Failure to Stop and Render Aid
Montgomery County Criminal Defense Attorney Brian Foley handles cases of Failure to Stop and Render aid or Failure to Stop and Give information in Montgomery County, Texas, The Woodlands, Texas, and Conroe, Texas.
What is Failure to Stop and Render Aid?
The Texas Transportation Code Sec. Sec. 550.023 requires all drivers who are involved in an accident resulting in injury or death of a person or damage to a vehicle that is driven or attended by a person to:
1. Give your name and address and registration number of the vehicle and insurance information.
2. If requested and available, show your driver's license; and
3. Provide any person injured in the accident reasonable assistance, including transporting or making arrangements for transporting the person to a physician or hospital for medical treatment.
What is Accident Involving Personal Injury or Death?
One of the most confusing offenses is often called Failure to Stop and Render Aid but is actually titled Accident involving Personal Injury or Death, in the transportation code. It has both a felony and a misdemeanor punishment, which is also very confusing. Most crimes are listed as Class A or B misdemeanor, State Jail Felony, or Third, Second, or First Degree Felony. This is what we call Felony* sometimes noted as F* on an indictment. The punishment range is up to 5 years in prison OR not more than 1 year in the county jail. That is why it is extremely important that you seek qualified representation for any criminal case. The consequences can be severe. A person commits an offense they leave the scene or fail to provide assistance to someone when the accident is reasonably likely to have resulted in bodily injury or death. The standard here is subjective and basically amounts to how damaged the vehicles appeared after the wreck.
What type of evidence is important in a Failure to Stop and Render Aid case? Most cases of Failure to Stop and Render Aid have some aspect of identity. This means that the police will have to produce evidence that you were the one driving the vehicle when it was in the accident and when it left the scene of the accident. Witness Statements, 911 calls, dash and body camera videos and surveillance videos will all be important in a Failure to Stop and Render aid case. Photos of the damage to the vehicles is also an important factor. If you made it home there is a chance that police did not follow the proper procedures in searching your property or in making an arrest. Often times police show up to the alleged defendant's house and knock on the door hoping that they answer. There is no legal duty to speak with police or open your door when they knock if they do not have a warrant. You should seek the advice of an attorney before making any statements to police. Sometimes the most important evidence that the police gather is a statement from the defendant. Once an admission is made on video or to police it can be more difficult to successfully fight the case later in court.
AGGRESSIVE DWI DEFENSE
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MEMBER OF VEHICULAR CRIMES TEAM