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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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I live in Texas and was driving my private vehicle whenI

Customer Question

I live in Texas and was driving my private vehicle whenI lost control and hit a pole. I went to a nearby parking lot and called the police. I was issued a ticket for leaving the scene of an accident. I have a CDL license. What should I do when I go to court and what are the possible fines and actions that maybe brought against me
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Samuel II replied 6 months ago.
HelloThis is Samuel. Here is a link to the Texas statute for this charge.It states: Sec. 550.022. ACCIDENT INVOLVING DAMAGE TO VEHICLE. (a) Except as provided by Subsection (b), the operator of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by a person shall:(1) immediately stop the vehicle at the scene of the accident or as close as possible to the scene of the accident without obstructing traffic more than is necessary;(2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident; and(3) remain at the scene of the accident until the operator complies with the requirements of Section 550.023.(b) If an accident occurs on a main lane, ramp, shoulder, median, or adjacent area of a freeway in a metropolitan area and each vehicle involved can be normally and safely driven, each operator shall move the operator's vehicle as soon as possible to a designated accident investigation site, if available, a location on the frontage road, the nearest suitable cross street, or other suitable location to complete the requirements of Section 550.023 and minimize interference with freeway traffic.(c) A person commits an offense if the person does not stop or does not comply with the requirements of Subsection (a). An offense under this subsection is:(1) a Class C misdemeanor, if the damage to all vehicles is less than $200; or(2) a Class B misdemeanor, if the damage to all vehicles is $200 or more.(c-1) A person commits an offense if the person does not comply with the requirements of Subsection (b). An offense under this subsection is a Class C misdemeanor.(d) In this section, a vehicle can be normally and safely driven only if the vehicle:(1) does not require towing; and(2) can be operated under its own power and in its usual manner, without additional damage or hazard to the vehicle, other traffic, or the roadway.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by:Acts 2005, 79th Leg., Ch. 1066 (H.B. 1484), Sec. 1, eff. September 1, 2005. Sec. 550.023. DUTY TO GIVE INFORMATION AND RENDER AID. The operator of a vehicle involved in an accident resulting in the injury or death of a person or damage to a vehicle that is driven or attended by a person shall:(1) give the operator's name and address, the registration number of the vehicle the operator was driving, and the name of the operator's motor vehicle liability insurer to any person injured or the operator or occupant of or person attending a vehicle involved in the collision;(2) if requested and available, show the operator's driver's license to a person described by Subdivision (1); and(3) provide any person injured in the accident reasonable assistance, including transporting or making arrangements for transporting the person to a physician or hospital for medical treatment if it is apparent that treatment is necessary, or if the injured person requests the transportation.
Expert:  Samuel II replied 6 months ago.
Now, here are the questions. Did you walk from the scene and leave the car? How long after the accident did you call? Did you need to leave the scene to find a phone?
Customer: replied 6 months ago.
I hit the pole and was able to drive my truck. I was on the way to a parking lot when an officer pulled me over for a defective headlight which had been damaged in the accident. I told him what had happened and that is when he issues the violations
Expert:  Samuel II replied 6 months ago.
Ok. Thank you. So there really is no defense. You left the scene, and as you can see from the law, the charge is legitimate. The only suggestion to consider is having a discussion with the District Attorney to have the matter dismissed. You can explain that you were somewhat in shock after it happened and that you did tell the officer what happened and that it was not a deliberate attempt to try to avert the reporting of the accident. You had every intention of reporting it.
Expert:  Samuel II replied 6 months ago.
See if the DA will be willing to dismiss the charge. Or at least minimize the penalty to a fine to help cover any damage to the state's property - ie the pole you hit.

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