In SC, hit and run criminal offenses are termed Leaving the Scene. Regardless of whether the individual was at fault in the accident, all drivers in an accident must stop. Leaving the scene of an accident in South Carolina can result in harsh criminal penalties for drivers, including felony charges.
Leaving the scene of an accident is codified in SC Code Ann. § 56-5-1210 (1976), et seq., which states that drivers involved in accidents that must immediately stop their vehicle at the scene of the accident and fulfill certain obligations. The obligations include providing contact information, such as name, address, and vehicle registration. The driver also has the duty to render reasonable aid to anyone injured.
COMMON REASONS WHY DRIVERS LEAVE THE SCENE OF AN ACCIDENT
- Fear of legal consequences: Drivers may flee out of fear of facing legal repercussions, particularly if they were under the influence of alcohol or drugs, driving without a valid license or insurance, or engaging in other illegal activities at the time of the accident.
- Lack of awareness or understanding: Some drivers may not fully comprehend the legal obligations or consequences of a leaving the scene.
- Panic or shock: The stress and panic following an accident can cause individuals to act impulsively. They may not have the presence of mind to handle the situation appropriately, leading them to flee out of shock or confusion.
- Prior criminal record: Drivers with a history of criminal behavior or outstanding warrants may choose to evade law enforcement by leaving the scene of an accident.
PENALTIES
Leaving the Scene can be charged as either a misdemeanor or felony offense in South Carolina depending on the nature of the crime, meaning that the penalties for this offense in South Carolina will vary based on the driver’s unique circumstances. Leaving the scene offenses are as follows:
- Leaving the scene of an accident resulting in property damage, such as a fence or mailbox – A misdemeanor that is punishable by a maximum jail sentence of 30 days and a fine of up to $100 (plus other costs).
- Leaving the scene of an accident resulting in damage to unattended vehicles – A misdemeanor that carries a jail term of up to 30 days and a maximum fine of up to $100 (plus other costs).
- Leaving the scene of an accident resulting in damage to attended vehicles – A misdemeanor that is punishable by a maximum jail sentence of one (1) year and a fine of up to $5,000.
- Leaving the scene of an accident resulting in another person’s minor injury – A misdemeanor that is punishable by a jail sentence of up to one (1) year and a maximum fine of $5,000.
- Leaving the scene of an accident resulting in another person’s serious injury – A felony that carries imprisonment for up to 10 years and a maximum fine of $10,000.
- Leaving the scene of an accident resulting in another person’s death – A felony that is punishable by imprisonment for up to 25 years and a maximum fine of $25,000.
While there is a duty to stop and meet certain obligations, the law does permit an individual to briefly leave the scene of an accident if the sole purpose is to seek assistance from law enforcement or emergency medical personnel. Also, an individual may move the vehicle out of the roadway.
LOSS OF DRIVING PRIVILEGES
Leaving the scene of an accident can also result in the immediate suspension of driving privileges. If the accident results in someone suffering great bodily injury or death, driving privileges will be suspended. In cases where there is only property damage, you may be able to retain your driving privileges if the points you receive for the crime do not cause the total number of points on your driving record to reach the threshold for suspension.
CONCLUSION
If criminally charged with Leaving the Scene of an Accident, contact an experienced criminal defense attorney. T. Kirk Truslow’s practice is solely focused on criminal defense and he has thirty years of experience in trials and resolving matters. Truslow has a record of successful outcomes for his clients.