Hit and Run Virginia

Virginia Hit & Run

In Virginia, Hit and Run is a serious offense. Hit and run in Virginia can be charged as a misdemeanor or a felony, depending on the facts. In addition, Virginia hit and run can include license revocation or suspension on top of any conviction.

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Hit and Run in Virginia

Virginia hit and run law is found in code sections 46.2-894 through 46.2-901. The law surrounding misdemeanor and felony hit and run takes some time to work through. 

It is important to distinguish between ATTENDED PROPERTY versus UNATTENDED PROPERTY in Virginia hit and run cases. In addition, whether INJURY or DEATH occurred is a big factor, as is the PROPERTY DAMAGE. In addition, passengers also have a duty to report as well and can be charged for Virginia hit and run involving attended property and unattended property.
Hit and run Virginia

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Hit and Run Virginia Code 

Hit and run Virginia code 46.2-894 defines hit and run to attended property, and involving an accident where someone is injured or killed. Damage to unattended property is covered under Virginia code 46.2-896 for drivers. It is a class 5 felony in Virginia for hit and run if:
  1. hit and run where someone is injured, OR
  2. hit and run where someone is killed, OR
  3. hit and run where damage to attended property is $1001 or greater
Misdemeanor hit and run includes the following offenses for drivers: 
  1. hit and run where damage to attended property is $1000 or less is a class 1 misdemeanor
  2. hit and run to unattended property of any value where no one is injured or killed at $250 or greater is a class 1 misdemeanor
  3. hit and run to unattended property where no one is injured or killed valued at LESS THAN $250 is a class 4 misdemeanor
Class 1 misdemeanors carry up to 12 months in jail and a fine up to $2500. 
Class 4 misdemeanors are punished by a fine only up to $250 but no jail. 
Class 5 felony is punished by jail up to ten years
Class 6 felony is punished by jail up to 5 years

What is Hit and Run in Virginia?

Many people think that hit and run means that you make an effort to flee the scene. So they think of high speed chases where someone peels out and takes off. That is not the case for many hit and run cases in Virginia. In Virginia, there are certain requirements set out in the law that each driver must be aware of. I will cover the duties of drivers involved in Virginia accidents next.

Virginia Driver Duties for Accidents Involving Damage to Attended Property or Injury or Death

Every driver involved in an accident involving injury or death, or damage to attended property must: 
  1. immediately stop as close to the scene of the accident as possible WITHOUT obstructing traffic, AND
  2. report their NAME, ADDRESS, DRIVER'S LICENSE NUMBER, AND VEHICLE REGISTRATION NUMBER TO:
    1. police, or
    2. person struck and injured if they appear capable of understanding and retaining the information, or
    3. to the driver or occupant of the vehicle collided with, or
    4. to the custodian of other damaged property
  3. render reasonable assistance to someone injured in the accident, and take them to the hospital, surgeon or hospital if it is clear that it is necessary or they ask

Driver Duties for Accidents Involving Unattended Property in Virginia

Drivers involved in a Virginia accident involving UNATTENDED PROPERTY have a duty to: 
  1. make a reasonable effort to locate the owner/custodian of the property
  2. report the same information above if the owner is found
  3. if they cannot be found, you must
    1. leave a note or other sufficient information
    2. must include the driver identification and contact information
    3. must be in a CONSPICUOUS PLACE at the SCENE OF THE ACCIDENT, AND
    4. must report the accident in writing within 24 hours to police
    5. the report must have all of the information required in 46.2-894

What Happens to My License?

If you are found guilty of hit and run where the property damage exceeded $500 then the judge MAY suspend your driver's license. For cases involving injury or death it is more serious. The DMV will revoke your license. 

If the judge DOES suspend your driver's license, the Virginia DMV WILL NOT GRANT A RESTRICTED LICENSE, EVEN IF THE JUDGE DOES. The Virginia DMV is a creature of statute and they do not have the authority to issue a restricted license for hit and run. So even if the judge grants a restricted license, the DMV will not authorize or issue it. 

With hit and run in Virginia, if your license gets suspended it's suspended. There is no restricted license. This license suspension applies to both passengers and drivers of attended and unattended property or vehicles.

Can a Hit and Run Lawyer Avoid Jail Time?

Hit and run Virginia jail
Virginia judges and prosecutors look closely at hit and run cases in Virginia. Accident cases are inherently more serious due to the potential for injury or death. In addition, leaving the scene doesn't look good. 

However, these cases can sometimes be reduced. Recently, Leavitt & Martin represented two clients charged with misdemeanor hit and run. In both cases, our client left the scene and guilt was clear. We were able to convince the judge and prosecutor in two different locations to REDUCE the misdemeanor hit and run charge. Every case is different and past results do not predict the future. 

Hit and run in Virginia carries up to ten years in jail if it involves injury or death, or property damage over $1000 to attended property. It doesn't take much damage to get to exceed $1000 in property damage. Most accidents involving attended property are charged as a felony because it doesn't take much to exceed $1000 in property damage.

The range of punishment for Virginia hit and run cases is: 
  • up to ten years in jail for a class 5 felony
  • up to five years in jail for a class 6 felony
  • up to 12 months in jail for a class 1 misdemeanor
As an experienced Virginia traffic lawyer we can often help minimize what happens and get the best outcome possible for your Virginia hit and run case. Call today for a free consultation at 804-873-4004.

Virginia Hit and Run Case Results

Recently Leavitt & Martin represented three clients charged with misdemeanor hit and run in Virginia. Here were the facts: 

Dinwiddie Hit and Run: 

Our client hit a vehicle at a gas station. She exited the vehicle and saw the damage to the other vehicle. Then she got in her car and drove off. The other vehicle followed her and called the police. The police pulled her over in a different jurisdiction and issued her a summons for misdemeanor hit and run. 

RESULT: Case reduced to traffic infraction called improper driving with a fine/costs and NO CONVICTION for a misdemeanor, and NO LICENSE SUSPENSION

Richmond Hit and Run: 

Our client went to a donut shop in Richmond. The parking lot was rather small. When exiting, she hit another vehicle and caused damage. Rather than stop, she began to pull away. Other people in the parking lot attempted to block her vehicle. Her description and license plate number was given to the police and she admitted to driving away. 

At trial, the prosecutor would not agree to reduce this charge because the victim was so wound up. We made an excellent presentation to the court and the judge REDUCED the charge. 

Chesterfield Hit and Run Appeal: 

We recently went to court for someone charged with hit and run who had a PRIOR OFFENSE. Prior offenses for hit and run greatly increase the issue. Client had COURT APPOINTED counsel in general district court. The judge sentenced client to 12 months in jail with 6 months suspended and suspended the license for 6 months. 

Client appealed the case and hired me the week before the case went to trial. We continued the case two times and worked out a resolution that GREATLY REDUCED the jail sentence, allowed the time to be served on weekends, and GOT RID OF THE LICENSE SUSPENSION!

DISCLAIMER: Every case is unique and past results do not guarantee future outcomes.
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