Skilled DUI Hit and Run Defense Attorney
in Madison, Georgia

Any driver who strikes a person, vehicle or other object and leaves the scene of an accident may be charged with a crime in Georgia. If the driver is intoxicated, it is often known as a “DUI hit and run,” and he/she is liable for more than one criminal charge.

The consequences for such charges in Georgia are serious—and the hit and run charge may carry even more severe charges than the DUI itself.

Georgia laws specifically criminalize leaving the scene of an accident where property damage, injury or death has resulted.

Under OCGA 40-6-270, any individual driving a vehicle that is involved in a collision is legally required to stop or immediately return to the scene of the collision if:

• Any injury was caused to any person as a result of the collision,
• The death of any person resulted from the collision, and/or
• Damage to any other vehicles resulted from the collision.

Furthermore, upon stopping or returning to the scene of the accident, individuals are legally required to:

• Provide reasonable assistance to any person injured by the collision.
• Seek medical assistance for any person who appears unconscious, deceased or otherwise unable to communicate.
• Provide their name, address, vehicle registration number, and driver’s license (if requested) to any individual(s) affected by the collision.

Failure to comply with this law can lead to a criminal charge (in addition to the DUI if the driver was also intoxicated) and significant penalties.

Georgia prosecutes different levels of hit-and-run charges. The penalties for convictions vary according to whether it is an offender’s first or subsequent crime and whether anyone was seriously injured or killed as a result of the incident.

For leaving the scene of an accident that caused non-serious injury to another person or caused damage to an occupied vehicle, the driver faces a misdemeanor charge:

• First offense:
  • Fine of $300-$1,000
  • Imprisonment for up to 12 months
• Second offense within a five-year period:
  • Fine of $600-$1,000
  • Imprisonment for up to 12 months
• Third offense within a five-year period:
  • Fine of $1,000
  • Imprisonment for up to 12 months

If the accident caused the death or serious injury of another person, a hit and run will be charged as a felony, with the threat of imprisonment for not less than one year and a maximum of five years

Striking an unattended vehicle, i.e., no person was occupying the vehicle or was within its immediate proximity, is considered a separate offense in Georgia. Under O.C.G.A. 40-6-271, a driver who hits an unattended vehicle has a duty to:

• Immediately stop or immediately return to the scene of the collision,
• Either locate and notify the operator or owner of the vehicle or find that person’s name and address, or
• Leave in a conspicuous place on the vehicle a written notice giving the name and address of the driver so the owner can contact him or her.

The failure to fulfill these duties can result in criminal charges and, if convicted, misdemeanor penalties including a fine of up to $1,000 and up to 12 months in jail.

Another type of hit and run charge is detailed under O.C.G.A. 40-6-273. This covers the Duty to report accident resulting in injury, death, or property damage. This charge often applies when damage is caused to property other than another motor vehicle, such as municipal property.

Under this law, any driver who causes property damage to an apparent extent of $500 or more, or injury or death to another person, must immediately, and by the quickest means of communication possible:

• Give notice of the accident to the local police department in the area if the accident occurs within a municipality.
• Give notice to the county sheriff or the nearest office of the Georgia State Patrol if the accident occurs outside of the municipality.

The penalties for the failure to perform these duties include a citation resulting in three points being added to your driver’s license, possibly resulting in a license suspension.

DUI hit and run charges often present viable defenses, preventing the worst consequences of a conviction. This is more likely with representation from a criminal defense lawyer experienced in both DUI and hit-and-run cases.

If the case cannot be settled through plea bargaining and proceeds to trial, the best defense will depend on the specific circumstances of the case. DUI hit and run charge defenses are typically based on one or more of the following arguments:

• Police error: Police often make mistakes with the stop, investigation or arrest procedures. Failure to follow correct procedures can result in the evidence being inadmissible and the prosecution’s case falling apart.
• Incorrect test results: For DUIs in Georgia, one of the strongest defenses is to prove inaccuracies or inconsistencies in the testing equipment, rendering the results unreliable.
• The defendant was not the driver: The prosecution needs to prove that the defendant was the driver. If we can introduce doubt with photos, video, witness statements, or other evidence, an acquittal can result.
• The defendant was unaware of a collision: If a defendant was not aware of a collision—perhaps due to heavy rain or fog—there should be no hit and run conviction.
• Medical conditions or fatigue: Expert doctors or medical records can sometimes be used to explain certain types of negligent behavior, including leaving the scene of an accident.
• Valid reason to leave the scene: In some cases, drivers may leave the scene of an accident for safety reasons, a threat or a medical emergency. This may be a valid defense against the hit-and-run charge.
• The defendant attempted to return: If the defense can show that genuine attempts were made to return to the scene or remedy the defendant’s actions, a conviction can be prevented.
• Unreliable witnesses or evidence: If the defense can show that witness testimony is unreliable, reasonable doubt can be introduced and an acquittal may result.

If you’ve been charged with DUI hit and run in Morgan County, Georgia, speak to a DUI defense lawyer from Michael Fulcher Law, LLC. We’ll outline your legal options and help you navigate the claim system. Contact us for a free consultation or call us at 706-438-1555.

“Mr. Fulcher has been tremendously helpful with my case. Since hiring him he has consistently returned my calls as quickly as he can. We discussed an ideal outcome, and I set about doing exactly as he said. Following his advice we were able to get a very favorable outcome. He is always quick to answer any questions, and has stayed very engaged with me throughout this ordeal. Michael provides excellent counsel, and I would recommend him to anyone!”