Leaving the Scene
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Leaving the Scene
Leaving Scene of an Incident without Reporting
If you are accused of “Leaving the Scene of an Incident Without Reporting” (often called “hit and run”) then contact an experienced criminal defense attorney at Greco Neyland, PC. We are experienced in fighting these charges. We know the tactics used by the NYPD when investigating hit and run cases throughout New York City
The vast majority of these cases involve a crash with a parked car or other unattended property. Other cases involve a hit and run with an occupied vehicle or attended property. The most serious cases involve a crash with serious bodily injury or death.
Never leave the scene until you have complied with all of your reporting requirements. But if you have already left the scene then a criminal investigation has begun. At that point, you have the right to be represented by an attorney and you have the right to remain silent so that you do not incriminate yourself.
Call us to find out how to deal with the criminal investigation and resolve the issues with your insurance company and the insurance company for anyone else involved in the crash. Call (212) 951-1300 today to discuss your hit and run case after leaving the scene of a crash in Manhattan or the surrounding areas in New York City.
Your Duties after a Motor Vehicle Crash
Under New York law, if a driver involved in a crash knows or has cause to know that personal injury has been caused to another person, then before leaving the place where the crash occurred, the driver must stop, exhibit his or her driver’s license and insurance identification card. The driver must also give certain information including:
- address, including street and street number; and
- insurance carrier and insurance identification information.
The insurance information must include the number and effective dates of the insurance policy and license number.
The information must be given to the injured party, if practical, and also to a police officer. If no police officers in nearby, then the driver must report the crash as soon as possible to the nearest police station or judicial officer.
Penalties for Leaving the Scene
Under VTL § 600(2), hit and run is designated as a class B misdemeanor for a defendant’s first violation of VTL § 600(2)(a). A second conviction is prosecuted as a class A misdemeanor.
For a second offense charged as a class A misdemeanor under VTL § 600(2)(b), the prosecutor must prove an additional element that the defendant has previously been convicted of this crime.
That element must be charged in a special information. After the beginning of the trial, the defendant must be arraigned on that special information. If, upon such arraignment, the defendant admits the element, the court must not make any reference to it in the definition of the offense or in listing the elements of the offense.
On the other hand, if the defendant denies the element or remains mute, and the defendant is being prosecuted for the A misdemeanor, then the court must first, add as part of the definition of the crime that: “A violation of this law is a class A misdemeanor if the defendant has previously been convicted of “’leaving the scene without reporting,’” and second, the court must add that to the elements of the crime as set forth in footnote 6. CPL § 200.60. See People v. Cooper, 78 N.Y.2d 476 (1991).
A third or subsequent violation can be charged as a class E felony for any violation “other than mere failure of an operator to exhibit his license and insurance identification card for such vehicle, where the personal injury involved results in death or serious physical injury.”
Definitions in New York’s Leaving the Scene Statute
The term “motor vehicle” is defined to mean every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power. The term “motor vehicle” is defined in Vehicle and Traffic Law § 125.
The term “public highway” is defined in Vehicle and Traffic Law § 134.
Elements of Leaving the Scene (Hit and Run)
Under the laws of the State of New York, the crime of leaving the scene (hit and run) includes the following elements;
- On a certain date in a certain location;
- The defendant knew or had cause to know that personal injury had been caused to another person, due to an incident involving the motor vehicle operated by the defendant; and
- That the defendant did not, before leaving the place where the said personal injury occurred, stop, exhibit his/her license and insurance identification card for such vehicle, when such card is required by law, and give his/her name, residence, including street and street number, insurance carrier and insurance identification information including but not limited to the number and effective dates of said individual’s insurance policy and license number, to the injured party, if practical, and also to a police officer, or in the event that no police officer was in the vicinity of the place of said injury, then, he/she did not report said incident as soon as physically able to the nearest police station or judicial officer.
Finding an Attorney for Leaving the Scene in Manhattan
If you were charged with Leaving the Scene of an Incident Without Reporting then contact an experienced criminal defense attorney in Manhattan in New York City. The attorneys at Greco Neyland, PC are experienced in representing clients in Manhattan and throughout New York City in hit and run cases after a traffic crash.
This article was last updated on Wednesday, July 6, 2016.
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