Leaving the Scene (Hit and Run)

In Massachusetts, underMGL c. 90 s. 24, failure to stop after a collision and either exchange information with the other driver, or contact the police, is a misdemeanor that carries the following potential penalties:

• $200 fine
• 2 years in jail
• 60 day license loss (minimum), up to 1 year license loss

In order to be convicted of this offense, the prosecution must prove that you knew of the collision or property damage. In a case where the "damage" is just a scratch on the other car, or a flower you're alleged to have run over, the prosecution will likely have a difficult time proving that you knew of the "collision." You can't be expected to stop and exchange information or call the police for something that you did not know even occurred. For cases involving more extensive damage, a reasonable jury can infer that you knew there had been some sort of collision.

In Massachusetts, leaving the scene of personal injury carries a minimum sentence of 6 months in the house of corrections. The law prohibits their charge from continued without a finding. In many cases where the facts and evidence made the case far too risky to take to trial, we've been able to arrange a deal where the 6 month sentence could be suspended, meaning our client did not actually spend a day in jail. Prosecutors take this charge very seriously, especially when the injured victim is seeking to have you prosecuted to the fullest extent of the law. A prejudgment accord and satisfaction, where we work out an arrangement to pay the victim's medical bills and other expenses, can often be helpful in working out a more favorable deal for this criminal charge.

• 6 months in jail (minimum) up to 2 years in jail
• $500 fine (minimum) up to $1,000 fine
• 1 year license loss (minimum), up to indefinite license loss**

** A subsequent conviction for this offense carries a minimum 2 year license loss.

In Massachusetts, leaving the scene of personal injury resulting in death is a felony with a mandatory minimum jail sentence of 1 year. The stakes are very high, and so is the level of care and attention that goes into defending these cases. Accident reconstruction, medical and autopsy reports, and eyewitness accounts must be carefully analyzed by a skilled criminal defense attorney. We have had success in representing clients charged with this offense. We fully investigate the evidence, review the state's accident reconstruction report AND utilize our own expert to contest the evidence against our client. We investigate the state's witnesses against our client, and look for ways to undermine such witnesses; eyewitness testimony is notoriously unreliable. As the result of our thorough litigation in defending these cases we have even convinced district attorneys to reduced this charge to leaving the scene of personal injury, which takes the minimum mandatory 1 year jail sentence for this charge off the table. 

• 1 year in jail (minimum), up to 10 years in state prison
• $1,000 fine (minimum) up to $5,000 fine
• 3 year license loss (minimum), up to indefinite license loss*

*A subsequent conviction for this offense carries a minimum 10 year license loss.

Please click here for further details about this charge on our sister website, massduidefenselawyer.com, which is dedicated exclusively to motor vehicle crimes.

If you have been charged with leaving the scene of property damage or leaving the scene of personal injury in Massachusetts, contact our office immediately: (617) 830-2188