Manhattan Hit-and-Run Dismissed: A Hard-Fought Victory
At Lebedin Kofman LLP, our criminal defense attorneys recently represented a client charged in New York County (Manhattan) with Leaving the Scene of an Accident Without Reporting (VTL § 600), commonly known as a hit-and-run.
The allegations were serious: prosecutors claimed our client, while driving a commercial work truck, struck a bicyclist, launching him several feet in the air and causing physical injuries. The entire event was captured on video surveillance.
The Stakes
The charge of Leaving the Scene of an Accident is taken extremely seriously in New York City, particularly in Manhattan, which is widely considered the toughest of the five boroughs for criminal prosecutions.
A conviction could have resulted in:
- Criminal penalties, including jail or probation
- License suspension or revocation
- Permanent criminal record
- Civil liability and increased insurance exposure
- Employment consequences, especially for commercial drivers
Understanding the Law: Leaving the Scene of an Accident (VTL § 600)
Under New York Vehicle and Traffic Law § 600(2), a driver involved in an accident resulting in injury to another person must:
- Stop immediately at or near the scene; and
- Provide identifying information (name, address, insurance, registration); and
- Report the incident to police or remain at the scene until law enforcement arrives.
Classification and Penalties
- With Property Damage Only: A traffic infraction, punishable by fines, points, and license consequences.
- With Personal Injury: A Class A misdemeanor, carrying up to 1 year in jail and license revocation.
- With Serious Physical Injury or Death: A felony, carrying multiple years in prison.
Common Defenses to Hit-and-Run Charges
Our firm evaluates every aspect of these cases to uncover legal and factual defenses, including:
- Mistaken Identity: Disputing the driver’s identification in video or witness statements.
- Lack of Knowledge: Showing the driver was unaware a collision occurred or that someone was injured.
- Vehicle Misidentification: Demonstrating that another similar vehicle caused the accident.
- Insufficient Proof of Injury: Challenging the “physical injury” threshold required under the statute.
- Procedural or Discovery Violations: Leveraging any failure by prosecutors to meet evidentiary obligations.
Defense Strategy and Result
Despite the existence of video evidence, our attorneys spent months dissecting the footage, accident reports, and witness statements to reveal inconsistencies and procedural errors. We also emphasized our client’s clean record, employment background, and cooperation following the incident.
Ultimately, our advocacy led to a complete dismissal of all criminal charges, a remarkable result in Manhattan, known for some of the strictest prosecutors in the state.
Outcome:
✅ All criminal charges dismissed
✅ No jail, no probation, no record
✅ Case closed despite video evidence
✅ Client cleared to continue working and driving
Why Clients Choose Lebedin Kofman LLP
Our defense team has successfully handled hundreds of traffic-related criminal cases throughout New York City, including hit-and-run, reckless driving, and vehicular assault.
Clients trust us because we:
- Know how to challenge evidence, including video and police reports
- Understand the unique pressures commercial drivers face
- Have a track record of winning even in Manhattan, the most difficult jurisdiction for defense attorneys
Contact a Manhattan Hit-and-Run Defense Lawyer
If you’re accused of leaving the scene of an accident in NYC, do not face it alone. Early legal representation can make the difference between conviction and dismissal. Contact us today at (646) 663-4430 to begin building your defense.
This article provides general information about leaving the scene of an accident in New York. Every case is unique, and you should consult with a qualified criminal defense attorney about your specific situation.