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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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I need help : Tx : No mam : I was involved in a t and run

Customer Question

I need help
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Tx
JA: Have you talked to a lawyer yet?
Customer: No mam
JA: Anything else you think the lawyer should know?
Customer: I was involved in a hit and run
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Hello

​This is Samuel.

Expert:  Samuel II replied 1 year ago.

I am sorry to hear of this situation. Can you tell me more and also what information can I provide for you? What is the question in this regard?

Expert:  Samuel II replied 1 year ago.

Were there any injuries?

Customer: replied 1 year ago.
No there are no injuries
Expert:  Samuel II replied 1 year ago.

Thank you. Please tell me what information I can provide for you in this regard?

Customer: replied 1 year ago.
I hit and ran but I got a letter sent to me, I don't want to go to jail at all
Expert:  Samuel II replied 1 year ago.

Thank you. What does the letter say? Did you hit and run from another car or what was it you hit? I apologize for all the questions, but I need to know what is going on to help you. Thanks

Customer: replied 1 year ago.
They hit me, the letter says that if I don't act on the situation they will arrest me, it's telling me to fill out my information and it has my liscence plate number and where everything happened
Expert:  Samuel II replied 1 year ago.

Ok. Thank you. This would not be a Hit and Run, but rather Leaving the Scene and it is governed under TX statute

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.

Expert:  Samuel II replied 1 year ago.

I suggest you will want to fill out the required paperwork. If you are uncomfortable with that then I suggest you consider consultation with a local attorney who can assist you with that.

Expert:  Samuel II replied 1 year ago.

Please let me know, if you have other questions in this regard. Otherwise, I would appreciate a positive rating as that ensures I get credit for my time and information. Thank you.

Customer: replied 1 year ago.
Well in the in event she hit me at the light, I asked her for her information she couldn't understand me and when I said insurance she said ok, we both went to our car and she got in hers, I drove off
Customer: replied 1 year ago.
The next day I called my insurance and lied
Expert:  Samuel II replied 1 year ago.

Ok. So you can tell the police that she wasn't comprehending you and that you contacted your insurance company the next day.

Customer: replied 1 year ago.
I didn't expect to get a letter 2 weeks later
Expert:  Samuel II replied 1 year ago.

​Well, the insurance company may require a police report be filed. It is in the law. And it could be her insurance company has told your insurance company that you left the scene.

Customer: replied 1 year ago.
But I told the insurance that it happened at a different location and I didn't know who the driver was
Expert:  Samuel II replied 1 year ago.

The letter just is asking you to make the report - correct? You can contact your insurance company and tell them that you now have a letter to answer with a report.

Expert:  Samuel II replied 1 year ago.

Why would you tell them it happened some place else?

Customer: replied 1 year ago.
I told them it happened at the movies and when I came out of the moviesI saw the dent in my car, the stories won't even coencide, I just want to get out of this situation
Expert:  Samuel II replied 1 year ago.

Well, I suggest the jig is up - it appears she has made a police report or her insurance company has. I suggest you consider a consultation with a local attorney who can help you to fill out the required police report.

Expert:  Samuel II replied 1 year ago.

And possibly smooth it over with your insurance company.

Customer: replied 1 year ago.
Am I going to jail
Customer: replied 1 year ago.
I don't know what to do
Customer: replied 1 year ago.
What should I say to my insurance company
Expert:  Samuel II replied 1 year ago.

No. No. There is no jail involved.

Customer: replied 1 year ago.
What should I do
Expert:  Samuel II replied 1 year ago.

I cannot tell you what to do. I can only provide information. I suggest you should at least consider a consult with a local attorney. You may be fined, but you would not be sentenced to any incarceration.

Customer: replied 1 year ago.
How much would they fine me for
Expert:  Samuel II replied 1 year ago.

A class c misdemeanor is a max $500 fine.

Customer: replied 1 year ago.
It would be on my record, I can't have it on my record at all
Expert:  Samuel II replied 1 year ago.

Yes. You would have a conviction. So I suggest you consult with a local attorney who can provide you representation and advice. We can only provide you information to help you make informed decisions.

Customer: replied 1 year ago.
What should I say to the detective, I called them before making an appointment w the attourney because my mom made me, they didn't answer but I left my name and number
Expert:  Samuel II replied 1 year ago.

I suggest you tell the detective you will make the report once you consult with your local attorney. Or don't take the call back and have your local attorney call the detective or give the detective the number to your attorney.

Customer: replied 1 year ago.
Wouldn't that make things worse? I'd be completely guilty and wouldn't my fine exceed $500?
Expert:  Samuel II replied 1 year ago.

It depends on the amount of damage to the vehicles. But as a class C misdemeanor it is as follows:

§ 12.23. CLASS C MISDEMEANOR.

An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.

Expert:  Samuel II replied 1 year ago.

Again, here is the law

(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.

Customer: replied 1 year ago.
for a fact no more than$500?
Expert:  Samuel II replied 1 year ago.

If the damage is less than $200 yes, that is what the Texas law says.

Expert:  Samuel II replied 1 year ago.

If the damage is more than $200 then it is going to be a class b and the penalty is as follows:

Sec. 12.22. CLASS B MISDEMEANOR. An individual adjudged guilty of a Class B misdemeanor shall be punished by:

(1) a fine not to exceed $2,000;

(2) confinement in jail for a term not to exceed 180 days; or

(3) both such fine and confinement

Expert:  Samuel II replied 1 year ago.

However, I suggest, there should not be any jail time unless you have a horrendous criminal background. And that the fine would be less than the $2000 max.

Customer: replied 1 year ago.
This is my car
Expert:  Samuel II replied 1 year ago.

Thank you. I am sorry to see you have damage. I am not a body repair shop and have no idea what it will cost.

Customer: replied 1 year ago.
I wouldn't go to jail or get finder printed but wouldn't this be on my criminal record?..... I don't have a criminal record but this would be the first of so
Expert:  Samuel II replied 1 year ago.

Yes, you would have a misdemeanor conviction, unless you have a local attorney who could negotiate a plea agreement for you where it is a deferred adjudication. That means once you complete a probationary period the matter would no longer be on your record.

Customer: replied 1 year ago.
Even if she hit me
Expert:  Samuel II replied 1 year ago.

Yes, because you left the scene. That's the criminal charge. But as I originally stated more than an hour ago, you left because you could not communicate with her as you could not understand her.

Expert:  Samuel II replied 1 year ago.

It is late here on the east coast and I will be signing off soon. If you have other questions, you can continue to post them here and I will reply first thing tomorrow. Or if you provide a positive rating for my time and information, and still have more questions in this regard, I will reply first thing in the morning. Thank you.