Defenses to Hit and Run Offenses
Raising the right defenses is crucial when fighting hit and run charges. The right defense can establish that you did not commit the crime or raise reasonable doubt, which can prevent the prosecutor from proving their case beyond a reasonable doubt—which is a high standard of proof to meet.
At Browning & Long, PLLC, our knowledgeable lawyers are former prosecutors who understand how the prosecution will try to convict someone charged with a hit and run crime. We know how important it is to thoroughly investigate the circumstances surrounding a hit and run arrest to develop a defense strategy tailored to achieve the best result for our clients. Here are some defenses that can work in these cases—even if you believe you are guilty.
Lack of Knowledge
Knowledge is a key element that the prosecutor must prove to convict you of causing a hit and run accident. Depending on the facts of your case, you may be able to argue:
- You did not know that you were involved in an accident.
- You did not know that the collision caused any property damage, personal injuries, or death.
Leaving the Scene Temporarily
Depending on your situation, you may be able to argue that you only left the scene temporarily and intended to return. You would need to show that you had a legitimate reason for leaving.
Responding to an Emergency
If you got in a hit and run accident while driving due to an emergency, you may be able to argue that this was a valid reason not to stop. This defense could work if you were driving to the hospital or urgent care facility due to a medical emergency someone else or you were experiencing or you had another family or other crisis.
Mistaken Identity
In a hit and run accident, the accused must be identified by the police, victim, or witnesses in some fashion. It may be possible to challenge your identification as the person who committed the crime even if you believe you are guilty.
False Accusation
Unfortunately, the police make mistakes and sometimes falsely accuse people of a crime they did not commit. If you are innocent of causing a hit and run accident, proving that you were falsely accused could result in the charges against you being dismissed.
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