Posted by Jim Yeargan in Atlanta DUI Law on February 20, 2015
Hit and Run License Suspension
Drivers convicted of Hit and Run in Georgia will have their license suspended for a minimum of 120 days. There is a limited permit for work, school, etc. for this type of suspension.
However, when possible, it is always best to avoid a license suspension. Keeping a license suspension off of your driving history helps keep your insurance rates low, and may help with obtaining certain types of employment.
Hit and Run Defenses
Many times officer improperly charge people with Hit and Run. In order to be charged with Hit and Run a driver must strike an occupied, or attended, vehicle. If a driver hits an empty car, telephone pole, tree, etc., and leaves the scene, this is not Hit and Run. Many officers will charge a driver in these scenarios with Hit and Run, but the driver should be charged with O.C.G.A. 40-6-273 Failure to Report an Accident.
The behavior of the other driver may also be a defense to a charge of Hit and Run. If the other driver of the other vehicle is acting hostile, violent, or aggressive you are not required to stay at the scene. You may drive to a safe location, within a reasonable distance, and call the police.
The other driver’s aggressive behavior does not entitle you to leave the scene, and forget about the accident, but you may find a safe police from which to call the police.
While this is not a defense to the charge, but if the other driver does not appear in court to testify against you the charge may be dismissed. In most cases the officer who issued the citation did not witness the accident.
All the officer can testify to is what happened after he arrived at the scene. This usually is not enough information to obtain a Hit and Run conviction for the prosecution.