Virginia Hit and Run Penalties
September 20, 2015 by Jean Humbrecht
Virginia hit and run penalties include jail, fines, DMV points, and driver’s license suspension or revocation. Both drivers and passengers can be convicted of a Virginia hit and run for failing to report any car accident resulting in property damage, injury or death.
This post lists the Virginia hit and run penalties for both drivers and passengers. For more general information on Virginia hit and run charges, click here. For more information on Virginia hit and run charges involving unattended property, click here. For more information on Virginia hit and run charges involving attended property, click here. For more information on Virginia hit and run charges resulting in injury or death, click here.
Virginia Hit and Run Penalties: Unattended Property
Virginia hit and run penalties involving unattended property vary depending on the extent of property damage and whether the person charged was the driver or a passenger. A driver convicted of a hit and run in Virginia involving unattended (or unoccupied) property or a passenger who fails to report such a hit and run can be charged with a misdemeanor hit and run.
Damage Less Than $250, Driver: If the hit and run resulted in less than $250 in property damage, the driver will be charged with a Class 4 misdemeanor (Va. Code §46.2-896; Va. Code §46.2-900). This offense is punished with a fine up to $250 and the DMV will automatically assess 3 DMV Demerit points to the offender’s Virginia driving record.
Damage More Than $250 but Less Than $500, Driver: If the hit and run resulted in more than $250 in property damage, the driver will be charged with a Class 1 misdemeanor (Va. Code §46.2-896, Va. Code §46.2-900). This offense is punished with up to 12 months in jail, a fine up to $2,500, and the DMV will add 3 DMV demerit points to the offender’s Virginia driving record.
Virginia Hit and Run Penalties Include Fines, Jail, DMV Points, and Driver’s License Suspension or Revocation
Damage More Than $500, Driver: If the hit and run resulted in more than $500 in property damage, the driver will again be charged with a Class 1 misdemeanor (Va. Code §46.2-896; Va. Code §46.2-900). However, in addition to a possible jail sentence and high fines, the offender’s driver’s license can be suspended for up to 6 months (Va. Code §46.2-901) and the DMV will add 4 demerit points to the offender’s record.
Passenger Liability: A passenger convicted of failing to report an accident (Va. Code §46.2-897; Va. Code §46.2-900) involving unattended property will be charged with a Class 4 misdemeanor if the property damage was less than $250. If the hit and run resulted in more than $250 in property damage, he will be charged with a Class 1 misdemeanor. This offense is punished with up to 12 months in jail and a fine up to $2,500. If the property damage exceeded $500, the passenger’s driver’s license can even be suspended for up to 6 months (Va. Code §46.2-901).
Virginia Hit and Run Penalties: Attended Property
If a driver leaves the scene of an accident resulting in damage to attended (or occupied) property, he can be charged with a misdemeanor or a felony. Virginia hit and run penalties for accidents involving occupied property depend on the amount of property damaged and whether the person charged with failing to report the accident was the driver or a passenger.
Damage Less Than $1,000, Driver: If the hit and run involving occupied property resulted in property damage less than $1,000 (Va. Code §46.2-894), the driver will be charged with a Class 1 misdemeanor. This offense is punished with up to 12 months in jail, a fine up to $2,500, and 4 DMV demerit points. If the property damage exceeded $500, the driver’s license can be suspended for up to 6 months (Va. Code §46.2-901).
Damage More Than $1,000, Driver: If the damage to the occupied property exceeded $1,000, the driver will 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, and the DMV will assess 6 demerit points. Additionally, the offender’s driver’s license will be revoked for one year (Va. Code §46.2-389).
Passenger Liability: A passenger convicted of failing to report an accident resulting in damage to occupied property (of any value) will be charged with a Class 1 misdemeanor and can be punished with up to 12 months in jail and a fine up to $2,500 (Va. Code §46.2-895; Va. Code §46.2-900). If the damage exceeded $500, his driver’s license can be suspended up to 6 months (Va. Code §46.2-901).
Virginia Hit and Run Penalties: Injury or Death
Virginia Hit and Run Penalties Increase if the Accident Resulted in Death or Injury
Virginia hit and run penalties resulting from an accident in which someone is killed or injured are very serious. Not only will the offender be a convicted felon for the rest of his life, but he faces up to 10 years in prison.
Hit and Run Involving Injury or Death, Driver: A driver convicted of a hit and run that resulted in injury or death will be convicted of a Class 5 felony. He faces up to 10 years in prison, a fine up to $2,500, and the DMV will assess 6 demerit points. Additionally, his driver’s license will be revoked for one year (Va. Code §46.2-389).
Passenger Liability: A passenger convicted of failing to report an accident resulting in injury or death will be convicted of a Class 6 Felony (Va. Code §46.2-895; Va. Code §46.2-900). This offense is punished with up to 5 years in prison and a fine up to $2,500. His driver’s license can also be suspended up to 6 months (Va. Code §46.2-389).
Virginia Hit and Run Penalties: Multiple Offenses
Virginia hit and run penalties increase if the offender has been previously convicted of a hit and run multiple times. If an offender is convicted a fourth time of either hit and run resulting in damage to occupied property exceeding $1,000, injury or death (Va. Code §46.2-894) or failing to report a hit and run as a passenger that resulted in more than $1,000 in damage to occupied property, injury or death (Va. Code §46.2-895), his driver’s license will be revoked for 5 years (Va. Code §46.2-394).
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