A suspect was driving along a busy roadway where another vehicle gently bumped into the suspect’s vehicle. The suspect did not believe there was any damage as the collision was very light. The suspect then drove away as did the person in the other vehicle. The suspect then received notice in the mail for the charge of Failing to Stop after Collision.
Punishment of Failing to Stop after Collision:
The charge for Failing to Stop after a Collisionis up to 90 days in jail, $100 fine, 6 points on driver’s license, (as many points as a drinking and driving!) and driver responsibility fees. In addition to these penalties, a suspect could also be responsible for restitution for any damage done to the other person’s vehicle.
Elements of Failing to Stop after a Collision:
When a suspect is facing a charge, it is always the burden of the prosecutor to prove the offense. In order for the Washtenaw County Prosecutor to prove the offense of Failing to Stop after Collision they would have to show that the suspect: 1) drove a vehicle 2) which collided upon public or private property with another vehicle 3) that was attended or unattended 4) and did not locate or notified the operator/owner of the vehicle after such incident, nor did they file a report with the police.
Defenses for the charge of Failing to Stop after a Collision:
- A person was unaware that an accident occurred
- A person did stop after accident and waited a reasonable time before leaving
- A person was not driving at the time of the accident
In this case, the suspect was able to have the Failing to Stop after Collision count dismissed for an added count of Failing to Report an Accident. The suspect only had to pay fines and court costs, did not have to pay driver responsibility fees and received 0 points on their driving record.
If you have been charged with a misdemeanor of Failing to Stop after a Collision contact defense lawyer, Aaron J. Boria for a free consolation today (734) 453-7806.