FAIRFAX VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT:
Misdemeanor Hit and Run charge under VA Code 46.2-896, was REDUCED to a non-criminal local Fairfax county ordinance with a fine of $50.
Fairfax County General District Court at 4110 Chain Bridge Road, Fairfax, Virginia 22030
Read more about Hit and Run Law: Virginia Hit and Run Laws, Penalties and Defenses for Charges in Alexandria, Fairfax, Arlington.
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Fairfax Law 82-8-1. Duty of driver to stop, etc., in event of accident; duty of occupant; reports additional to other accident reports required by this Article.153
(a)
The driver of any vehicle involved in an accident in which a person is killed or injured or in which an attended vehicle or other attended property is damaged shall immediately stop as close to the scene of the accident as possible without obstructing traffic and report forthwith to the police authority. In addition to the person struck and injured, if such person appears to be capable of understanding and retaining the information, or to the driver or some other occupant of the vehicle collided with or to the custodian of other damaged property, his name, address, operator’s or chauffeur’s license number and the registration number of his vehicle. The driver shall also render reasonable assistance to any person injured in such accident, including the carrying of such injured person to a physician, surgeon or hospital for medical treatment if it is apparent that such treatment is necessary or is requested by the injured person.
Where, as a result of injuries sustained in the accident, the driver is prevented from complying with the above provisions, the driver shall, as soon as reasonably possible, make the required report to the police authority and make a reasonable effort to locate the person struck, or the driver or some other occupant of the vehicle collided with, or the custodian of the damaged property and report to such person or persons his name, address, operator’s or chauffeur’s license number and the registration number of his vehicle.
(b)
If the driver fails to stop and make the report required by paragraph (a) of this Section, any person in the vehicle with the driver at the time of the accident who has knowledge of the accident shall report within twenty-four (24) hours from the time of the accident to the Chief of Police, his name, address and such other information within his knowledge as the driver must report pursuant to paragraph (a) of this Section.
(c)
The driver of any vehicle involved in an accident in which no person is killed or injured but in which an unattended vehicle or other unattended property is damaged shall make a reasonable effort to find the owner or custodian of such property and shall report to the owner or custodian the information which the driver must report pursuant to paragraph (a) of this Section if such owner or custodian is found. If the owner or custodian of such damaged vehicle or property cannot be found, the driver shall leave a note in a conspicuous place at the scene of the accident and shall report the accident in writing within twenty-four (24) hours to the Chief of Police. Such note and written report shall contain the information which the driver must report pursuant to paragraph (a) of this Section and such written report shall state in addition the date, time and place of the accident and the driver’s estimate of the property damage.
Where, as a result of injuries sustained in the accident, the driver is prevented from complying with the above provisions, the driver shall, as soon as reasonably possible, make the required report to the Superintendent, or to the Chief of Police and make a reasonable effort to find the owner or custodian of the unattended vehicle or property and report to such person or persons such information as is required to be reported pursuant to Paragraph (a) of this section.
(d)
If the driver fails to stop and make a reasonable search for the owner or custodian of an unattended vehicle or property or to leave a note for such owner or custodian as required by paragraph (c) of this Section, any person in the vehicle with the driver at the time of the accident who has knowledge of the accident shall report within twenty-four (24) hours from the time of the accident to the Chief of Police, his name, address and such other facts within his knowledge as are required by paragraph (c) of this Section to be reported by the driver.
(e)
The reports required by this Section are in addition to other accident reports required by this Chapter or state law and shall be made irrespective of the amount of property damage involved.
(f)
The provisions of this Section shall apply irrespective of whether such accident occurs on the public streets or highways or on private property. ((3-13-63; 1961 Code, § 16-208; 9-78-82.)
Section 82-8-2. Penalty for violating Section 82-8-1.154 [] permanent link to this piece of content
(a)
Any person convicted of violating the provisions of Section 82-8-1 shall, if such accident results in injury to, or the death of, any person, be punished:
(1)
By confinement in the penitentiary for not less than one (1) year nor more than five (5) years;
(2)
By confinement in jail for not less than thirty (30) days nor more than one (1) year;
(3)
By a fine of not less than Fifty Dollars ($50.00) nor more than Five Thousand Dollars ($5,000.00); or
(4)
By both such confinement in the penitentiary or in jail and such fine.
(b)
If such accident results only in damage to property, the person so convicted shall be deemed guilty of a Class 1 misdemeanor and punished in accordance with Section 82-1-35; provided, if the vehicle or other property struck is unattended and such damage be less than Fifty Dollars ($50.00), such person shall be punished only by a fine not exceeding Fifty Dollars ($50.00). ((3-13-63; 1961 Code, § 16-209; 19-79-82.)
