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TJ, Esq.
TJ, Esq., Attorney
Category: Consumer Protection Law
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Experience:  Licensed to Practice Law
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What is the penality for leaving the scene of an accident in

Resolved Question:

What is the penality for leaving the scene of an accident in the state of Georgia (Atlanta) violation of code 4-6-270.
Submitted: 5 years ago.
Category: Consumer Protection Law
Expert:  TJ, Esq. replied 5 years ago.

Hello and thank you for allowing me the opportunity to assist you.

Question: “What is the penality for leaving the scene of an accident in the state of Georgia (Atlanta) violation of code 4-6-270.”

Answer: Did you mean 40-6-270? If so, it states the following:

§ 40-6-270. Hit and run; duty of driver to stop at or return to scene of accident

(a) The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall:

(1) Give his or her name and address and the registration number of the vehicle he or she is driving;

(2) Upon request and if it is available, exhibit his or her operator's license to the person struck or the driver or occupant of or person attending any vehicle collided with;

(3) Render to any person injured in such accident reasonable assistance, including the transporting, or the making of arrangements for the transporting, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such transporting is requested by the injured person; and

(4) Where a person injured in such accident is unconscious, appears deceased, or is otherwise unable to communicate, make every reasonable effort to ensure that emergency medical services and local law enforcement are contacted for the purpose of reporting the accident and making a request for assistance.

The driver shall in every event remain at the scene of the accident until fulfilling the requirements of this subsection. Every such stop shall be made without obstructing traffic more than is necessary.

(b) If such accident is the proximate cause of death or a serious injury, any person knowingly failing to stop and comply with the requirements of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.

(c) (1) If such accident is the proximate cause of an injury other than a serious injury or if such accident resulted in damage to a vehicle which is driven or attended by any person, any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a misdemeanor and:

(A) Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both;

(B) Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both; and for purposes of this subparagraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and

(C) Upon the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both; and for purposes of this subparagraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions.

(2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction.

(3) If the payment of the fine required under this subsection will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section.

(d) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section.

As you can see, the penalty depends on the type of injury or damage caused, as well as whether the person has done it on more than one occasion.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Maryland. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

Customer: replied 5 years ago.

I understand what you have sent, but as I stated no injuries and this is the first time.

Will it be a fine and an automatic license suspensoin or is that up to the judge?

Thank you.

Expert:  TJ, Esq. replied 5 years ago.
Oh, I see you added additional info in the "already tried" section. I don't think 40-6-270 even applies since you didn't injure anyone nor did you hit a vehicle.

Can you clarify what section of law you're charged under? Do you have any sort of documentation?
Customer: replied 5 years ago.

I am reading the ticket now--Hit & Run violation code 40-6-270 "Driver struck a tree and

walked away from his vehicle leaving the scene"

Like I said my house was one block away. I hit a tree 15 feet from the entrance of a gated community. I did read the law for someone under 21 and it was automatic suspension of lic. for 6 mo. I was wondering if that was the case for over 21 or is it basicly up to the judge. Thank you.

Expert:  TJ, Esq. replied 5 years ago.

Well, I quoted 40-6-270 in its entirety, so the penalties are already stated. But the suspension of a license is a different matter, as that is determined by the DDS (and is not considered a judicial penalty). Things like jail time, fines, etc. are determined by the judge (as required in the law). Things like points, license suspension, etc. are determined by the DMV since they have authority over driver's licenses.

I think you may have a good argument to have the charges dismissed because you didn't injure anyone, nor did you damage another person's vehicle. Still, you face suspension of your license according to the DDS's website, which states that leaving the scene of an accident is grounds for mandatory suspension: DDS Mandatory Suspension.

I wish I had better news with regard to that.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Maryland. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

 

TJ, Esq., Attorney
Satisfied Customers: 9774
Experience: Licensed to Practice Law
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