LEAVING THE SCENE OF AN ACCIDENT

CAN I LEAVE THE SCENE OF A SINGLE CAR ACCIDENT?

No. If you are operating a motor vehicle and have an accident in the State of Missouri you are required to contact law enforcement and provide certain information. Failing to do so can cause you to receive serious criminal and civil penalties.

According to Missouri Statute 577.060, a person commits the offense of leaving the scene of an accident, also known as hit and run, when the following occurs:

Being the operator of a vehicle or a vessel involved in an accident resulting in injury or death or damage to property of another person; and
Knowing such accident he or she leaves the place of the injury, damage or accident without stopping and giving the following information to the other party or a law enforcement officer, or if no law enforcement officer is in the vicinity, then to the nearest law enforcement agency:

a. His or her name;
b. His or her residence, including city and street number;
c. The registration or license number for his or her vehicle or vessel; and
d. His or her operator’s license number, if any.

A hit and run charge could be a class A misdemeanor, or a class E or D felony. The range of punishment is from a fine to years of incarceration.

CLASS A MISDEMEANOR

The offense of leaving the scene of an accident is a class A misdemeanor if the damage is not more than one thousand dollars ($1000.00). The penalty for a class A misdemeanor is up to one (1) year in jail or a fine up to $2,000, or a combination of the two.

CLASS E FELONY

Leaving the scene of an accident is classified as an E felony if:

- Physical injury was caused to another party; or
- Damage in excess of one thousand dollars was caused to the property of another person; or
- The defendant has previously been found guilty of any offense in violation of this section; or committed in another jurisdiction which, if committed in this state, would be a violation of an offense of this section.

If convicted of the Class E Felony of Leaving the Scene of an Accident, you could be sentenced to serve up to four (4) years in prison and be ordered to pay a fine of up to ten thousand dollars ($10,000.00) or twice the amount of financial gain to the offender.

CLASS D FELONY

You will be charged with a Class D felony if a death has occurred as a result of the accident. The penalty for a class D felony is up to seven (7) years in prison, or one (1) year in jail. You may also be ordered to pay a fine of up to ten thousand dollars ($10,000.00) or twice the amount of financial gain to the offender.

HOW MANY POINTS WILL BE ON YOUR LICENSE FOR LEAVING THE SCENE OF AN ACCIDENT?

A conviction for leaving the scene of an accident will cause you to have points against your driver’s license. If you accumulate a certain amount of points within a set number of months, your license could be suspended. For example, if you receive twelve (12) points against your driver’s license within twelve (12) months your driver’s license will be revoked for one (1) year and your driver’s license will be suspended for thirty (30) days if you accumulate eight (8) points within eighteen (18) months if it is a first-time suspension.

If you are convicted of Leaving the scene of an accident per the above-mentioned statute (577.060), you will have twelve (12) points assessed against your driver’s license AND you will not be eligible for a hardship license.
If the charge is a violation of any county or municipal ordinance, six (6) points will be assessed; however, in this case, you will be eligible for a hardship license.

HOW TO BEAT A LEAVING THE SCENE OF AN ACCIDENT TICKET?

Often it’s not a matter of “beating” a hit and run charge, but whether it can be reduced to a non-point violation. Even if you are forced to plead guilty, that doesn’t mean you will receive a conviction. Some of the factors that determine the outcome of your case are:

Did your insurance company cover the damages?
Was anyone injured?
Do you have any prior criminal convictions?
Do you have a CDL?
What is your age?
Are you in school?
What were the road conditions?
What were the weather conditions?
Will a conviction cause you to lose your employment?
Did you cooperate with law enforcement?
Where you consuming drugs and/or alcohol?
Did you voluntarily turn yourself into the police?
Do you have a clean driving record?

You will likely receive a suspended imposition of sentence (SIS) for your leaving the scene of an accident first offense in Missouri. This means that you will be placed on up to two (2) years of probation, and, if you complete the probation, you will not have the conviction on your record. Probation can be bench probation or supervised probation. There are fees for supervised probation and certain conditions you must follow.

SIS PROBATION

Probation conditions typically include the following:

Undergo a substance abuse evaluation, and complete all follow-up recommendations as directed by the probation officer and/or treatment provider
Complete SATOP and attend VIP
Not consume intoxicants, illegal drugs, nor enter any establishment where intoxicants are the major item for sale
Consent to blood, breath, urine or hair follicle tests as requested for probation supervisor or any law enforcement officer, and pay for the same
Consent to a search of the defendant’s dwelling, motor vehicle or person upon the request of any probation or any law enforcement officer
Recoupment fees
Community service
Shock jail time

Usually, you will report to a probation officer every month so he or she can follow-up on the status of your probation conditions and provide you with services to assist you. If you are not reporting to the probation officer as directed, receive new criminal charges, or test positive for drugs and/or alcohol, the probation officer will submit a probation violation report. The prosecuting attorney can then file a motion to revoke your probation.

SUSPENDED EXECUTION OF SENTENCE (SES)

In some cases, you might receive a suspended execution of sentence (SES). Some of the typical reasons for an SES are because of evidence that alcohol may have been involved, or prior criminal convictions. The difference between the SIS and SES is that with the SES you will have a conviction. The probation terms are typically the same; however, you will have a jail sentence that has been suspended, pending successful completion of probation. Thus, should you fail to complete the probation; you would likely be sentenced to that jail term.

CONCLUSION

In conclusion, you can not leave the scene of a single-car accident if you are operating a motor vehicle and have an accident that causes injury, death, or damage property of another person. The penalties for leaving the scene of an accident are dependent upon the amount of damage caused by the accident and can range from fines, probation, and incarceration. Contact an attorney that is experienced in handling these types of cases. Call Bond Law Firm, LLC at (573)769-6155 for a free case evaluation.