Hit & Run Defense
Houston DWI Lawyer Tad A. Nelson
405 Main St. #840, Houston, TX 77002 • 281-502-2122
Facing Criminal Charges For “Hit & Run”?
Get Help Today! Call Attorney Tad Nelson at 281-502-2122.
Hit & run situations are frightening events for the victim and their families. These type of vehicle incidents should be addressed quickly by the offending driver for the benefit of all parties involved. Individuals who are accused of hit & run or believe they may have hit someone or something should return to the scene of the incident and address the matter for their ultimate benefit from a criminal defense standpoint and to assist the victim.
In the state of Texas, vehicle accidents in which property damage or personal injury resulted, where the responsible party left the scene without leaving information or rendering aid, are crimes. These offenses are technically referred to as Failure To Stop & Give Information (FSGI) & Failure To Stop & Render Aid (FSRA). Incidents of this nature are criminal offenses in Texas.
If you’re facing prosecution for a hit & run offense or believe you may be, it’s essential to have an awareness of your legal options. If you need our help, it’s not uncommon for our office to help people charged with these offenses and to get hit & run cases dismissed. If you need to discuss a case like this or a similar matter with an experienced criminal defense attorney, call Tad Nelson today at 281-502-2122.
FSGI, FSRA, and Texas Law
How Texas Law Applies To Hit & Run Incidents
The law in Texas is clear; if a person is driving their vehicle and they accidentally cause property damage or an injury, they’re required to immediately address the situation by giving aid to the injured party and/or giving contact information to the owner of any damaged property.
The law is also clear about leaving the scene of an accident without giving aid or sharing contact information; it’s illegal.
Whether loss of life occurred as a result of the accident, in addition to other circumstances, will be determining factors in the Harris County District Attorney’s Office seeking misdemeanor or felony criminal charges.
If you’re convicted in a Texas court of law for leaving the scene of an accident, the penalties are to ensure consequences that punish evasion & responsibility abandonment. If convicted, the repercussions can be severe.
If you’re convicted of not stopping after an accident, you’ll face monetary fines, potential jail sentencing, a criminal record that will follow you for the rest of your life, and the suspension or revocation of your Texas Driver License. With the right lawyer on your side, you can get the best possible result in the resolution of your case. Whether you’re facing criminal charges in Harris County or Galveston County, we’ll provide top-notch legal representation for your case. If you have any questions, call our legal team today at 281-502-2122.
The Law: Plain and Simple
Texas Law As Written in the Penal Code
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:
- 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;
- if requested and available, show the operator’s driver’s license to a person described by Subdivision (1); and
- 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.
Sec. 550.024. DUTY ON STRIKING UNATTENDED VEHICLE.
- (a) The operator of a vehicle that collides with and damages an unattended vehicle shall immediately stop and:
- locate the operator or owner of the unattended vehicle and give that person the name and address of the operator and the owner of the vehicle that struck the unattended vehicle; or
- leave in a conspicuous place in, or securely attach in a plainly visible way to, the unattended vehicle a written notice giving the name and address of the operator and the owner of the vehicle that struck the unattended vehicle and a statement of the circumstances of the collision.
- (b) A person commits an offense if the person violates Subsection
- (a) An offense under this section is:
- a Class C misdemeanor, if the damage to all vehicles involved is less than $200; or
- a Class B misdemeanor, if the damage to all vehicles involved is $200 or more.
Sec. 550.025. DUTY ON STRIKING STRUCTURE, FIXTURE, OR HIGHWAY LANDSCAPING.
- (a) The operator of a vehicle involved in an accident resulting only in damage to a structure adjacent to a highway or a fixture or landscaping legally on or adjacent to a highway shall:
- take reasonable steps to locate and notify the owner or person in charge of the property of the accident and of the operator’s name and address and the registration number of the vehicle the operator was driving;
- if requested and available, show the operator’s driver’s license to the owner or person in charge of the property; and
- report the accident if required by Section 550.061.
- (b) A person commits an offense if the person violates Subsection (a). An offense under this section is:
- a Class C misdemeanor, if the damage to all fixtures and landscaping is less than $200; or
- a Class B misdemeanor, if the damage to all fixtures and landscaping is $200 or more.
Legal Defenses for Leaving the Scene of an Accident
You Weren’t Driving The Vehicle
A common defense to prosecution for Failure to Stop & Render Aid or Give Information is that the person charged with the offense was not operating the vehicle at the time of the accident. This can happen in situations where a family vehicle is shared, when a company vehicle is shared, or in other situations when a person is operating a shared vehicle.
You Didn’t Know There Was An Accident
Another defense to hit & run is that you weren’t aware of the accident. This defense is commonly used by truckers who operate massive vehicles during the course of their day-to-day work. Motorists of passenger vehicles may also use this defense from time to time.
In short, if we can provide reasonable doubt to a jury that you intentionally left the scene of an accident, this legal defense may be worth exploring.
It Wasn’t Me
Obviously, to gain a conviction, the state must prove beyond a reasonable doubt that you were the person that committed the offense. If it wasn’t you, then it wasn’t you. If we can provide reasonable doubt to a jury that the police arrested the wrong party or that your vehicle wasn’t involved in the accident, the state will have to drop or dismiss the criminal charges.
If you have questions about your particular situation, call our law firm and speak to a defense attorney today.
Facing Criminal Charges for Hit & Run?
Get Help Today. Call Attorney Tad Nelson.
Attorney Tad Nelson has been instrumental in successfully defending hundreds of Houstonians accused of Hit & Run Offenses. If you know you hit and injured someone or damaged private property and want to address the situation, we can help you.
If you were already criminally charged in Houston for a hit-and-run offense like FSGI or FSRA, call 281-502-2122 for help. Ask for attorney Tad Nelson or Amber Spurlock. In addition to contacting us by phone, if you prefer to send us a discreet message, use the link to the contact page below.