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Hit-and-Run Defense in Missouri
Admin • October 4, 2018
Hit-and-run car accidents are serious and often even fatal. Even if you were not at-fault for the initial accident or you caused two other cars to hit each other, you may face charges in criminal court.
When you are involved in a car accident, you have several responsibilities, including pulling over to a safe location to exchange insurance information. You must also provide assistance for anybody who is injured and await any necessary police or ambulance response.
Missouri enforces strict laws regarding leaving the scene of an accident, and the penalties can be serious. While a hit-and-run is often a Class A misdemeanor, the charge may be elevated to Class E in the event that an individual was injured in the accident or the cost of damage is more than $1,000. Charges may be elevated again to a Class D felony if the accident resulted in death.
Fortunately, you can work with your legal team to build a solid defense regarding your hit-and-run charges. If you experienced these conditions surrounding the accident, you could build a strong case.
Involuntary Intoxication
Many drivers may leave the scene of an accident because they are driving under the influence and do not want to face the associated consequences. However, if you left a bar or party and did not realize you had been drugged, you might not have all your faculties about you.
While proving you were intoxicated involuntarily may be difficult, an attorney will help you find witnesses and other evidence. Your attorney must demonstrate that you had a lack of intent to leave the scene and would have stayed if not for the involuntary intoxication.
Emergency Response
Perhaps you were on your way to the hospital or you were in the midst of a medical crisis. Your medical condition may even have prompted you to be unable to realize you were in an accident in the first place.
Diabetic shock and seizure may prompt a driver to be in an accident, but this is not necessarily a defense on its own. You need an attorney to help you examine if this is the best defense for you.
Ignorance of Accident
The possibility of hitting a person, vehicle, or object without realizing it may be slim, but you can make a case based on simply not knowing you hit anything. If you can prove you were unaware of the accident, you may face smaller charges based on reckless driving or negligence.
Limited Injuries
If you were the only individual injured or suffering from damage caused by the accident, you could have a good case. In court, you must prove that nobody else was significantly impacted by the accident.
Unsafe Conditions
In some situations, you may not find pulling over to be a safe option. Perhaps the other individual involved in the accident was threatening you or you were on a busy, dark road and felt the other individual caused the accident on purpose to trap you.
On the other hand, you may run into some issues if you use this defense but did not call the police or another emergency number.
Defending against hit-and-run charges is often difficult because many defendants do not have the ability to support their claims with photos, videos, and other types of evidence. But accident reconstructionists can help you build a case. Your attorney also helps you gather evidence, including medical bills and witness statements, so you can present the best possible defense in court.
Are you looking for a solid defense? David Naumann & Associates
may be able to help you. Call our offices today to set up a consultation with our professionals.
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