DWI/DUI

In order to convict a person for failing to remain at the scene of an accident involving injury or death, the state must prove each element of the offense beyond a reasonable doubt.

The driver of a vehicle involved in an accident that results in injury or death must immediately stop their vehicle at the scene of the accident, immediately return to the scene if the vehicle did not stop there, determine if anyone was injured or requires medical treatment, and remain at the scene until they have complied with the requirements for providing information and aid.

The driver must also provide their name and address, vehicle registration number, the name of the driver’s liability insurance carrier, the driver’s license, and reasonable assistance in obtaining medical care for any person injured in the accident.

This offense is commonly referred to by different names, but all are effectively the same offense.

Common names include fleeing the scene of an accident, failure to stop and render aid, leaving the scene of an accident, hit-and-run, and failure to remain at the scene of an accident.

The penalties for failing to remain at the scene, fleeing the scene of an accident, or hit-and-run can be severe. It takes an otherwise unintentional injury accident and exposes the suspect to potential prison time.

If the accident resulted in the death of another person, then the offense is a second-degree felony resulting in up to 20 years in prison. If the accident resulted in serious bodily injury to another person, then the offense is a third-degree felony which can lead to up to 10 years in prison. An accident resulting in even minor injury can be punished by up to five years in prison in the Texas Department of Criminal Justice.

The ranges of punishment for failing to remain at the scene of an injury accident in Texas depend on the extent of the injuries involved.

Death of a person is a second-degree felony punishable by 2 to 20 years in prison. Serious bodily injury is a third-degree felony punishable by 2 to 10 years in prison. Any other injury can still be charged as a felony punishable by up to 5 years in prison.

The first two offenses also carry the possibility of a fine of up to $10,000, and the lesser offense can carry a fine of up to $5,000.

Common defenses or mitigating factors in cases of failing to remain at the scene of an accident include insufficient evidence of the identity of the driver, lack of awareness that an accident occurred, lack of proof that the client’s actions contributed to the accident, insufficient evidence of serious bodily injury, insufficient evidence that any actual injury occurred, or evidence that the client attempted to provide information and comply with the statute.

Your case may involve one or more of these issues or something entirely different. We will work with you to develop the most effective defense in your case and hold the State to its burden of proof.

If you decide to hire us to defend you in your hit-and-run case, we want to get you the best outcome we can get. Your case may be one that is appropriate for dismissal or possibly reduction to a lesser offense.

While every case is different, we have achieved these types of results for many clients in the past. We will work with you to identify the weaknesses in the State’s case in order to put you in the best position for a successful outcome.