New York City Hit & Run Defense Lawyer

Leaving the Scene of an Incident Without Reporting

Being involved in an auto accident can be a terrifying experience, especially if you were the one who caused the crash. At Gannes & Musico, LLP, an experienced New York City hit & run defense lawyer understands that due to the high levels of fear, anxiety, and stress involved in such cases, it is often very tempting to drive away from the scene of an accident instead of stopping and waiting for the police to arrive.

Any time there is an accident, each motorist is required to provide the following information to all other parties involved and/or to the police officer who arrives on the scene:

• Driver’s license
• Resident address
• Insurance I.D. card
• Insurance provider and policy information

Under New York Vehicle and Traffic Law §600, a driver who knows or has reason to know that an incident caused property damage must stop and provide identifying and insurance information, or report the incident to the nearest police station or judicial officer if the other party is absent. For incidents involving personal injury, the statute requires stopping, exchanging required information when practical, and reporting to law enforcement as soon as physically possible if no officer is present. Whether the allegation involves property damage, personal injury, serious physical injury, or death determines how the offense is classified and what penalties apply.

Penalties for Leaving the Scene in New York

Failure to provide the proper information before leaving the scene of the incident can result in differing penalties, depending on the type of damage and/or injury caused in the accident.

Property Damage: NY VTL § 600(1)

In cases where the damage was solely to property, leaving the scene without providing all necessary information is classified as a traffic infraction and can result in a fine of up to $250, up to 15 days in jail, or both.

Personal Injury: NY VTL § 600(2)

When personal injury is involved, the penalties vary based on the specific conduct alleged. A violation based solely on failure to display a license or insurance card or exchange required information is a class B misdemeanor, carrying a fine between $250 and $500. A subsequent violation of that kind is a class A misdemeanor with a fine between $500 and $1,000. Other personal-injury violations under VTL §600 may also be charged as class A misdemeanors. If serious physical injury was involved, the offense can be elevated to a class E felony; if the incident resulted in death, a class D felony may apply.

Defending a Leaving-the-Scene Allegation in New York City

A leaving-the-scene allegation under VTL §600 can involve separate traffic, criminal, insurance, and license-related issues depending on the facts. How the case is handled and which court or agency has jurisdiction depends on whether the matter is charged as a non-criminal traffic infraction or as a criminal offense involving injury or other aggravating circumstances. The Traffic Violations Bureau handles non-criminal moving violations in the five boroughs, while criminal allegations under VTL §600 follow a different procedural path entirely.

A case review can assess the full picture: the circumstances of the incident, whether the driver knew or had reason to know that damage or injury occurred, what information was exchanged or reported, and what evidence supports the charge. Potential evidence in these matters can include accident reports, vehicle damage, photographs, witness accounts, surveillance footage, and statements attributed to the driver. A defense analysis may also need to address whether the driver caused the collision separately from whether the statutory duties following the collision were satisfied, since those are distinct questions under the statute.

At Gannes & Musico, LLP, we handle traffic violations and criminal traffic offenses throughout New York City, with extensive experience in the Traffic Violations Bureau and OATH hearings. Our attorneys also defend reckless driving, alcohol-related offenses, suspended-license matters, and other charges that can arise alongside a leaving-the-scene allegation. Our team handles between 75 and 150 cases each day.

Call Gannes & Musico, LLP for a Free Case Review

Accused of leaving the scene of an accident in New York? Fight your charges today with assistance from Gannes & Musico, LLP with more than 30 years of aggregate experience in New York traffic ticket defense, our legal team could provide the vigorous defense that you need in order to fight your citation.

As a graduate of the Geoffrey Fieger Trial Practice Institute, a rigorous and comprehensive trial practice training program, Attorney Margo Gannes has the knowledge and skill to defend you. Also, Attorney Philip Musico has handled thousands of cases.

With our legal team on your side, you can find peace of mind knowing that a skilled and competent attorney is fighting on your side. Our firm offers free initial consultations, so don’t wait!

Need a hit and run defense lawyer in NYC? Reach out for a free consultation by calling (877) 803-2603 today!