Navigating Hit and Run Charges in Alabama: Essential Legal Steps

A “hit and run” in Alabama, like anywhere else, refers to the act of leaving the scene of an accident without fulfilling legal duties, such as providing information or rendering aid. Whether it’s a minor fender-bender or a serious collision resulting in injury, leaving the scene can turn a simple accident into a serious criminal matter. This post will detail Alabama’s requirements after an accident, the potential penalties for a hit and run, and key legal considerations for those facing these charges.

The Legal Obligation: Stopping After an Accident

Alabama law imposes a clear duty on all drivers involved in an accident. The specific requirements depend on the extent of the damage or injury:

1. Accidents Involving Injury or Death

If the accident results in injury to or death of any person, the driver must:

• Immediately stop the vehicle at the scene.
• Render reasonable assistance, including arranging for medical treatment if necessary.
• Give their name, address, and the registration number of the vehicle, and show their driver’s license to the person struck or the driver of any vehicle collided with.

2. Accidents Involving Only Damage to a Vehicle or Property

If the accident only involves damage to a vehicle being driven or unattended property, the driver must:

• Stop and locate the owner or person in charge of the damaged property or vehicle.
• Provide the same identification and registration information as above.
• If the owner cannot be found, a note must be securely affixed to the damaged property containing the required information, and law enforcement must be promptly notified.

Penalties for Hit and Run in Alabama

The severity of Hit and Run Charges depends on the consequences of the accident and the specific statute violated. Penalties can include fines, jail time, and driver’s license suspension or revocation. Drivers facing these charges need a strong defense strategy.

Post-Conviction: Understanding Expungement Options

For individuals with a past conviction for a misdemeanor hit and run (Property Damage), the possibility of Expungement often arises. Expungement is a legal process that results in the sealing or destruction of arrest and conviction records, effectively making it as if the event never occurred for most purposes (with some exceptions).

Alabama has specific laws governing eligibility for expungement. Generally, to seek expungement for a misdemeanor:

1. A significant period (e.g., one to three years) must pass since the conviction or completion of sentence.
2. All court-ordered obligations (fines, restitution, probation) must be fully satisfied.
3. The individual must maintain a clean record during the waiting period.

Felony hit and run convictions are often much harder, or impossible, to expunge, making the initial defense strategy in a Criminal Case even more vital. You must file a formal Petition for expungement in the appropriate court.

Summary of Key Takeaways

Summary and Next Steps

1. Stop and Exchange Information: The legal duty to stop is mandatory, regardless of the perceived severity of the accident. Failure to do so leads to criminal Filing & Motions.
2. Know the Charge Severity: A hit and run charge is a misdemeanor if only property damage occurs, but it elevates to a serious felony if injury or death is involved.
3. Seek Legal Counsel Immediately: A Legal Expert is crucial for navigating the Trials & Hearings process, protecting your rights, and managing the Appeals process if necessary.
4. Expungement is Limited: While misdemeanor records may be eligible for sealing via Expungement, felony records are rarely eligible, underscoring the importance of a vigorous defense.

Frequently Asked Questions (FAQ)

Q: Is every hit and run a felony in Alabama?

A: No. If the accident involves only property damage, it is typically a misdemeanor. It becomes a felony when it results in injury or death.

Q: What is the deadline for Filing an expungement Petition?

A: There is no fixed “deadline,” but you must wait a specific statutory period (e.g., 1 to 3 years) after the conviction or completion of your sentence before you can become eligible to file.

Q: Do I need a Legal Expert if I only hit an unattended vehicle?

A: Yes. Even a property damage hit and run is a criminal misdemeanor, which can result in jail time and a permanent criminal record. A Legal Expert can help minimize penalties or seek dismissal.

Q: Where can I find the official Alabama Statutes & Codes regarding hit and run?

A: These codes are generally found under the Title 32 (Motor Vehicles and Traffic) in the Code of Alabama. Sections like 32-10-1 through 32-10-6 specifically cover the duty to stop and provide Information.

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Disclaimer

This content is AI-generated and is intended for informational purposes only. It does not constitute legal advice. While efforts are made to ensure the information reflects current Statutes & Codes, laws change frequently. Do not rely on this information for making legal decisions. Always consult with a qualified Legal Expert for advice concerning your individual situation and Legal Procedures.

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