Misdemeanor Hit & Run
A misdemeanor hit-and-run in Nevada is when a driver causes property damage and leaves the scene without taking the proper legal steps. The crime is punishable by $1,000 in fines and/or up to six months in jail. In addition, the convicted driver will receive six demerit points to their driver’s license. If the driver accrues 12 or more points in one year, the DMV will suspend their license for six months.
What To Do During An Accident Involving Property
If a driver hits unattended property, such as a fence or car, they must immediately park and try to find the property owner. If they’re unable to find the owner, they must leave a note in a visible location with their name (or vehicle owner’s name if they’re not the owner) and their address.
If the property damage amount is $750 or more, the driver must notify Metro Las Vegas police. If police arrive at the scene and file an accident report, the driver doesn’t need to file a report. But if police do not arrive at the scene and file a report, then the driver has 10 days from the date of the accident to submit a Nevada DMV SR-1 accident report.
If the accident incapacitates the driver, they aren’t required to file a report until they are physically able to do so. If the driver is incapacitated and doesn’t own the vehicle, then the vehicle owner is required to file the report within 10 days of learning about the accident.
In Nevada, failing to file an accident report will result in a license suspension of up to one year. Filing a false report is a gross misdemeanor and is punishable by up to 364 days in jail and/or up to $2,000 in fines.
How a Defense Attorney May Fight Misdemeanor Hit & Run Charges
The arguments presented by a defense lawyer in misdemeanor hit-and-run cases will vary, depending on the details of the accident. However, a few common scenarios that can help reduce or dismiss charges include:
- The defendant wasn’t involved in an accident and therefore had no obligation to stop.
- The defendant wasn’t aware they were involved in an accident.
- The defendant sufficiently fulfilled all legal obligations at the scene of the accident.
- The defendant was too incapacitated to stop and exchange information.
A typical hit-and-run case is built using evidence from traffic surveillance footage, GPS car data, eyewitness accounts, and smartphone videos from people at the scene. An experienced defense attorney will carefully review the evidence and identify the best strategy for reducing or dismissing charges.
Why Call Moskal Law
Thomas Moskal served as Chief Deputy District Attorney for Clark County’s Vehicular Crimes Unit for seven years, trying a variety of criminal cases. He has seen defense attorneys mishandle hit-and-run cases and knows what it takes to defend a client in these situations. If you’re facing misdemeanor hit-and-run charges, call Moskal Law today to schedule an appointment. You deserve legal representation you can count on.
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Disclaimer: The information contained on this website is provided for informational purposes only, and should not be construed as legal advice on any matter.
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