NYC Leaving the Scene of an Accident Lawyer
Being charged with leaving the scene of an accident in New York is a serious matter that can result in criminal charges, jail time, steep fines, license suspension, and a permanent criminal record. Under New York Vehicle and Traffic Law Section 600, drivers involved in accidents are required to stop, provide identifying information, and render assistance to anyone who may be injured. When a driver fails to meet these obligations, the consequences escalate rapidly depending on the circumstances. At Sosinsky Law, criminal defense attorney Fred Sosinsky has spent more than 30 years defending clients against all manner of criminal charges in New York City, including hit-and-run and leaving the scene charges that carry the potential for felony prosecution.
Understanding New York VTL Section 600
New York Vehicle and Traffic Law Section 600 establishes the legal duties of a driver involved in a motor vehicle accident. The statute is divided into sections based on the severity of the accident, and the penalties increase dramatically when personal injury or wrongful death is involved.
VTL 600(1): Accidents Involving Property Damage
Under VTL 600(1), a driver involved in an accident that results in damage to property is required to stop, exhibit their license and insurance information, and provide their name and address to the other driver or property owner. A violation of this section is classified as a traffic infraction, which is not a criminal offense. However, it carries penalties of up to 15 days in jail, a fine of up to $250, and 3 points on the driver’s license. While this is the least serious category of leaving the scene charges, it can still create complications for individuals who are on probation, have pending cases, or hold professional licenses.
VTL 600(2): Accidents Involving Personal Injury
When an accident involves personal injury, the stakes rise substantially. VTL 600(2) requires the driver to stop, provide identifying information, render reasonable assistance to the injured person, and report the accident to police. The penalties under this section depend on the nature of the violation and the severity of the injuries.
If the violation is limited to failing to exhibit license and insurance information, it is classified as a Class B misdemeanor, punishable by up to 90 days in jail and a fine of $250 to $500. If the violation involves failing to stop at the scene entirely, it is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. When the injured person suffered a serious physical injury as defined under New York Penal Law, the charge is elevated to a Class E felony, carrying up to 4 years in state prison and a fine of $1,000 to $5,000. And when the accident results in death and the driver failed to stop, the charge becomes a Class D felony, punishable by up to 7 years in state prison and a fine of $2,000 to $5,000.
Why People Leave the Scene of an Accident
There are many reasons why a driver may leave the scene of an accident, and understanding those reasons is central to building an effective defense. In our experience, the most common circumstances include the following.
Intoxication by Drugs or Alcohol
One of the most frequent reasons drivers flee the scene of an accident is that they were under the influence of alcohol or drugs at the time of the collision. The fear of facing DWI charges, which carry their own severe penalties including mandatory license revocation, ignition interlock requirements, and potential jail time, drives many people to make the impulsive decision to leave. Unfortunately, leaving the scene creates additional criminal exposure on top of the underlying DWI charges, and it eliminates the possibility of challenging blood alcohol levels that may have been below the legal limit at the time of the accident. Our firm represents clients facing both leaving the scene and DWI charges, and we understand how to address the interplay between these offenses.
Invalid or Suspended Driver’s License
Drivers who do not have a valid license, or whose license has been suspended or revoked, often panic when involved in an accident because stopping would immediately expose them to additional charges for unlicensed or aggravated unlicensed operation of a motor vehicle. While this fear is understandable, leaving the scene transforms what might have been a traffic offense into a criminal matter with far more serious consequences.
Outstanding Warrants
A driver who knows they have an outstanding warrant for their arrest may leave the scene because they fear that any interaction with police will result in their immediate arrest on the open warrant. This is particularly common among individuals who have missed court dates, violated the terms of a previous release, or have unresolved charges pending in another jurisdiction.
Probation or Parole Violations
Individuals who are currently on probation or parole face the additional concern that any new arrest, even for a minor traffic offense, could trigger a violation of their supervision and result in incarceration on the underlying sentence. The decision to leave the scene is often driven by the fear that stopping will lead to a cascade of consequences extending far beyond the accident itself. Our
NYC criminal defense lawyer has extensive experience representing clients whose leaving the scene charges are complicated by existing probation or parole obligations.
Lack of Awareness of the Accident or Injury
Not every case of leaving the scene involves a deliberate decision to flee. In some situations, the driver genuinely did not realize that an accident occurred, particularly in minor collisions involving large vehicles, congested traffic, or poor weather conditions. Similarly, a driver may have been aware of a collision but had no reason to believe that anyone was injured. These circumstances can form the basis of a strong defense because VTL 600 requires that the driver knew or should have known that an accident resulting in injury or property damage occurred.
Defending Against Leaving the Scene Charges in New York
Effective defense strategies in VTL 600 cases depend on the specific facts and circumstances, but commonly include the following approaches.
Lack of Knowledge
If the prosecution cannot prove that the defendant knew or should have known that an accident occurred or that someone was injured, the charge cannot stand. This defense is particularly relevant in cases involving minor contact, large commercial vehicles, and situations where weather or road conditions made it difficult for the driver to perceive the collision.
Challenging Identification
In many hit-and-run cases, the prosecution relies on witness descriptions, surveillance footage, or circumstantial evidence to identify the driver. If the identification evidence is weak, inconsistent, or unreliable, challenging the government’s proof that the defendant was the person driving the vehicle at the time of the accident can be an effective defense.
Compliance with Reporting Requirements
VTL 600 establishes specific duties for drivers involved in accidents. A defendant who can demonstrate that they substantially complied with those duties, for example by returning to the scene after initially leaving or by reporting the accident to police within a reasonable time, may be able to mitigate the charges or negotiate a favorable resolution.
Mitigating Circumstances at Sentencing
When a conviction is likely, presenting mitigating circumstances to the court can significantly influence the sentence. Our
federal sentencing advocacy lawyer brings the same meticulous preparation to state court sentencing proceedings, presenting evidence of the defendant’s character, personal circumstances, and the reasons behind their decision to leave the scene.
Collateral Consequences of a Leaving the Scene Conviction
Beyond the immediate criminal penalties, a conviction for leaving the scene of an accident in New York carries significant collateral consequences. A felony conviction under VTL 600(2) creates a permanent criminal record that can affect employment, housing, and professional licensing. The New York DMV will impose mandatory license revocation for felony leaving the scene convictions, and insurance rates will increase dramatically. For non-citizens, a criminal conviction can trigger
immigration consequences including deportation proceedings, making experienced legal representation essential for anyone facing these charges.
Contact a New York City Leaving the Scene of an Accident Lawyer
If you have been charged with leaving the scene of an accident under VTL 600 in Manhattan, Brooklyn, Queens, the Bronx, or anywhere in the New York City area, you need an attorney who understands how to defend these cases and protect your record, your license, and your freedom. Contact Sosinsky Law at (212) 285-2270 for a free and confidential consultation. Attorney Fred Sosinsky brings more than 30 years of criminal defense experience to every case.