Colorado Law for Duty to Report Accidents| Weld County Hit and Run Lawyer
In Colorado, the phrases "Hit and Run," "Accidents Involving Death, Personal Injury, or Damage," "Leaving the Scene of the Accident," and "Duty to Report an Accident" all refer to the same thing. Whenever an accident occurs, it is the duty of those involved to report the accident to Weld County law enforcement and to stay at the scene of the accident until officers conclude their investigation. If you don't, you face a minimum of a class 2 misdemeanor traffic offense. Where a personal injury is involved, the failure to stop and call police will result in a felony charge. What used to be a simple mistake and trading of information has been turned into something you could face jail time over. Contact your local criminal defense attorneys at the O'Malley Law Office for help with your case today.
Colorado Law for Duty to Report Accidents, C.R.S. 42-4-1606, in Greeley
After a car accident has occurred, you have a duty to report the accident, C.R.S. 42-4-1606, to Greeley police immediately. The statue states specifically that:
To clarify, this means that regardless of the damage done, if you do not report the accident to law enforcement, you are eligible to be charged with Failure to Report an Accident. This statute was created to help protect victims from being hit and not being able to hold someone responsible. More often than not, ita failure to report ends up hurting both parties involved. In simple fender benders, when people are able to exchange the insurance information successfully without the help of Greeley police, it feels unnecessary to call the police. Often times too, police will tack on any extra charge they can: Careless or Reckless Driving, Vehicular Assault, or even Vehicular Homicide if someone died. A mistake anyone could make easily turns into a felony charge when Greeley police become involved. So if you've been falsely accused of "Hit and Run," or failure to report an accident, and a number of other ridiculous traffic crimes, contact our office where our experienced criminal defense attorneys can do what they do best, help you.
Examples of Hit and Run Cases in Windsor, Milliken and Dacono
There are many scenarios and examples where Windsor, Milliken and Dacono drivers can be charged with Hit and Run, or failure to report an accident and leaving the scene. Most commonly is when someone accidentally strikes another vehicle and it is caught on camera or by a witness, and the driver leaves without notice. We also see cases where our client was not only the victim of the accident, but then they were being charged with Hit and Run too. The original accident only involved damage to the vehicles, and our client believed they had the situation sorted out with the other person, so they did not call local police. Later, the person who hit our client called the police and reported that our client had hit them. The story was completely turned around and then our client was facing criminal charges when, really, they were the victim. On the flip side though, we have also seen situations where our client made a simple mistake, and they were clearly overcharged for the incident. Police tend to believe the first story they hear, and to over-charge unnecessarily to look good themselves.
What is the Sentence and Penalty for a Hit and Run, or Failure of Duty to Report Accidents charge in Greeley, Erie and Evans?
In Greeley, Erie and Evans, when you're accused of Hit and Run, also known as failure of Duty to Report Accidents and leaving the scene, you face a class 2 misdemeanor traffic offense. The penalties for a class 2 misdemeanor traffic offense are between 10 days and 90 days in the Weld County Jail, and a fine between $150 and $300. Luckily, traffic offenses do not appear on your criminal record; however, if you have a career in driving, it would likely come up and affect your employment. Whether you're a trucker hauling goods across the country, or you're a school bus driver, a misdemeanor traffic offense would likely disrupt your normal work schedule and ability to work. Insurance companies can refuse to insure you at work. That is why we always recommend hiring a skilled criminal defense lawyer to aid you in your case.
Accidents Involving Death or Personal Injuries, C.R.S. 42-4-1601, in Greeley, Johnstown and Lyons
If someone is involved in a Greeley, Johnstown or Lyons accident that results in an injury, serious bodily injury, or even death, the driver could face anywhere between a misdemeanor traffic offense to a felony. When someone suffers an injury, the driver could be charged with a class 1 misdemeanor traffic offense. If someone suffered from a serious bodily injury, they could face a class 4 felony. And when the accident causes death of a person, the person at fault will face a class 3 felony charge. Additionally, the DMV will revoke your driver's license if you get convicted for these traffic offenses. The failure to call police following an injury accident can result in as serious a punishment as causing the accident itself.
In these situations, the following definitions of "Injury" and "Serious Bodily Injury" come into play:
"Injury" means physical pain, illness, or any impairment of physical or mental condition.
"Serious bodily injury" means injury that involves, either at the time of the actual injury or at a later time, a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.
In cases where someone has suffered an injury of some kind, or death, Johnstown police are likely to charge the person at fault with Reckless Driving, Careless Driving, Vehicular Assault, or anything else they can support. It is unfair, and by hiring an experienced traffic crimes lawyer, you are providing the best protection for yourself.