Greeley Failing
To Stop At The
Attorney

Bruno Lilly LeClere

Anyone involved in a Colorado traffic accident must stop and render aid to injured victims. Shockingly, hundreds of motorists each year flee the scene. As a result, they can face serious consequences if arrested by the police and charged with a crime.

Contact Bruno Lilly LeClere today to speak with a criminal defense lawyer at our firm. We have handled all sorts of criminal cases for our clients, including those related to traffic accidents. A Greeley failing to stop at the scene attorney will listen to your story and review what penalties you face. Our firm has won many cases that other firms refuse to even accept. Contact us to schedule a confidential meeting.

Is Fleeing the Scene a Misdemeanor or Felony?

Colorado will classify an offense based on various factors. The most significant is the degree of damage you cause when crashing. It’s possible to face either a misdemeanor or a felony. Any offense is serious.

Accidents Involving Only Property Damage

Under Colorado Revised Statutes § 42-4-1602, a driver must “immediately stop” without obstructing traffic and provide certain information to the other driver:

• Name
• Address
• Registration number for the vehicle

If asked, a driver should also exhibit their driver’s license to the person or driver of the vehicle they struck.

If you fail to fulfill these duties, then you can face a Class 2 misdemeanor traffic offense. That will carry penalties of 10 to 90 days in jail and/or a fine of up to $300. A defendant can also be ordered to pay restitution to victims and perform community service.

You must stop even if the vehicle you struck is unattended. C.R.S. § 42-4-1604 requires that you must first try to find the driver and provide the information above. If the driver can’t be found, then you must attach in a conspicuous place on the vehicle a written notice containing name, address, and registration.

Accidents Involving Minor Bodily Injuries

Motorists have to stop and provide the required information when they cause bodily injuries. You also must provide reasonable assistance to anyone hurt by the crash, which might include calling an ambulance for them or even transporting them to the hospital.

An offense is a Class 1 misdemeanor traffic offense, which can result in 10 days to 1 year in jail and/or a maximum $1,000 fine.

Accidents Which Cause Serious Bodily Injury

This is an even more serious offense. Fleeing the scene after causing serious bodily injury is a Class 4 felony, which can send someone to prison for 2-6 years and lead to fines ranging from $2,000 up to $500,000. The state will also revoke your driver’s license.

What is the dividing line between “minor” and “serious” injuries? It’s sometimes hard to say. Colorado defines an injury as serious if there is a “substantial risk” of:

• Death;
• Serious and permanent disfigurement;
• Protracted loss or impairment of any organ or body part;
• Second or third-degree burns ;
• Fractures or breaks.

Anyone involved in an accident should stop, regardless of the severity of the injury.

Fatal Accidents

If someone dies as the result of the accident, then you are facing the most serious offense, a Class 3 felony charge. A defendant can face 4-12 years in prison and/or a maximum $750,000 fine, and a revocation of your license.

Downstream Effects of Any Conviction

Even a misdemeanor traffic charge is a major problem. We encourage you to immediately address it. Any traffic misdemeanor can cause headaches later:

• Family law and custody disputes. A judge might think you’re a danger in a family law dispute if you are convicted of a driving offense that endangers someone else.
• Loss of civil rights. A convicted felon in Colorado loses their right to vote while serving out a sentence of incarceration or detention.
• Loss of gun rights. Convicted felons lose the right to legally possess a firearm. You will be charged if you ignore this law.
• Increased car insurance premiums. You can expect your insurer to crank up your insurance premiums.

Who Do We Defend Our Clients from These Charges?

Anyone accused of fleeing the scene should immediately call our law office to speak with an attorney. We might raise any of these defenses if the facts support them:

• No failure to stop. You might have driven a little bit down the road to find an appropriate place to stop so that you weren’t obstructing traffic. We can argue you weren’t fleeing the scene; instead, you were concerned for public safety.
• No injury. You shouldn’t face increased penalties for bodily injury if no one was hurt in the accident. At most, you would face charges for an accident causing only property damage.
• Lack of knowledge. You might have grazed a vehicle and been completely unaware that you were involved in a crash. There was no reason to stop.
• Mistaken identity. Someone else could have been driving the vehicle, while you were a passenger. It’s not a crime to be a passenger in a car that doesn’t stop. The state always needs proof beyond a reasonable doubt to secure a conviction.
• Defects in the investigation. The police might have searched your vehicle without permission or a search warrant and found evidence. We can ask a judge to suppress this illegally obtained evidence, and your case might fall apart if a judge agrees.

Contact our office so we can dig into the facts surrounding the accident and arrest. The less that you say after an arrest, the better. Instead of answering questions, pointedly say you want a lawyer and then remain silent. We can meet clients at any jail.