Evading Responsibility – AKA Hit And Run
Should you hire a lawyer if the state charges you with Evading Responsibility in Connecticut? Evading Responsibility is charged as a misdemeanor or a felony depending on the circumstances of the accident. Continue reading to learn what the state needs to prove and whether or not you should hire a lawyer.
Evading Responsibility is a serious and common charge in Connecticut. Car accidents happen all the time, and sometimes drivers will leave the scene for a number of reasons. Sometimes people are genuinely scared, sometimes they are trying to maneuver to a safer location, and sometimes they don’t even know they were in an accident. Evading responsibility is serious, not only due to the criminal charge, but also due to consequences on your future driving, like license suspension and increased insurance premiums.
The State must prove that the accused party committed the four following elements:
1 – Operated a motor vehicle
2 – Knowingly involved in an accident
- The state needs to prove that there was an accident and that the accused was aware of it. The State does not need to prove that the defendant was aware of any injuries or property damage.
3 – Caused injury to person or damage to property
4 – Left the scene without providing information or assisting an injured party
- “Physical injury” can include any bodily impairment or pain
- An accident that results in “Serious physical injury” will be treated more seriously by the State
Evading Responsibility applies to any instance of fleeing an accident that involves one or more of the following facts (Connecticut General Statutes § 14 – 224) :
- Death to a person – Class B felony – §14- 224 (a)
- Serious physical injury – Class B felony §14- 224 (b)(1)
- Any physical injury – Class D felony §14- 224 (b)(2)
- Property damage – Class A misdemeanor §14- 224 (b)(3)
The state cannot convict someone with Evading Responsibility if there are none of the four above factors in an accident.
Most car accidents will involve at least one of the four required factors. Any property damage whatsoever, to either vehicle or to other property, permits the police to charge someone with Evading Responsibility in an alleged Hit-and-Run situation.
Related Charges, Possible Reductions
Unsafe Backing
If a person’s accident involved backing up their car, the State could charge them with Unsafe Backing in addition to or in substitution of Evading Responsibility. This is an infraction, meaning it is less severe than a misdemeanor. But unsafe backing can still have negative consequences, such as license suspensions and points on your license, leading to higher insurance costs. CGS §14 – 243
Failure to Produce an Insurance Card
Under CGS §14-213 (b), a driver must carry their insurance information on them and produce it to an officer when requested. Failure to Produce an Insurance Card is an infraction carrying no jail time. It usually does not result in points on a person’s license.
Why Hire a Lawyer?
Evading Responsibility is a serious charge, but the state must prove all of the required elements beyond a reasonable doubt. A lawyer will study the facts of your case and seek to challenge one or more of the elements to the charge. Your defense attorney may also try to have the charge reduced to a less serious offense or infraction. Reductions are harder to achieve when there are injuries involved.
If dismissal or a reduction are not options, your defense lawyer will try to convince the Judge and State’s Attorney that you deserve to be in a diversionary program. Your lawyer argue for your place in the program and how you are not likely to re-offend in the future.
At The Bartinik Law Firm LLC, our attorneys have decades of experience in Evading Responsibility and similar motor vehicle charges. Contact us today if you or someone you know is dealing with this or a related offense. We will help you to achieve the best outcome in your case. Call us today at 860- 445- 8521.