Ned Michie
​Attorney at law

Charged with

Hit and Run?

Free Consultation and Reasonable Rates
Office in Charlottesville, Virginia
​
​​(434) 296-1198

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Personal Attention to Every Case

​Representing Central Virginia Clients 
​for Over 30 Years

Experience Matters

I've been honored to be chosen by multiple lawyers and law professors for
​legal representation of themselves or their family members on criminal and traffic cases. 
​Let me put my experience to work for you.

Hit and Run / Leaving the Scene

The outcome of all traffic cases
can be greatly affected by:

Whether You Decide to Hire an Attorney
&
20 COMMON ISSUES and DECISIONS 
(follow the link to learn more)

Virginia law makes a distinction between what has to happen if you are in:

1. an accident involving other people  (i.e. an accident causing injuries to people and/or damage to "attended" vehicles and property)  versus
2. an accident involving no injury and "unattended property" (e.g. an accident hitting a parked car with no one in it, a lamppost, guardrail. . .)

The Reporting Laws Apply Whether the Accident is on Public or Private Property and
Regardless of the Amount of Damage (see Va. Code ​§§ 46.2-898, 46.2-899

Leaving the Scene of an Accident Involving Other People

In accidents involving other people, the key statute is as follows:
​
"Va. Code § 46.2-894. Duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property; penalty.  [click above link to ensure latest version]

​     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, as provided in § 46.2-888, and report his name, address, driver's license number, and vehicle registration number forthwith to the State Police or local law-enforcement agency, 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. The driver shall also render reasonable assistance to any person injured in such accident, including taking such injured person to a physician, surgeon, or hospital if it is apparent that medical treatment is necessary or is requested by the injured person.
     Where, because of injuries sustained in the accident, the driver is prevented from complying with the foregoing provisions of this section, the driver shall, as soon as reasonably possible, make the required report to the State Police or local law-enforcement agency 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, driver's license number, and vehicle registration number.

     Any person convicted of a violation of this section is guilty of (i) a Class 5 felony if the accident results in injury to or the death of any person, or if the accident results in more than $1000 of damage to property or (ii) a Class 1 misdemeanor if the accident results in damage of $1000 or less to property.
​
Code 1950, § 46-189; 1958, c. 541, § 46.1-176; 1970, c. 59; 1977, c. 267; 1982, c. 503; 1984, c. 780; 1989, c. 727; 1997, c. 431; 2001, c. 808; 2002, c. 115; 2005, c. 131."  (emphasis added)

Leaving an Accident Scene Involving Unattended Property

In accidents involving no injury and only unattended property (regardless of the amount of damage), the key statute is as follows:

"Va. Code § 46.2-896. Duties of driver in event of accident involving damage only to unattended property.
[click above link to ensure latest version]
     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 is required to report pursuant to § 46.2-894 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 or other sufficient information including driver identification and contact information in a conspicuous place at the scene of the accident and shall report the accident in writing within 24 hours to the State Police or the local law-enforcement agency. Such note or other information and written report shall contain the information that the driver is required to report pursuant to § 46.2-894. The written report shall, in addition, state the date, time, and place of the accident and the driver's description of the property damage.
      Where, because of injuries sustained in the accident, the driver is prevented from complying with the foregoing provisions of this section, the driver shall, as soon as reasonably possible, make the required report to the State Police or local law-enforcement agency and make a reasonable effort to locate the owner or custodian of the unattended vehicle or property and report to him the information required by § 46.2-894.
​
Code 1950, § 46-189; 1958, c. 541, § 46.1-176; 1970, c. 59; 1977, c. 267; 1982, c. 503; 1984, c. 780; 1989, c. 727; 1997, c. 431; 2005, c. 137." (emphasis added)

Passenger's Duty to Report an Accident

     If you are age 16 years or older and are a passenger in a vehicle in an accident you are required by a couple Virginia laws to report the accident to law enforcement within 24 hours if the driver has left the scene. 
​For details, see:
Va. Code ​§ 46.2-895
Va. Code § 46.2-897

Penalties

The standard potential penalties that go along with Misdemeanors and Felonies of course apply.
(Follow Link to Learn More).   

Va. Code ​§ 46.2-900 provides:
"Any person convicted of violating the provisions of §§ 46.2-895 through 46.2-897 shall, if such accident results in injury to or the death of any person, be guilty of a Class 6 felony. If such accident results only in damage to property, the person so convicted shall be guilty of a Class 1 misdemeanor; however, if the vehicle or other property struck is unattended and such damage is less than $250, such person shall be guilty of a Class 4 misdemeanor. A motor vehicle operator convicted of a Class 4 misdemeanor under this section shall be assigned three demerit points by the Commissioner of the Department of Motor Vehicles."

Code 1950, § 46-190; 1958, c. 541, § 46.1-177; 1962, c. 302; 1973, c. 8; 1979, c. 653; 1989, c. 727; 1992, c. 279; 2001, c. 808.

In addition, the judge has the power to suspend a driver's license for up to six months, depending on the facts.  

Specifically, Va. Code ​§ 46.2-901 provides:

"Any person convicted of violating the provisions of §§ 46.2-894 through 46.2-897 may be punished, in addition to the penalties provided in §§ 46.2-894 and 46.2-900, if such accident resulted only in damage to property and such damage exceeded $500, by suspension of his license or privilege to operate a motor vehicle on the highways of the Commonwealth for a period not to exceed six months by the court. This section shall in no case be construed to limit the authority or duty of the Commissioner with respect to revocation of licenses for violation of §§ 46.2-894 through 46.2-897 as provided in Article 10 (§ 46.2-364 et seq.) of Chapter 3 of this title. Any license revoked under the provisions of this section shall be surrendered to the court to be disposed of in accordance with the provisions of § 46.2-398."

1968, c. 493, § 46.1-177.1; 1984, c. 780; 1989, c. 727; 2001, c. 808.