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

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Sarah Edwards

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Reviewed By Adam Ramirez, J.D.

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Summary

  • Leaving the scene of an accident is illegal in every state
  • A ticket may lead to fines, license suspension and other penalties
  • Working with a lawyer can give you your best chance of beating the ticket

Getting into a car accident can be extremely stressful. Whether you’re disoriented from the impact or worried about getting arrested, you may be tempted to just drive off.

However, no matter how serious the accident you’re trying to avoid, leaving the scene can make it worse. Leaving the scene of an accident is illegal in every state, and if you’re caught, you might face fines, license suspension and even jail time.

In some instances — usually when the damage is relatively minor — you might receive a ticket for leaving the scene. You may be able to have this ticket dismissed or reduced to a lesser offense. Here’s a look at how to beat a leaving the scene of an accident ticket.

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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.

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
  • 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.

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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.

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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.

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.

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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.

Car Accident Knowledge Base

Read the latest information on Car Accident and find answers to your questions. Currently there are 123 topics about Car Accident Claims.

Frequently Asked Questions

  • You may understand how to proceed after suffering a collision, but do you know what to do if you hit a parked car? You must make a reasonable effort to find the owner or leave a note with your contact details, insurance information and a brief explanation of what happened.

  • Yes. While penalties for fleeing the scene vary, every state makes it typically illegal to leave the scene of a crash.

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