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It happened at last Sunday evening. I stopped at a corner with stop sign and then try to turn left to the main street. I started my car slowly. Suddenly, another car was appeared and close to my car. In order to escape the crash with that car, my car rushed into a yard and hit at the front of steps of the porch. A couple of people sat at the porch in that house, and they were shock for it. I told them that I am very sorry about it and checked the yard, steps of the porch and nothing was wrong for the house and people. I moved the car from the yard to the main street, and stopped again. I waited about 3 minutes, and during that time I asked several times “Should I stay here? Can I go home?” Nobody replied to me and water in my car was leaking, so I decided to move the car back to my yard (just a block with my yard). However, a police came to see me and the car about 8:00 pm. He checked the car and charged me “Leaving scene of accident”. What should I do?
State/Country relating to Question: Tennessee Already Tried: I denied the charge at the first time. I will go to the count at Sept 1 again. I do not know how to do with it? Should I deny it again ? If I accept the charge, what is the results of the charge?
What state?
It is TN
It looks like you may have a defense to this charge, though you will still have to go to court and address it. According to Section 40-7-103 - Leaving the Scene of an Accident if there was no injury and no property damage over $1,000. In fact, the only way the officer has probable cause to arrest you for this is if he thought you might have been driving while drunk.You should be able to beat this case unless the cop breathalyzed you when he showed up and got a positive reading, but in any case, it's always a good idea to have a lawyer when you're charged with a criminal offense.________If I've helped, please click the green Accept button so I can get credit for my work.This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.
No, I do not drink at all. The police only charge me" Leaving scene of accident". What I should do in the count, deny it again or accept it? If I accept, what is the results?
On your first court date you will be arraigned on these charges and you should plead not guilty. There was no personal injury involved in this accident. There was no damage to any vehicle other than your own. So the hit and run statute doesn't apply. And there was no damage to the property where you rolled up on. The crime would be a misdemeanor carrying up to a year in jail and a fine of up to $2,500. If it's your first contact with the system, you will almost certainly be made a non-jail plea offer. I'm working, of course, on very limited facts. But it looks to me that a lawyer might be able to get this case dismissed, in which case, there'd be no reason to pay a fine and incur a criminal record when you don't have to.________If I've helped, please click the green Accept button so I can get credit for my work.This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.
So, Do you think that it is necceasy for me to have a lawyer in the count?
You're a defendant in a criminal case. All defendants have an absolute right to have an attorney present because your personal liberty and rights could be affected and you will have decisions to make that could have lifelong consequences. It's never a good idea to be unrepresented by counsel on a criminal matter, particularly if you're not at all system-wise, which you don't seem to be.Based on my reading of the statute, I think a lawyer can get this dismissed, unless the property where you rolled up sustained a lot of damage, which you say did not not occur. You won't be able to get the dismissal yourself. You can always take a plea rather than go to trial on the case. But you should have someone who can explain all your choices to you so that you know what you're doing and the short and long-term consequences. ________If I've helped, please click the green Accept button so I can get credit for my work.This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.
Attorney
18 years of NYC criminal litigation experience.