Hit and Run Charge in Fairfax

December 5, 2016 by Jean Humbrecht

A Hit and Run charge in Fairfax can result from failing to stop at the scene of an accident and exchange information with the other driver or property owner.  A Hit and Run charge in Fairfax is a crime and can be a misdemeanor or felony depending on the amount of property damage and whether someone was injured or killed.

Hit and Run charges in Fairfax result from accidents involving damage to unoccupied property, occupied property, and injury or death.  For more information on a Hit and Run charge in Fairfax involving unoccupied property, click here.  For more information on a Hit and Run charge in Fairfax resulting in damage to occupied property, click here.  For more information on a Hit and Run charge in Fairfax resulting in injury or death, click here.  For more general information on Hit and Run charges in Fairfax, click here.

Hit and Run Charge in Fairfax

Va. Code §46.2-894 requires a Virginia driver that is involved in an accident to stop as close to the scene as possible and exchange information with the other driver.  He must give the other driver his name, address, driver’s license number, and vehicle registration information.  If the accident involved unoccupied property, the driver must make a reasonable effort to locate the owner.  If the driver cannot locate the owner, he must leave a note with all of the required information, his contact information, and report the accident to the police within 24 hours.  Failure to follow these steps will result in a Fairfax Hit and Run charge.

Proof of Hit and Run Charge in Fairfax

A driver can be convicted of a Hit and Run charge in Fairfax if his vehicle made physical contact with another vehicle, person, or object, the driver knew (or should have known) that the contact resulted in property damage or injury, and the driver failed to stop and provide the required information.

Passenger Duty to Report Fairfax Hit and Run
hit and run charge in Fairfax

A Hit and Run Charge in Fairfax is a Serious Offense

Passengers over 16 years old involved in a Fairfax Hit and Run must report the accident if the driver fails to do so.  If a passenger knows that a driver did not report an accident in Fairfax and does not report it himself, he can be charged with a Fairfax Hit and Run under Va. Code §46.2-895 (accident involving damage to occupied property, injury or death) or Va. Code §46.2-897 (accident involving damage to unoccupied property).  If the accident resulted only in property damage, the charge is a misdemeanor.  If the Hit and Run resulted in injury or death, the passenger will be charged with a felony.

Penalties for a Hit and Run Charge in Fairfax

A Hit and Run charge in Fairfax is punished with jail, fines, driver’s license suspension or revocation, and automatic DMV demerit points.

Penalties for Driver Convicted of Hit and Run Charge in Fairfax
  • Unoccupied Property (Damage Less than $250): This charge is a Class 4 misdemeanor, punished with a fine up to $250 and 3 DMV demerit points.
  • Unoccupied Property (Damage More than $250 but less Than $500): This offense is a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2,500, and 3 DMV demerit points.
  • Unoccupied Property (Damage More than $500): This charge is a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2,500, driver’s license suspension for up to 6 months, and 4 DMV demerit points.
  • Occupied Property (Damage Less than $1,000): This offense is a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2,500, 4 DMV demerit points and, if the property damage exceeded $500, driver’s license suspension up to 6 months.
  • Occupied Property (Damage More than $1,000): A Hit and Run charge in Fairfax involving occupied property that results in more than $1,000 in damage is a Class 5 felony, punished with up to 10 years in prison, a fine up to $2,500, automatic driver’s license revocation for one year, and 6 DMV demerit points.
  • Injury or Death: A Hit and Run charge in Fairfax resulting in injury or death is a Class 5 felony, punished with up to 10 years in prison, a fine up to $2,500, driver’s license revocation for one year, and 6 DMV demerit points.
Penalties for Passenger in Vehicle Convicted of Hit and Run Charge in Fairfax
  • Unoccupied Property (Damage Less Than $250): A passenger who fails to report a Hit and Run in Fairfax resulting in less than $250 in damage to unoccupied property has committed a Class 4 misdemeanor, punished with a fine up to $250.
  • Unoccupied Property (Damage More Than $250) or Occupied Property: This offense is a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2,500, and if the property damage exceeded $500, driver’s license suspension for up to 6 months.
  • Injury or Death: A passenger convicted of a Hit and Run charge in Fairfax resulting in injury or death has committed a Class 6 felony, punished with up to 5 years in prison, a fine up to $2,500, and automatic driver’s license revocation for one year.

 

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