Outline of the Legal Requirements After an Accident in Georgia After Recent Conviction of Felony Hit and Run

According to reports, Robert Thien-An Huynh hit a 16-year-old girl with his car as she was walking along a road in Henry County last June. Since then, Huynh has pleaded guilty to felony hit and run and tampering with evidence. 

After hitting the girl, he drove home and scrubbed every part of his vehicle until it was clean. Investigators found a part of the car at the scene of the accident and linked it to his vehicle, and he was then arrested. 

Huynh has been sentenced to five years in prison followed by two years of probation. 

As a Georgia DUI Lawyer, I've represented plenty of cases that deal with both leaving the scene of an accident and DUI in Georgia. In today's post, I will outline the legal requirements of what happens when you get into an accident in Georgia as the violations of those requirements result in the offense of hit and run in Georgia.

Legal Requirements After an Accident in Georgia

The Georgia Code outlines the legal requirements of all drivers should they be involved in an accident. The obligations are include:

• Exchange personal information with other involved parties (name, address, vehicle registration information)
• Display a valid driver's license upon request
• Provide reasonable assistance to anyone who was injured in the accident and/or transport him or her to the closest medical facility for treatment, if necessary, and
• Contact emergency medical services and police. O.C.G.A. §40-6-270.

The law goes on to state that all drivers involved in an accident are legally required to remain at the scene until all of the above mentioned responsibilities have been fulfilled. These obligations exist whether or not you were the primary cause of the accident. 

Therefore, there are two requirements that must be fulfilled in order to be charged with the offense of leaving the scene of an accident in Georgia. First, the accused driver must be involved in a car accident. And second, the accused driver must leave the scene of the accident before fulfilling his or her obligations as prescribed by law (the obligations listed above).

Practice Note

A hit and run charge can be classified as either a misdemeanor or a felony offense. 

If the hit and run accident involves personal injury or occupied vehicles or any type of property damage, then it will most likely be considered a felony offense. The penalty can include one to five years of prison time, fines, probation, and Georgia Driver’s License suspension.

If the hit and run accident does not involve any personal injury or occupied vehicles, then it might be charged as a misdemeanor. The penalty can include up to twelve months of jail time and up to $1,000 in fines.

Bottom line - if accused of a hit and run in Georgia, you are facing some serious penalties. And if your case includes a DUI, then the Georgia DUI Penalties will be exacerbated if convicted. 

If you or a loved one has been charged with a DUI in Georgia or hit and run or both, contact our offices today. We have over 50 years of combined experience and focus solely on these types of offenses.