hit and run

If you are one of the people involved in a crash in New York State, the law is particular on what is expected of you. Leaving without sharing your vehicle, insurance, and personal information without justifiable reasons is unlawful. The consequences are stated in the Vehicle and Traffic Law (VTL) Section 600 and can be extremely harsh.

Most people involved in the crash don’t know how to respond when they are charged with a hit and run offense in Long Island. Especially when you know you are not liable for the crush, you might not know how to plead. But no matter the circumstances, a seasoned Long Island criminal justice attorney can help you understand the implications of the various pleas.

Do I Get Additional DMV Points if I Plead Guilty for Hit and Run?

Apart from the fines you will pay, pleading guilty to leaving the scene of an accident can negatively impact your driver’s license. Leaving an accident skin where some property was damaged or a domestic animal was injured can earn you three (3) points.

You might get more points depending on what you did before the crash. For instance, if you were speeding, you could get 3, 4, 6, 8, or 11 points depending on the speed limit exceeded. Reckless driving comes with 5 points, 4 points for following too closely or inadequate breaks, and 2 points for other moving violations.

What Happens to My Insurance Premiums if I Take a Guilty Plea?

Admission of guilt could automatically give you additional DMV points on your driver’s license. This could portray you as a reckless driver, and insurance companies might increase your premiums to shield themselves from possible losses in the future.

Remember, the increased insurance premium rates can remain with you for up to seven (7) years. The cumulative cost of insuring your vehicle following the guilty plea might go up by up to $550 a year. You might have paid up to $3,850 more in the seven years. An experienced Long Island hit and run defense attorney understands these consequences well and will strive to protect you from them.

Will I Lose My License if I Plead Guilty to a Hit and Run?

Taking a guilty plea for a hit and run involving property damage might not lead to license revocation. But if some people were injured or died from the crash, a six-month license revocation might be one of the consequences. Commercial drivers might endure a lengthier revocation. And unlike a suspension where the license is taken away and returned after some time, a revocation is more severe.

Revocation terminates and voids your driver’s license in New York State. After the six-month waiting period, you can apply for a new license and pay a re-application fee. They could deny your application if you don’t meet all the DMV requirements. So, you might want to avoid pleading guilty for hit and run.

Will I Go to Jail if I Plead Guilty for Hit and Run on Long Island?

Violation of New York code VTL 600(1) might be less serious than situations where injuries or death resulted. However, you can be jailed for up to 15 days if you plead guilty to leaving an accident scene involving property damage.

A guilty plea can attract up to a year in jail if there are injuries. You might be imprisoned for up to 7 years if the injuries sustained in the hit and run incident are serious or if fatalities occur. Losing your freedom for an accident you probably didn’t cause is devastating enough. Let a Long Island hit and run defense attorney fight for you and help you avoid a conviction.

Are There Financial Implications to How I Plead?

Apart from the higher insurance premiums that come with most traffic-related offenses, there are several other financial implications of pleading guilty to hit and run charges in New York State. If no one was injured in the crash you fled from, you could part with fines of up to $250. In accidents with injuries, you might pay fines of between $250 and $5,000, depending on the severity of the injuries.

Apart from the above fines, there are other surcharges you could pay if you take a guilty plea. Mandatory surcharges for no or minor injuries could be between $88 and $93. You might also spend money attending driving lessons before your driving privileges are restored.

How Can an Attorney Help When I Want to Take a Plea?

Most people think a guilty plea is only taken in court before a judge. However, a plea can be taken through the actions you take or fail to take after leaving the accident scene in New York State. For instance, paying for the ticket to avoid too many altercations and court appearances can be interpreted as an admission of guilt.

So, before taking any action, it is best to seek the valuable advice of an experienced New York hit and run defense attorney. As soon as you find yourself in a safe place, you should call a legal expert for guidance on the next steps. And if you take the right plea, it will be easier for your lawyer in Long Island to:

• Dismiss the charges completely
• Avoid court costs, fines, and jail term
• Protect your driver’s license
• Eliminate or reduce points on your driver’s license

Experienced Legal Guidance from Aggressively New York Criminal Defense Attorneys

A plea might seem insignificant to criminal and traffic charges, but it is not. It can mend or ruin the next several years of your life in New York State. Every person accused of leaving the scene of an accident needs proper legal guidance.

Our lawyers have been representing clients accused of various crimes in Long Island, NY. Speak to us today, and we will aggressively strive to give your case the best possible outcome.

Hit and run cases in New York state are undeniably complicated. Many people get involved in accidents in Long Island and flee because of panicking and not knowing what to do. Unfortunately, whether you were at fault or not, you can be charged.

