The offense of “leaving after colliding” (LAC)—more colloquially known by law enforcement as “hit and run”—is a severe offense in the District of Columbia. A conviction for this offense can lead to the revocation of your license, a fine, and even jail time.
Due to the strict nature of the Washington DC hit-and-run laws, you may not even be aware that you committed LAC until an attorney or the metropolitan police report department contacts you regarding an incident. Therefore, if you are contacted by an insurance company about involvement with a LAC or hit and run accident, it is essential to immediately stop, identify and consult a knowledgeable DC Hit and Run lawyer. Hence, you know your options and how to move forward.
Per DC Code §50–2201.05c, there are two types of LAC offenses in Washington, DC:
LAC Involving Damage Only to Property or a Domestic Animal
The first type—damage only to property such as a vehicle or a pet—is the less serious. In this case, the law dictates that you must provide identifying information to the property owner or pet owner. If the owner is not present, you need to provide identifying information to the police and report the location of the scene of the collision. You also need to make a report to the police if the scene or aftermath of the car accident poses a risk to others, such as debris blocking off a road and making it hard to drive.
LAC Involving Injury to a Person
The second type—injury to a person—requires you to call 911 and emergency assistance if necessary. You also need to remain on the car accident scene until the police arrive and provide identifying information to both the police and the injured person, even if there is no need to call for emergency assistance. Mistakes tend to occur in these situations. Even if you gave your identifying information to the driver or other party involved in the collision, leaving the accident scene before the police come will still get you hit with a LAC charge.
In such cases, it is also important to remember that an “injury to a person” does not have to involve a significant or even apparent injury. For example, suppose the other party to the collision claims to “feel bad” or has a slight headache due to a crash. In that case, that degree of injury is enough to make leave the scene before the police come at a LAC involving damage to a person.
LAC Involving Damage Only to Property or a Pet
If you are convicted of LAC involving a vehicle accident with only damage to property or a pet, you will either be fined up to $250, imprisoned for not more than 30 days, or both. A second and subsequent conviction for the offense involves fines up to $500, a maximum penalty of 90 days of jail time, or both.
A conviction of this offense will cause the DMV to add 8 points to your driver’s license. In addition, this can result in the suspension of your license for 90 days if you end up with 10-11 points in total or complete revocation of your license if you end up with 12 points or more.
LAC Involving Injury to a Person
If you are convicted of LAC involving injury to a person in Washington DC, you will either be fined up to $1,000, imprisoned for not more than 180 days in jail, or both. A second and subsequent conviction for the offense involves fines up to $2,500, 1 year in jail, or both.
A conviction of this offense will cause the DMV to add 12 points to your driver’s license, resulting in your license’s immediate revocation.
There are several defenses against the hit and run driver and criminal charges in Washington, DC.
Sometimes, a collision is an accident so minor that you were honestly unaware that a crash happened in the first place. That can be a defense since the prosecutor has to prove that you knew or had reason to believe you were involved in a collision.
If you suspect the driver or other party in the collision scene acted aggressively and caused you to leave the accident scene out of legitimate fear for your safety, that can be another defense to a hit-and-run charge.
The specifics necessary for these and other defenses to hold up require professional analysis of the law and the circumstances combined with an aggressive defense by an experienced DC Hit and Run Lawyer, so it is essential to talk with a lawyer immediately if you face hit-run charges in DC.
It is especially vital to contact and consult with a DC Hit and Run Lawyer if the Washington D.C. law enforcement officers contact you about a hit and run. Often, they will call or send a letter asking you to come down to the station for an interview. It might seem like a relatively benign request, but what the police are trying to do is get you to admit that you were the driver of the vehicle involved in that accident so they can file an arrest warrant.
It is important to remember that you have a Fifth Amendment right against self-incrimination. Therefore, the only response to the police when they ask you to talk to them about a hit and run should be, “I will be contacting my attorney or a lawyer.” The accomplished Washington DC Hit and Run Lawyers at Ervin Kibria Law are always ready to provide emotional assistance and accurate legal advice for those facing criminal charges for LAC or a hit and run accident in the District of Columbia.
Contact us at the Ervin Kirbia Law Firm for a free consultation today to explore your options.