The Moment That Changes Everything
You’re running late for work, coffee in hand, when you hear a slight scraping sound as you back out of a tight parking spot. You glance in your mirror, see nothing obvious, and think “probably just a shopping cart.” So you drive away. Three days later, police are at your door with a warrant for leaving the scene of an accident.
Sound dramatic? It happens more often than you’d think. Under New York Vehicle and Traffic Law § 600, what seems like a minor oversight can spiral into serious criminal charges faster than you can say “I didn’t know I hit anything.”
If you’re facing hit and run charges in NY, having the right legal defense can make all the difference in protecting your future. The consequences of leaving the scene of an accident, whether involving property damage, injury, or death, can be severe.
At Lebedin Kofman LLP, our seasoned New York hit and run attorneys thoroughly investigate every detail of your case, from the circumstances surrounding the alleged incident to how law enforcement handled the investigation. Don’t face this challenging process alone; contact us at (646) 663-4430.
What the Law Actually Requires
Here’s what every driver in New York needs to understand: if you’re involved in any motor vehicle incident, the law doesn’t care who’s at fault. You have specific legal obligations that kick in immediately:
Your Non-Negotiable Duties
- Stop immediately at the scene (not three blocks away)
- Exchange information including name, address, license, and insurance details
- Render reasonable assistance to anyone injured
- Report to police when required or when you can’t locate the other party
The tricky part? These obligations exist whether you caused the accident or not. I’ve represented clients who were rear-ended and then charged with leaving the scene because they drove to a gas station to check their bumper without exchanging information first.
The Penalties Will Shock You
New York doesn’t mess around with hit and run charges. The penalties escalate quickly based on what happened:
Property Damage Only
- Classification: Traffic infraction
- Penalties: Up to $250 fine, 15 days jail, 3 license points
- Reality check: Even this “minor” version goes on your record
Personal Injury Involved
- Classification: Misdemeanor
- Penalties: $500-$1,000 fine, up to 1 year jail, possible license suspension
- Career impact: Misdemeanor convictions show up on background checks
Serious Physical Injury
- Classification: Class E felony
- Penalties: Up to 4 years prison, $1,000-$2,500 fine, license revocation
- Life changing: Felony conviction affects employment, housing, voting rights
Death Results
- Classification: Class D felony
- Penalties: Up to 7 years prison, $2,000-$5,000 fine, license revocation
- The worst case: This destroys lives and families
The “I Didn’t Know” Defense
The prosecution must prove you knew or should have known an accident occurred. This knowledge requirement creates the most common defense strategy in these cases.
What “Should Have Known” Means
Courts look at factors like:
- Severity of impact
- Damage to your vehicle
- Sounds or sensations during the incident
- Whether the other party appeared injured
Common Defenses That Actually Work
Lack of Knowledge
The strongest defense when you genuinely didn’t realize an accident occurred. Dashcam footage, minimal vehicle damage, and witness testimony can support this claim.
Safety Concerns
You can legally leave the scene if remaining would put you in danger. One client left after the other driver became aggressive and threatening. We documented the threats through text messages sent afterward.
Medical Emergency
If you or a passenger needed immediate medical attention, the law recognizes this necessity. The key is documenting the emergency and reporting as soon as reasonably possible.
Mechanical Failure
If your vehicle became unsafe to operate, you might need to move it. Again, prompt reporting after addressing the mechanical issue is crucial.
The Hidden Consequences Nobody Warns You About
Criminal penalties are just the beginning. Hit and run convictions trigger a cascade of problems:
Insurance Nightmares
Your rates will skyrocket. Many insurers drop clients entirely after hit and run convictions. Finding new coverage becomes expensive and difficult.
Civil Lawsuits
The other party can sue you for damages separately from criminal charges. Leaving the scene often makes you look guilty to a jury, increasing potential verdicts.
Professional Licensing
Many professional licenses require disclosure of criminal convictions. CDL holders face automatic disqualification for serious violations.
Immigration Consequences
Non-citizens face deportation risks for certain traffic crimes. Even misdemeanor hit and run can trigger removal proceedings.
What To Do If You’re Already Charged
Don’t Panic, But Don’t Wait
The earlier you get legal help, the better your options. Evidence disappears, witnesses forget details, and surveillance footage gets deleted. Time works against you.
Never Talk to Police Without Counsel
That friendly detective who says “just help us understand what happened” isn’t your friend. Police interviews rarely help defendants and often provide the prosecution with incriminating statements.
Document Everything
Start gathering evidence immediately:
- Photos of your vehicle from all angles
- Receipts showing where you were
- Witness contact information
- Medical records if you were injured
The Prosecution’s Weak Spots
These cases often rely on circumstantial evidence. Common weaknesses include:
Identification Issues
How do they know it was your vehicle? License plate witnesses are notoriously unreliable, especially in stressful situations.
Timeline Problems
Prosecutors must prove when the accident occurred and that you were driving. GPS data, cell phone records, and alibi witnesses can create reasonable doubt.
Injury Claims
In personal injury cases, we examine medical records for pre-existing conditions and delayed reporting that suggests exaggerated claims.
When Plea Deals Make Sense
Not every case should go to trial. Sometimes negotiating a reduced charge serves the client’s interests better. Factors to consider:
- Strength of the evidence
- Client’s driving record
- Immigration status
- Professional licensing concerns
- Insurance implications
I’ve negotiated property damage charges down to non-criminal violations, saving clients from criminal records while resolving cases efficiently.
Hit and Run Defense: Final Considerations
These cases are more defensible than most people realize. The prosecution must prove specific elements beyond reasonable doubt, and knowledge requirements create significant defense opportunities.
The key is getting experienced legal help immediately. The right defense strategy, implemented early, can mean the difference between a felony conviction and getting charges dismissed entirely.
If you’re facing leaving the scene charges, remember that an accusation isn’t a conviction. With proper legal representation, even serious hit and run allegations can be successfully defended.
If you or someone you know is dealing with hit and run charges, contact us today at (646) 663-4430 for a free consultation.
This article provides general information about hit and run laws in New York. Every case is unique, and you should consult with a qualified criminal defense attorney about your specific situation.