Serious ramifications await drivers that happened to leave without attempting to help or leave behind their details. The seriousness of the offense is case-specific, and you can negotiate for an acquittal or reduced charges through your aggressive criminal defense attorneys in Long Island.

How Can I Ascertain that I Have Been Charged for the Right Offense?

Hit and run is generally a very serious offense. But the severity of the offense determines how it’s handled and the punitive actions that can be taken against you. Remember, you might not be charged as a criminal offender for only leaving after a property is damaged. It is actually a traffic infraction that doesn’t come with a criminal record.

Failure to provide personal and insurance details can come as a class B misdemeanor when an injury is involved. The charge might be elevated to become a Class A misdemeanor if you are a repeat offender of the Class B misdemeanor or if you failed to stop and remain at the scene where people had been injured.

A hit and run might graduate to a felony if you fail to do the needful in an incident where serious injuries were sustained or where some people died. It might be a Class E felony for the former and a Class D felony for the latter.

What Happens When I Don’t Defend Myself Adequately in a Hit and Run?

Your freedom or lack of it when you have been charged with a hit and run offense largely depends on your ability to defend yourself. And this depends on the quality of legal advice you get from your Long Island hit and run defense attorney.
A good defense is usually fused with deep knowledge of the New York laws and can differentiate who gets a guilty or a not guilty verdict. If you fail in your defense and are convicted for a hit and run offense, you risk:

• Ticket of up to $250 if there were no injuries
• Up to 15 days in jail if there are no injuries
• 3 points on your driving record
• A dramatical rise in your vehicle insurance rates
• Court costs and other fees
• Cancellation by your insurance
• Trouble getting your insurance rates lower for several years
• Loss of Commercial Driving License (CDL) for a year
• Up to $5,000 in fines if another person is injured
• Up to 3 months in jail for refusing to provide insurance details
• Up to 1 year in jail for leaving before police arrive at the scene

Does What I Say Have an Implication on My Case After A Hit And Run Incident?

After a hit and run incident, you might be tempted to pull out the apologetic or remorse card. But voicing this or any other thing can implicate you of the offense. Most people blurt out about how they didn’t mean to, implying that they are guilty.

The rule of the thumb after a hit and run is never to admit fault in whichever circumstance. For instance, if it is established that you did not realize that you had struck another car when you left, you might not be convicted for the offense.

Note that, even if you just tap another vehicle’s bumper without causing any damage, the law requires you to stop. So, if you defend yourself with the excuse that you realized that no damage had been caused and intentionally left the scene, you can be convicted.

What Steps Can I Take Towards Getting Better Outcomes for My Case?

While your Long Island hit and run defense attorney works towards building the best possible defense for your case, you may wonder if you can do anything to contribute to better possibilities. The online defensive driving course can have a positive impact on your case.

Taking the course can lower the chances of your insurance canceling your coverage with them and the possibility of your insurance rates rising. It can also keep the three points that come with a hit and run offense from being added to your driving record.

Other activities that you can do while you wait for your case to be determined will depend on the unique requirements of your case. For instance, if substance abuse was involved, you could consider taking online courses in line with the problem.

How Can I Defend Myself Against a Hit and Run Offense in Long Island?

Mistake of facts is a common defense that can be used depending on the situation. It simply means that you were not aware that you had actually hit another person, their vehicle, or their property.

You might also defend yourself if the other driver told you to leave and not worry about it. In such a case, both parties in the incident were unaware of injuries resulting from the accident. Thus, you cannot be convicted if you left under such circumstances.

Other defenses that can be explored by your hit and run defense lawyer in Long Island include:

• Improper custodial interrogation
• Violation of your constitutional rights
• Arrest beyond a year after the incident
• You were unable to provide reasonable assistance
• You did not know about any injuries
• You did not know there was damage to the property
• Failure to provide your information wasn’t willful
• The failure to stop wasn’t willful
• You were not driving the alleged vehicle
• Involuntary intoxication
• You were responding to an emergency

Qualified Legal Counsel Guiding and Representing You Throughout the Process

A hit and run offense in Long Island can leave you with regrettable consequences. You don’t want to risk going through the defense process without a quality defense team. A seasoned criminal defense lawyer in New York can help you explore various defense mechanisms.

The criminal defense lawyers at the Mirsky Law Firm are ready to fight for your freedom. Despite the complexities of the laws regarding the hit and run offenses in New York, we have the experience and skills to counter the prosecution. Schedule a FREE consultation with us today!

In New York, a driver can face criminal charges even if they were not the liable party in the accident. The law requires all parties to an accident to remain at the scene to provide contact and personal information or call for help if people have been injured.

