Traffic accidents are scary and can be traumatic. When they happen, whether between two or more vehicles, a vehicle and a pedestrian, or a vehicle and a bicyclist, catastrophic injuries and even death may result. It can be scary to act responsibly in the face of an accident, and that often gives rise to a hit and run in Muskogee, Oklahoma. Understanding what a hit and run entails legally and how it is handled in Muskogee can make it easier if you are facing charges on a hit and run count.
Hit And Run Defined
The law requires motorists to immediately stop in the case of an accident and to remain until the legal requirements regarding the exchange of information have been met. Thus, a person who willfully, maliciously, or feloniously fails to stop in order to avoid detection or prosecution or to comply with the required exchange of information is guilty of leaving the scene of an accident or a hit and run as it is more commonly known. The crime is a felony in Muskogee.
If convicted, a person could face from 10 days to 2 years in prison, pay a fine between $50 and $1,000, or both. Also, the defendant’s driver’s license will be revoked. Okla. Stat. tit. 47 § 10-102
Elements Of The Crime
In order to secure a conviction, a prosecutor must prove every element of the crime beyond a reasonable doubt. The elements of hit and run in Muskogee are:
- the defendant drove a vehicle
- involved in an accident
- that resulted in the injury or death of a person, and
- willfully or maliciously
- failed to immediately stop their vehicle at, or as close to the scene of the accident as possible, and remain there until:
- (A) they had given their correct name, address, and the registration number of the vehicle they were driving and showed their driver’s license and security verification form to the person struck or to the driver or other person attending the other vehicle involved; and
- (B) they rendered reasonable assistance to any person injured in the accident.
Affirmative Duty To Render Aid
The driver of any vehicle involved in an accident resulting in injury, death, or vehicular damage must render reasonable assistance to any other person involved in the accident, to include carrying or helping that person get to a doctor or hospital for medical or other treatment if it is requested or if it is necessary. Okla. Stat. tit. 47 § 10-104
In addition, any driver of a vehicle involved in an accident that resulted in either immediate death or great bodily injury and could be cited for any traffic offense must submit to drug and alcohol testing as soon as it is practical after such an accident occurs.
A Hit And Run In Muskogee That Involves a Fatality
When a hit and run involves a fatality, the consequences are severe. This crime is a felony. It is punishable by 1 to 10 years in prison, a fine between $1,000 and $10,000, or both. Also, the offender’s driver’s license will also be revoked. Okla. Stat. tit. 47 § 10-102.1
The repercussions for conviction on a hit and run charge are severe. Get the help you need if you are facing charges. Talk to a Muskogee attorney today.
Free Consultation: Muskogee Felony Defense Attorney
If you are facing criminal charges of any kind, you need help to build a solid defense. Even small facts can make a big difference. Don’t try to go it alone. Get the help you need when it matters most.
Our experienced attorneys are here to help. We know your freedom is important and will work with you to preserve it. Our attorneys know how to build a strong defense.
Call a Muskogee felony defense attorney today at 918-884-7774 to ask questions or schedule a free, confidential consultation.