Charged with hit and run or leaving the scene in South Texas? Even minor property damage over $200 is a Class B misdemeanor. Attorney Phillip Goff has decades of criminal defense experience.
“Hit and run” conjures thoughts of mangled bodies and extremely serious crashes. Everyone knows that's a serious crime. What fewer people know is that leaving the scene of an accident can land you in jail, even when no one has been harmed.
Hit and run has several close criminal cousins: “Duty on Striking Unattended Vehicle,” “Collision Involving Damage,” and “Duty on Striking Structure, Fixture, or Highway Landscaping.” Many people learn the hard way that these are crimes only after they are arrested.
A “ding and run” resulting in as little as $200 in damage is all it takes to be charged with a crime equal to a first-time DWI. That's punishable as a Class B misdemeanor, which carries a jail sentence of up to 180 days and a fine of up to $2,000.
Considering the cost of auto repairs, the slightest scratch could easily exceed $200—and inflation only makes it worse. Cars colliding with almost anything near a roadway can cause that much damage. Leaving the scene of even the slightest ding is a risky proposition.
Drivers have multiple affirmative duties when an accident occurs under Texas Transportation Code, Chapter 550. Failure to take appropriate action could lead to arrest.
A driver who has any collision, even a slight one, is required to stop immediately at the scene or as close as possible without obstructing traffic more than necessary. If the driver is unable to stop immediately at the scene, the driver must return to the scene immediately and comply with legal communication requirements.
Further duties include providing certain information and producing a driver license.
When a driver strikes an unattended vehicle, the event triggers special obligations. The same applies to many kinds of non-vehicular property. The driver must:
Alternatively, a driver may leave the same information in writing, attached conspicuously to the unattended vehicle, along with an explanation of the circumstances.
Whenever a person leaves the scene of a collision, speculation about the reason may run rampant: the driver was drunk, wanted for other crimes, had no valid driver license, was an undocumented immigrant, a probationer at the wrong place or time, uninsured, or fleeing another crime.
But a driver may have a perfectly reasonable, sympathetic explanation for not stopping. Perhaps the driver didn't even know damage occurred. A driver may have been unable to think clearly because of a concussion caused by an airbag deployment or other injury or shock.
Regardless of the reason, if you find yourself in this type of situation, it's best to seek legal help immediately.
Talking to police is not in your best interest, especially when they suspect you. By then, you can count on not getting the benefit of the doubt. Investigators may be at a disadvantage you don't know about. Police may not even know who was driving, and they may be hoping you'll hand them proof they don't have.
Even a traffic ticket conviction for a hit and run under $200 creates a permanent mark on your driving record. It could cost you higher insurance premiums for years.
| Offense | Classification | Max Jail | Max Fine |
|---|---|---|---|
| Property damage $200+ | Class B Misdemeanor | 180 days | $2,000 |
| Property damage under $200 | Class C Misdemeanor | None | $500 |
| Injury involved | Up to 3rd Degree Felony | Up to 10 years | $10,000 |
Source: Texas Transportation Code, Chapter 550
If you or a loved one are facing hit and run charges—even for minor property damage—getting legal help as soon as possible is essential. Contact Attorney Phillip W. Goff, who has decades of experience helping people in situations like yours.
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