Leaving the Scene

Charged with Leaving the Scene?

Our attorneys include former prosecutors who now exclusively defend cases in criminal court in Southern Illinois. Many people talk about fighting a case and  beating it but our Attorneys can give you the information, advice, and legal representation you need in order to get the best possible outcome on your case.

Types of Charges

Leaving the scene of an accident actually falls under several different statutory violations that can be summarized as: 1) Failure to report damage to an unattended vehicle or property; 2) Leaving the scene of an accident involving damage to a vehicle;  3) Leaving the scene of an accident involving personal injury or death; and 4) Duty to give information and render aid. Some of these violation forms have sub-components which can change the elements of the offense and modify the possible penalties. 

Motor vehicle accident involving damage to vehicle. (625 ILCS 5/11-402 )

A person commits the offense of leaving the scene of an accident involving damage to a vehicle when he is the driver of a vehicle involved in a motor vehicle accident resulting in damage to a vehicle driven or attended by another and, with knowledge that an accident has occurred, he fails to immediately stop his vehicle at the scene of the accident or fails to stop as close to the scene of the accident as possible without obstructing traffic more than necessary and forthwith return to the scene of the accident, and remain at the scene of the accident until he has performed the duty to give information and render aid. 

A conviction under this section is a class a misdemeanor. If the court finds that the amount of damage caused is greater than $1,000 then the DMV will suspend the driver’s license. The Illinois Secretary of State will assess 25 points for a conviction. 

Motor vehicle accidents involving death or personal injuries. (625 ILCS 5/11-401) 

A person commits the offense of leaving the scene of an accident involving death or personal injury when he is the driver of a vehicle involved in a motor vehicle accident resulting in death or personal injury to any person and, with knowledge that an accident has occurred, he fails to immediately stop his vehicle at the scene of the accident or fails to stop as close to the scene of the accident as possible without obstructing traffic more than necessary and forthwith return to the scene of the accident and remain there until he has performed the duty to give information and render aid. 

The term “personal injury” means any injury requiring immediate professional treatment in a medical facility or doctor’s office. 

The above offense is a Class 4 Felony. A conviction will result in the mandatory revocation of your driver’s license. If arrested for the offense within 12 hours of its alleged commission then you can be subjected to mandatory alcohol and drug testing. 

A person commits the offense of aggravated leaving the scene of an accident involving death or personal injury when he is the driver of a vehicle involved in a motor vehicle accident resulting in death or personal injury to another and with knowledge that an accident has occurred, and with knowledge that the accident involved another person, he fails to immediately stop his vehicle at the scene of the accident or fails to stop as close to the scene of the accident as possible without obstructing traffic more than necessary and forthwith return to the scene of the accident and remain at the scene of the accident until he has performed the duty to give information and render aid and fails to report the accident within one-half hour after the motor vehicle accident unless, if hospitalized and incapacitated from reporting at any time within one-half hour of the motor vehicle accident fails to report the accident within one-half hour after being discharged from the hospital at a nearby police station or sheriff’s office, giving the place of the accident, the date, the approximate time, the driver’s name and address, the registration number of the vehicle driven, and the names of all other occupants of that vehicle. 

The term “personal injury” means any injury requiring immediate professional treatment in a medical facility or doctor’s office. 

Aggravated leaving the scene is a class 2 felony unless it involves the death of a person in which case it is a class 1 felony. A conviction will result in the mandatory revocation of your driver’s license. If arrested for the offense within 12 hours of its alleged commission then you can be subjected to mandatory alcohol and drug testing. 

Duty to give information and render aid. (625 ILCS 5/11-403) 

The phrase “the duty to give information and render aid” means that the driver of any vehicle involved in a motor vehicle accident resulting in death, personal injury and, or,damage to a vehicle shall (1) supply the driver’s name and address, (2) supply the registration number and the name of the owner of the vehicle the driver is operating, and (3) exhibit his driver’s license upon request if the license is available. Such information is to be supplied to any person struck by a vehicle and to any person driving, occupying, or attending a vehicle involved in a collision. If none of the persons entitled to this information is in a position to receive and understand such information, and no police officer is present, the driver shall forthwith report such accident at the nearest office of a duly authorized police authority, disclosing all this information. In addition, the driver of any vehicle involved in a motor vehicle accident shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician, surgeon, or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such carrying is requested by the injured person. 

A conviction for failure to give information and render aid is a class A misdemeanor. 

Duty upon damaging unattended vehicle or other property. (625 ILCS 5/11-404) 

The driver of any vehicle which collides with or is involved in a motor vehicle accident with any vehicle which is unattended, or other property, resulting in any damage to such other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle or other property of the driver’s name, address, registration number and owner of the vehicle the driver was operating or shall attach securely in a conspicuous place on or in the vehicle or other property struck a written notice giving the driver’s name, address, registration number and owner of the vehicle the driver was driving and shall without unnecessary delay notify the nearest office of a duly authorized police authority and shall make a written report of such accident when and as required in Section 11-406. 

A conviction is a Class A misdemeanor. The Illinois Secretary of State will assess 25 points for a conviction for this offense. 

Duty to report accident. (625 ILCS 5/11-406) 

The driver of a vehicle that is in any manner involved in an accident within this State, resulting in injury to or death of any person, or in which damage to the property of any one person, including himself, in excess of $1,500 (or $500 if any of the vehicles involved in the accident is subject to Section 7-601 but is not covered by a liability insurance policy in accordance with Section 7-601) is sustained, shall, as soon as possible but not later than 10 days after the accident, forward a written report of the accident to the Administrator. 

Failure to report an accident can result in the revocation of your driving privileges. 

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