PC §726 - FLEEING THE SCENE OF AN ACCIDENT

CLASS E MISDEMEANOR

(a) Definition

Fleeing the scene of an accident is the act of leaving the location of a motor vehicle collision without stopping to provide necessary information or assistance as required by law.

(b) Elements of the Offense

The following elements must be met to constitute a charge of fleeing the scene of an accident:

  1. The defendant was involved in a motor vehicle collision on a public roadway.

  2. The defendant knew or should have known that an accident occurred.

  3. The defendant failed to stop their vehicle at the scene of the accident and provide necessary information or assistance as required by law.

Duties at the Scene of an Accident

(a) Duties at the scene of an accident may include, but are not limited to, the following obligations for drivers involved in collisions:

  1. Stopping their vehicle immediately at the scene of the accident.

  2. Providing their name, address, vehicle registration number, and insurance information to the other parties involved.

  3. Rendering reasonable assistance to any injured persons, including calling emergency services if necessary.

  4. Waiting for law enforcement officers to arrive and file a report, if required by law.

Prohibited Conduct

(a) Prohibited conduct may include, but is not limited to, the following actions by drivers involved in accidents:

  1. Failing to stop their vehicle at the scene of the accident.

  2. Leaving the scene of the accident without providing necessary information or assistance.

  3. Attempting to conceal or disguise their involvement in the collision.

(c) Defenses

  • (a) It shall be a defense to a charge of fleeing the scene of an accident if the defendant can prove that they were not aware that an accident occurred or if they can demonstrate that they were physically or mentally unable to stop their vehicle or provide assistance.

  • (b) Lack of evidence of fleeing the scene of an accident, such as errors in law enforcement investigations or witness testimonies, may also serve as defenses if proven by the defendant.

(d) Aggravating Factors

  • Aggravating factors such as causing injuries, fatalities, or extensive property damage in the accident, driving under the influence of alcohol or drugs, or prior convictions for similar offenses may result in enhanced penalties or additional charges as determined by the court.

Penalties

Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:

JAIL TIME

20 SECONDS OF JAIL TIME.

BOND SET

$2,000.00

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