If you leave the scene of an accident, you could be charged with a hit and run offense in North Carolina. While this crime is often a misdemeanor, it can also be charged as a felony. You need to immediately contact an experienced traffic ticket attorney to mount an aggressive defense strategy if you are accused of a hit-and-run crime.
What Is Reckless Driving in North Carolina?
A person can be charged with a hit and run as a misdemeanor in several ways. Under N.C.G.S. 20.166, it is considered a Class 1 misdemeanor to:
- Fail to give information or assistance when someone suffers a personal injury or death in a crash
- Fail to stop when it is not apparent that an individual was hurt or killed or when only property damages occurred
- Fail to give information when an injury or death was not obvious or when only property damages occurred
It is a Class 2 misdemeanor to fail to report an accident under N.C.G.S. 20.166.
When Is a Hit and Run Charged as a Felony?
A hit and run would be charged as a felony in the following two situations under N.C.S. 20.166:
- It would be a Class F felony to fail to stop or stay at the accident scene when a victim suffered a severe bodily injury or was killed.
- It would be a Class H felony to fail to stop when a personal injury occurred in the collision.
A serious bodily injury creates a substantial risk of death, causes permanent disfigurement or pain, or results in an extended hospitalization.
Prosecutors must meet the high standard of proof known as reasonable doubt to convict a person of a felony hit and run. The elements of a Class H felony hit and run require that:
- A person knew that the accident caused a victim’s injury or death.
- They willfully refused to stop at the crash scene.
- They failed to remain at the scene until the police completed their investigation.
- They willfully allowed or facilitated the removal of a vehicle before the investigation by law enforcement officials was completed.
