How To Beat A Leaving The Scene Of An Accident Ticket (2025)

What Constitutes Leaving the Scene of an Accident?

Drivers involved in car accidents are expected to stay on the scene while they wait for police and emergency medical personnel. If someone crashes into another vehicle and drives off, they may be ticketed for leaving the scene.

However, police don’t consider crashes between two moving vehicles to be the only type of car accident. You are also generally required to stop if you are involved in accidents like these:

• A collision with a pedestrian or cyclist
• Bumping into a car in a parking lot
• Sideswiping a parked car
• Hitting a fence or mailbox

It’s a common misconception that only the at-fault driver can be ticketed for leaving the scene of an accident or charged with a hit and run. In truth, you can be charged with a hit and run or ticketed for leaving the scene of the accident, even if you're the victim.

Will You Get Caught if You Leave the Scene and Don’t Report the Accident?

If you cause an accident, it might be tempting to just drive away, especially if the accident caused no injuries or you struck a parked car. You might be afraid of increasing insurance rates, fines or license suspension.

However, leaving the scene without reporting isn’t a good idea, and not just because reporting the accident is the right thing to do. Even if you think there’s no one around, there’s a very good chance that there’s a witness or camera you simply didn’t see.

One or more of the following may have captured the crash:

• A CCTV or traffic camera
• A business surveillance camera
• A doorbell camera or surveillance camera at someone’s home
• Dashcams of vehicles driving by
• A witness

A quick-thinking witness might be able to take out a cell phone and snap a picture or take a video. Even if you have a change of heart after fleeing the scene and decide you want to report, it’s possible that the witness might reach out to police first.

Many people who flee the scene of the accident do so because they want to avoid consequences. But the bottom line is that you’re likely to get caught if you flee, and if you do, you may face more serious consequences.

What Are the Penalties for Leaving the Scene of an Accident?

The penalties for leaving the scene can vary considerably, depending on your state and the circumstances of the crash. However, they may include one or more of the following:

• Fines
• Driver’s license suspension
• Time in jail or prison if you’re convicted of a felony
• Points added to your license if your state uses a point system

Generally, the more serious the accident, the more severe the penalties for leaving the scene become. Leaving the scene after slightly bumping a parked car might result in a traffic ticket or possibly a misdemeanor charge. But if you flee an accident involving major injuries or death, you might be charged with a felony.

How Long Does a Leaving the Scene Conviction Stay on Your Record?

If you’ve been convicted of a hit and run, you might understandably want to know how long it will be before the accident comes off your record. The answer depends on your state’s laws, as well as on what you mean by “record.”

For insurance purposes, most car insurance companies look at the last three to five years of your driving history. This means that the accident likely won’t impact your insurance rates after three to five years have passed.

Some states maintain lifetime driving records, though, while others only keep data for several years. If you aren’t sure of how long your state retains data, contact your state’s Department of Motor Vehicles (DMV) to ask.

How to Fight a Leaving the Scene of an Accident Ticket

If you’re not sure how to beat a leaving the scene of an accident ticket, hiring a hit and run lawyer can be the best place to start. The exact defenses your lawyer will use depends on your jurisdiction and your circumstances, but these are some possible options:

• You were not aware of the accident
• You stopped and left your contact information before leaving
• There was so little property damage that the accident wasn’t required to be reported
• Witnesses confused you with someone else, and you weren’t involved at all

In some instances, your lawyer may be able to argue to have the ticket dismissed. They might also be able to convince a judge to allow you to plead to a lesser offense, like failure to report an accident.

How a Lawyer Can Help You With Your Case

As is the case with any other crime, you have the option to proceed pro se, or represent yourself. However, an attorney will know what defense is likely to be successful in your case. Because they are familiar with the local court system, a lawyer might also be able to negotiate a lesser charge with the court.

Having a lawyer on your side gives you your best chance to achieve a positive outcome in your case.

State-Specific Laws on Leaving the Scene of an Accident

Drivers involved in auto accidents are legally obligated to stay on the scene. Each state’s laws are slightly different, though. Here are a few examples of these state laws:

Florida

In Florida, leaving the scene of an accident that involved an injury is a third-degree felony, and leaving the scene of a fatal crash is a first-degree felony. In contrast, fleeing the scene of an accident involving only vehicle or property damage is a second-degree misdemeanor.

New Hampshire

It is a Class B felony to leave the scene of an accident where there is an injury or death in New Hampshire. Leaving the scene of an accident with only property damage can be a Class A or Class B misdemeanor.

Virginia

Leaving the scene of an accident where there is injury, death or more than $1,000 in property damage is a Class 5 felony in Virginia. If the accident involved less than $1,000 in property damage, you may be charged with a Class 1 misdemeanor.

What to Do if You Have Already Left the Scene

Many people who swear they would never leave the scene of an accident panic and drive away after a crash. If you leave an accident scene, it’s not too late to salvage the situation, though. Here’s a look at what to do and the steps that happen next:

• Call the local police immediately and tell them what happened
• The officer will likely ask you to come to the station and give a statement
• They will probably ticket you for leaving the scene

If some time has passed since the accident, it’s a good idea to contact a defense attorney to ask for advice before contacting the police.

Steps to Take After Receiving a Leaving the Scene of an Accident Ticket

Have you just received a ticket for leaving the scene of an accident? It’s important not to panic. Instead, make sure you take these key steps:

• Thoroughly read the ticket and make sure you understand it
• Contact an attorney for advice
• Determine whether you want to admit to the ticket or fight it
• If needed, gather any evidence that may support your case

If you decide to fight the ticket, you won’t need to gather evidence alone. Your lawyer can tell you which types of evidence are most likely to support your case.

Wondering How to Beat a Leaving the Scene of an Accident Ticket? Contact ConsumerShield

Depending on the circumstances and severity of the accident, getting a ticket for leaving the scene of an accident can be very serious. To reduce the risk of the ticket causing wide-ranging repercussions, it’s worth contacting a car accident lawyer.

Interested in learning more about how a lawyer can help you? At ConsumerShield, we match people like you with qualified attorneys nearby. Fill out our contact form below to get started with a free case review today.