s license suspension for up to 6 months

Attended Vehicle with Property Damage Over $500

Also a Class 1 misdemeanor, with the same penalties as above:

  • Up to 12 months in jail
  • Fines up to $2,500
  • Driver’s license suspension for up to 6 months

Attended Property Damage Over $1,000

Classified as a Class 5 felony, this offense carries penalties of:

  • Up to 10 years in prison
  • Fines up to $2,500
  • Driver’s license suspension for up to 1 year

Hit and Run Resulting in Death
or Injury

Also a Class 5 felony, with penalties of:

  • Up to 10 years in prison
  • Fines up to $2,500
  • Driver’s license suspension for up to 1 year

How Do I Fight a Hit and Run Charge?

Defenses Against the Facts:

  • Proving Driver Identity: The prosecution must establish that you were the driver at the time of the crash.
  • Lack of Knowledge: In some cases, a driver may be unaware that a crash occurred.
  • Compliance with the Law: Demonstrating that you stopped, provided the required information, and, in the case of unattended property, made a reasonable effort to locate the owner or reported the incident to the police within 24 hours.
  • Necessity/Emergency: Showing that you left the scene due to a medical emergency or safety concern.

Defenses Against Procedures:

  • Warrant Issues: Determining whether a warrant was required but not obtained.
  • Evidence Handling: Examining whether investigators failed to collect or properly safeguard evidence.
  • Constitutional Violations: Identifying any violations of your constitutional rights.
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