Dui Leaving The Scene Of An Accident – If you are wondering if you can flee the scene of an accident to avoid a DWI, keep reading this blog post. It is normal for a person to panic when they are involved in a car accident – especially if drinking is involved. Moreover, this panic becomes even stronger if it was caused by a person with DWI, or “driving while intoxicated.”
Having an accident in such circumstances will strengthen a person’s desire to escape from the scene of the accident. But is it legal to flee the scene of an accident and avoid a potential DWI charge from the authorities? The answer is very simple and we will try to ease your worries in this post.
Dui Leaving The Scene Of An Accident
All parties involved in an accident have an obligation to stay put. They have to wait until the police arrive to gather details about the accident. They will speak with those involved in the accident to determine the cause. The police also want to double check their details with witnesses if they were there. Evidence can also be collected on surveillance cameras, potentially in the area. Only after law enforcement has completed their initial investigation can either party leave.
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The parties themselves should also exchange their information with each other. After being told by the police, both parties can be treated for injuries and make insurance claims. It is possible that one party will press charges against the other after the accident and the investigation. A party may have reason to suspect that illegal activity or a DWI was the cause of the accident. If the police suspect that this is true, they have reason to eventually pursue those responsible.
These thoughts can lead to despair in a person who has been driving drunk. They may want to leave before the other party or especially the police suspect them.
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Leaving the scene of an accident before proper procedure is the definition of a hit and run. This is a serious crime regardless of whether illegal activity is involved. Both parties have an obligation to remain at the scene before the police arrive to gather details. How serious future costs can be depends on the severity of the accident. This violation can result in at least one misdemeanor. At most, this can lead to a crime.
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The temptation to leave the scene of an accident is great for anyone with a DWI. They might think that any other party would see them drunk, let alone the authorities. They know they will fail a breath test after being exposed to it. Escaping the scene seems like a good way to avoid this punishment. But the authorities have several ways to catch a person who does it.
Leaving the scene will avoid the immediate charge of a DWI if a party was really stressful. But doing so will have dangerous future consequences. Suspicion of guilt is immediately followed by a person fleeing the scene. The police could see this as an admission of guilt. This leads to the police vigorously investigating the party that was not left on the spot. Details of the driver and their vehicle are collected from the witnesses and the other party.
Fleeing the scene will also prevent a driver’s chance to clear their name. The party could have collected their own evidence of the accident. This can determine if they were really to blame for the cause. Maybe they had a negative breath test. They could then hire a lawyer to defend them.
Participating in a hit and run can result in higher charges compared to the potential DWI charge. Successful conviction of a hit and run will result in years behind bars. In some states and jurisdictions, it can result in up to 25 years.
Why You Should Never Leave The Scene After A Car Accident
Even if a person believes that they are not guilty, they should remain at the scene of the crime. The party’s testimony may be important to the police investigation. You will never know what the other party saw, or what details may be witnessed. The best idea is to avoid a higher cost.
The potential DWI charge is a better alternative to a hit-and-run charge. The next few days will be hard, but the punishment will be less. Facing the accident honestly will serve the person charged with a DWI better in court than pleading guilty.
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A person involved in a car accident is not allowed to run away afterwards. It may seem that it can even prevent the authorities from finding evidence of intoxication. But this is a bad idea. If you do, the party could face more serious charges. The police have many methods to catch a driver. The other party would have seen everything. Witnesses and surveillance cameras can provide more information. The best idea is to stay at the scene and get a DWI charge. Therefore, you cannot flee the scene of an accident to avoid a DWI. Stick around and follow the procedure.
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Louisiana criminal lawyers and DWI lawyers at Barkemeyer Law Firm provide legal defense services to clients in Baton Rouge, Ascension, Livingston, Tangipahoa, Port Allen, Alexandria, New Orleans, Lafayette, Metairie, Kenner, Gretna, Hahnville, Chalmette, Slidell, St. Tammany, St. Charles, St. John, St. Bernard, Mandeville, Covington, Shreveport, Bossier, Jefferson and all of Louisiana.
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The Barkemeyer Law Firm has multiple locations in Louisiana. Click on Office Locations to find out which office is right for you. Kent Ng was sworn in as a police officer in the early 90s and responded to and handled many vehicle accidents during his patrol work.
Everyone who takes basic driver training is taught that in the event of an accident, both drivers must stop, exchange information and, if necessary, call the police. Failure to do so can have serious consequences. Some call this a hit-and-run, others call it leaving the scene of the accident. The law uses the latter term, but the police generally call it a “hit-and-run” only when the driver hits a person or property and continues without stopping (as opposed to stopping and then fleeing later) . Either way, running away from the scene only makes things worse, and a person who does this needs to know the best way to minimize the problems it can cause. Why people leave the scene The first thing to realize is that there is no specific type of person who does this – in other words, anyone can suddenly find themselves with an urge to flee an accident scene. It could be that the car is a rental car and he or she has not taken the insurance option. Or they may accidentally lapse their insurance or registration. A person may flee if he or she has had a few beers and is worried about being charged with DWI. Other times it’s because the driver or a passenger is in the country illegally. Or maybe he or she has drugs (even a small amount) in the car. There is also a panic factor. If a person is injured in an accident, the police can conduct an investigation. Sometimes you see a person lying on the ground bleeding and just start thinking, “Oh my God! I’m going to be in trouble!” These circumstances can be enough to cause a wave of fear that leads to fleeing the scene. for example a gentle touch or knock on the bumper).Is it ever OK to leave the place? Simply put, it is always illegal to leave the scene of an accident. There are some times when it is understandable, but that does not make it legal. For example, your wife may be sitting in the car at work (hopefully she is fine ), or you received a phone call saying your house is on fire. But even then, you should stop and explain to the other driver. And none of those explanations help much if someone was injured or killed in the crash. The only thing I think I would slide would be if there was an imminent fear or threat of injury. starts waving a gun. Or if you’re a young woman driving alone, it’s dark outside, and that makes the situation unsafe. But again, the letter of the law says that even in these situations you have committed a crime. The question is whether a police officer will charge you and a judge will convict you. I once pulled a driver over at the foot of the highway for a simple traffic violation. Suddenly another driver
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