Sometimes, one might be forced to leave the scene for various reasons, and hit and run charges may be brought against them. The consequences are dire, but a Long Island criminal justice attorney can offer the aggressive defense that can save you from prison, fines, and all manner of repercussions.

How is Hit and Run Classified in New York?

The severity of your hit and run charges depends on the circumstances of the incident. A hit and run defense attorney in Long Island, NY, can listen to the facts of the accident and determine how you should be charged. Your lawyer will make sure that the prosecution does not charge you of a more serious crime than is prescribed in the hit and run statute.

Traffic Violation

Leaving the scene of an accident that only resulted in property damage is a traffic violation. You must have failed to leave behind your insurance information or report to the nearest police station.

Class B Misdemeanor

Failing to provide your details at an accident scene where victims sustained minor injuries is a misdemeanor.

Class E Felony

Leaving a scene where other parties to the accident sustained severe injuries is more serious and is considered a felony.

Class D Felony

If there were fatalities in that scene, the charges brought against you would be a Class D felony.

What are the Penalties for Hit and Run in Long Island?

Defendants should expect higher penalties if the injuries were serious or fatal. But if the injuries were minor or only caused property damage, the consequences might be relatively lower. Ensure that you retain a Long Island hit and run defense attorney that will ensure that your rights are protected and that no one misuses the law to put you down.

• Property Damage. The fines should not exceed $250, and the imprisonment should not be more than 15 days.
• Failure to Provide Information. Defendants might be required to part with a fine of between $250 and $500.
• Serious Injuries Accidents. You should not be imprisoned for more than four years, and the fines should be between $1,000 and $2,500.
• Accidents that Resulted in Death. The court can only impose a fine of between $1,000 and $2,500. The prison term should not exceed seven years.

Will I Lose my Driving Privileges After a Hit and Run Incident?

Leaving a scene where an accident victim sustained injuries can result in losing your driving rights for up to a year. Even if there are no injuries from the accident, a CDL driver loses their license automatically by simply leaving the scene.

Regardless of fault or lack of it, the incident can remain in your record for several years. For minor accidents, the record can be removed on the first day of year four. If it resulted in life-altering injuries or death, the records could stay for up to 10 years.

How can a Hit and Run Affect my Insurance Privileges?

Hit and run in New York gives you three points on your driving record. Your current vehicle insurance company might cancel you, and you might be forced to look for a new insurance company.

Notably, your insurance rates will have risen dramatically, and your only option will be to get coverage from a high-risk insurance company. These rates will remain high for several years, and you might struggle to get it back to where it used to be. You can prevent all this trouble by doing everything it takes to beat your hit and run charges.

What Happens if I was Intoxicated During the Hit and Run Incident?

In most hit and run incidents, the law enforcers will try to determine whether the driver that left the scene was intoxicated or not. If they find you quickly, they may conduct chemical tests or ask you to take the breathalyzer test to check your blood alcohol concentration.

The police can also interview witnesses at the scene to determine if your behavior implied drug or alcohol influence. They can also check surveillance videos for such behaviors. And if it is established that the driver was not sober, they can be charged with Driving While Ability Impaired (DWAI), aggravated DWI, or DWI.

Depending on the facts of the case, hit and run DWI can attract other charges. Additional charges may include vehicular manslaughter, vehicular assault, reckless endangerment, and other criminal charges. The charges can be even more severe if you are a repeat offender, but a Long Island hit and run defense attorney can ensure that you get the best outcomes possible.

Can a Defensive Driving Course Improve my Case’s Outcome?

New York offers defendants opportunities to redeem themselves from the severity of the hit and run charges. For instance, the severity of your penalties can reduce if you take up an online defensive driving course approved by the DMV. So, as soon as you are notified of a hit and run charge, consider beginning the online course.

The course will allow you to:

• Refresh your driving knowledge
• Learn techniques for lawful and safe driving
• Prevent the loss of your driving rights

The course is offered under the Point & Insurance Reduction Program (PIRP), and it allows you to subtract up to four points from your driving record upon completion. However, it does not negate your future points. Speaking to a DMV before taking the course ensures that you know exactly how it will benefit your case and your driving record.

Legal Guidance from an Experienced Defense Lawyer

There is a plethora of defenses against hit and run charges. And an experienced criminal defense attorney can examine your case and determine the most appropriate defense for your situation.

Take advantage of the 80 years combined experience of the Mirsky Law Firm to defend yourself. More options are usually available at the early stages of the case. So take action fast.
Schedule a FREE consultation with us today. Talk to us at 516-299-6187 or 718-412-8322.