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Hit and Run Charges in Virginia
October 7, 2017 by Jean Humbrecht
A Hit and Run in Virginia is also known as Failure to Report an Accident. Both drivers and passengers have a duty under Virginia law to make sure that an accident was properly reported. Failure to report an accident by either a driver or passenger can result in Hit and Run charges in Virginia. For more information on Hit and Run charges in Virginia, read the post below.
What Are Hit and Run Charges in Virginia?
Hit and Run charges in Virginia need to be taken seriously. Hit and Run charges in Virginia are punished with jail (or prison), fines, DMV points, and driver’s license suspension or revocation. Most importantly, a Virginia Hit and Run is a crime and a conviction can never be expunged from the offender’s permanent criminal record.
Hit and Run Charges in Virginia Result from Failing to Report an Accident
Virginia law requires any driver involved in a car accident, no matter how minor, to provide to the other driver or property owner his name, address, driver’s license number, and vehicle registration number. If the driver cannot locate the other property owner, he must leave a note in a conspicuous place with this information, in addition to his contact information, the date, time, and location of the accident, and a description of the property damage, as well as report the accident to the police within 24 hours. If someone is injured as a result of the accident, the driver has a duty to render aid to that person if it appears necessary or the person requests such aid.
Hit and Run Charges in Virginia Involving Property Damage
A Hit and Run charge in Virginia involving damage to unoccupied property is a misdemeanor. If the damage was less than $250, the offense is a Class 4 misdemeanor (Va. Code §46.2-896). The offender can be fined up to $250 and the DMV will assess 3 demerit points to his Virginia driving record.
If the offense resulted in more than $250 in property damage (Va. Code §46.2-896), it is a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2,500, and 3 DMV demerit points. If the damage exceeded $500, the driver’s license can be suspended up to 6 months and the DMV will assess 4 demerit points.
If the Hit and Run involved occupied property, the offense can be a misdemeanor or a felony (Va. Code §46.2-894). If the damage was less than $1,000, the offense is a Class 1 misdemeanor. This offense is punished with up to 12 months in jail, a fine up to $2,500, and 4 DMV points. There is an additional penalty of driver’s license suspension for up to 6 months if the accident resulted in more than $500 in property damage. If the property damage was more than $1,000, the offense is a Class 5 felony, punished with up to 10 years in prison, a fine up to $2,500, 6 DMV demerit points, and the offender’s driver’s license will be revoked for one year.
For more information on Hit and Run charges in Virginia involving unoccupied property, click here.
For more information on Hit and Run charges in Virginia involving occupied property, click here.
Hit and Run Charges in Virginia Resulting in Injury or Death
If someone died as a result of the accident forming the basis for the Hit and Run, the offender will also be charged with a Class 5 felony (Va. Code §46.2-894). This offense is punished with up to 10 years in prison, a fine up to $2,500, 6 DMV demerit points, and driver’s license revocation for one year.
For more information on Hit and Run charges in Virginia resulting in injury or death, click here.
Hit and Run Charges in Virginia Involving Passengers
A passenger in a vehicle involved in accident has a duty to report that accident within 24 hours if he knows the driver did not make the required report. If a passenger fails to report the accident within 24 hours, he will be charged with a Hit and Run. If the accident resulted in less than $250 in damage to unoccupied property, he will be charged with a Class 4 misdemeanor (Va. Code §46.2-897). This offense is punished with a fine up to $250. If the accident resulted in more than $250 in damage to unoccupied property, or any damage to occupied property, the offense is a Class 1 misdemeanor (Va. Code §46.2-895, Va. Code §46.2-897), punished with up to 12 months in jail and a fine up to $2,500. There is an additional penalty of driver’s license suspension for up to 6 months if the property damage exceeded $500. If the accident resulted in injury or death, the passenger will be charged with a Class 6 felony for failing to report the accident (Va. Code §46.2-895). This offense is punished with up to 5 years in prison, a fine up to $2,500, and driver’s license revocation for one year.
For more information on Hit and Run charges in Virginia involving a passenger’s failure to report, click here.