Leaving the Scene of an Injury Accident - Tulsa Trial Attorneys

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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;

  1. IF YOU HAVE BEEN FALSELY ACCUSED OF DRINKING WE NEED TO HAVE YOU TAKE AN ETG TEST AS SOON AS POSSIBLE,

  2. YOU ONLY HAVE 15 DAYS TO CHALLENGE THE SUSPENSION OF YOUR LICENSE,

  3. EARLY SUBPOENAING OF DASH CAM VIDEO AND CHEMICAL BREATH TESTING SERVICE LOGS MAKES FOR A QUICKER RESOLUTION,

  4. 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…

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 an injury was not caused in a criminal manner, if you choose to leave the scene of the accident without ensuring that the injured person receives proper attention and exchange information, then 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 that results in the injury or death of another person, then you will automatically be criminally liable and likely owe the person restitution. However, even if you pay restitution you can still be civilly liable. Restitution is calculated based on the costs associated with the medical care or funeral expenses, but the injured party, or their family, could still sue you based on the pain, suffering, or inconvenience caused by the incident.

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 10-102 (Failure to stop for non-fatality injury accident)

A. The driver of any vehicle involved in an accident resulting in a nonfatal injury to any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 10-104 of this title. Every such stop shall be made without obstructing traffic more than is necessary.

B. Any person willfully, maliciously, or feloniously failing to stop to avoid detection or prosecution or to comply with said requirements under such circumstances, shall upon conviction be guilty of a felony punishable by imprisonment for not less than ten (10) days nor more than two (2) years, or by a fine of not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

C. The Commissioner of Public Safety shall revoke the license or permit to drive and any nonresident operating privilege of the person so convicted.

Title 47 Section 10-102.1 (Failure to stop for fatality accident)

A. The driver of any vehicle involved in an accident resulting in the death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 10-104 of this title. Every such stop shall be made without obstructing traffic more than is necessary.

B. Any person willfully, maliciously, or feloniously failing to stop to avoid detection or prosecution, or to comply with said requirements under such circumstances, shall upon conviction be guilty of a felony punishable by imprisonment for not less than one (1) year nor more than ten (10) years, or by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.

C. The Commissioner of Public Safety shall revoke the license or permit to drive and any nonresident operating privilege of the person so convicted.

What can I do?

Let us fight for you and defend your rights. If you have been accused of leaving the scene of an injury or fatality 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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