Leaving the Scene of a Property Damage Accident - Tulsa Trial Attorneys
Time is of the Essence When Picking the Best Tulsa Criminal Defense Attorney:
First and foremost, call us right away at 918-884-7791. Depending on your circumstance and your charges, you may have a specific time to respond. Whenever there is an arrest, time is of the essence. Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member. With a DUI there are four key issues that are effected by waiting;
IF YOU HAVE BEEN FALSELY ACCUSED OF DRINKING WE NEED TO HAVE YOU TAKE AN ETG TEST AS SOON AS POSSIBLE,
YOU ONLY HAVE 15 DAYS TO CHALLENGE THE SUSPENSION OF YOUR LICENSE,
EARLY SUBPOENAING OF DASH CAM VIDEO AND CHEMICAL BREATH TESTING SERVICE LOGS MAKES FOR A QUICKER RESOLUTION,
DEPENDING ON YOUR IMMIGRATION STATUS RECEIVING A REASONABLE BOND FROM THE STATE MAY MAKE ALL THE DIFFERENCE BETWEEN SITTING IN JAIL OR AT HOME AWAITING RESOLUTION OF YOUR CASE.
Accidents happen and the circumstances can vary greatly. In some cases it might just be human error with no criminal intent, in which case a person might be civilly liable for the damage, but they won’t be on the hook for any criminal malfeasance. That being said, even if the damage was not caused in a criminal manner, if you choose to leave the scene of an accident without exchanging information with the owner of the property you have committed a crime.
The stakes get higher if the accident was the result or consequence of criminal behavior. For instance, if you were drinking and driving and caused an accident or property damage, then you will automatically be criminally liable for the damaging the property and paying restitution will likely be a part of your plea bargain or sentence. However, even if you pay restitution you can still be civilly liable. Restitution is calculated based on the monetary value of the property, but the owner could still sue you based on the pain, suffering, or inconvenience caused by the loss.
Leaving the scene of the accident in such a situation would increase your criminal liability and result in an additional charge which carries its own elements and range of punishment.
What does the law say?
Title 47 Section 10-103
The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of Section 47-10-104 of this title. Every such stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or comply with said requirements under such circumstances shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment. In addition to the criminal penalties imposed by this section, any person violating the provisions of this section shall be subject to liability for damages in an amount equal to three times the value of the damage caused by the accident. Said damages shall be recoverable in a civil action. Nothing in this section shall prevent a judge from ordering restitution for any damage caused by a driver involved in an accident provided for in this section.
What can I do?
Let us fight for you and defend your rights. If you have been accused of leaving the scene of a property damage accident call us so that we can get to work on your case.
CALL OUR EXPERIENCEd ATTORNEYS AT 918-884-7791
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