Leaving the Scene of an Accident
Leaving the Scene of an Accident
If you have been charged with Leaving the Scene of an Accident please call or email me as soon as possible. Like nearly every other type of criminal charge, it is critical to be proactive and take some action to defend yourself before your next court date. This is especially true since a conviction or adverse finding of Leaving the Scene of an Accident may result in a driver’s license suspension of up to six (6) months.
If you want to avoid a driver’s license suspension, the first thing you need to do is to contact an attorney who has experience representing people charged with Leaving the Scene of an Accident. At the very least, an experienced and good criminal defense attorney can help you avoid the driver’s license suspension.
There are two (2) types of charges for Leaving the Scene of an Accident under Rhode Island law. The misdemeanor charge involves a circumstance where the other driver or passenger does not sustain a serious bodily injury. Naturally, the felony charge does involve a circumstance where another person is seriously injured.
Duty to Give Information and Render Aid
Under the Rhode Island Leaving the Scene of an Accident statute, any driver knowingly involved in an accident that results in a death, personal injury or property damage must immediately stop at the scene of the accident and, upon request, provide his or her name, address, driver’s license and registration information. Additionally, the driver must render reasonable assistance to any injured people and notify the police by the quickest means of available communication.
Naturally, this begs the question: what if there was no property damage? It appears, from a plain reading of the Leaving the Scene of an Accident statute, that if the collision of the two (2) vehicles does not result on any property damage, then there is no duty to provide identification.
It is also interesting that the driver has to know he was involved in an accident. However, the Rhode Island Supreme Court has held that the driver does not have to actual knowledge. Instead, the Court stated that a violation of this statute occurs when the driver reasonably should have known that he was involved in an accident resulting in injury or property damage.
Lastly, the Rhode Island Supreme Court has also concluded that the word accident as used in the Leaving the Scene of an Accident statute included intentional collisions. Amazingly, a Defendant once argued that since he intentionally collided into the rear of another vehicle that meant that he could not be charged with Leaving the Scene of an Accident.
Misdemeanor Leaving the Scene of an Accident
This charge is reserved for cases where the accident results only in property damage.
The penalty for this charge involves:
- Up to one (1) year in prison,
- A five hundred dollar ($500.00) fine, and
- Six (6) month loss of license.
Felony Leaving the Scene of an Accident
For accidents that result in personal injury the penalties involve:
- Up to five (5) years in prison,
- A five thousand dollar ($5,000.00) fine, and
- A mandatory driver’s license suspension of one (1) year, with a total suspension of up to five (5) years.
For accidents that result in serious bodily injury, first offense, the penalties involve:
- Up to ten (10) years in prison, with a mandatory one (1) year to serve,
- A mandatory fine of at least one thousand dollars ($1,000.00) but not more than five thousand dollars ($5,000.00), and
- A driver’s license suspension of up to two (2) years.
The penalties significantly increase for a second offense within five (5) years.
For accidents that result in death, first offense, the penalties involve:
- Up to fifteen (15) years in prison, with a mandatory two (2) years to serve,
- A mandatory fine of at least five thousand dollars ($5,000.00) but not more than ten thousand dollars ($10,000.00),
- A driver’s license suspension of up to three (3) years.
The penalties significantly increase for a second offense within five (5) years.