San Antonio Hit-and-Run Lawyers – Failure to Stop & Give Information Charges

The Serious Reality of “Failure to Stop and Give Information” Charges in Texas

When you’re involved in a motor vehicle accident in Texas, the shock and confusion of the moment can be overwhelming. In this stressful situation, some drivers make the critical mistake of leaving the scene—an act that transforms a likely civil insurance matter into a serious criminal offense known as “Failure to Stop and Give Information,” commonly referred to as hit-and-run. At Barton & Associates, our experienced Texas criminal defense attorneys understand that panic, fear, or genuine uncertainty about what to do can lead to this grave error. However, the legal system views this as a willful act of evasion with severe consequences. A conviction is not a simple traffic ticket; it is a criminal misdemeanor that can result in jail time, massive fines, driver’s license suspension, and a permanent mark on your record that affects employment, insurance rates, and your future.

What the Law Requires: Your Duties After an Accident in Texas

Texas Transportation Code § 550.021 imposes strict legal obligations on every driver involved in an accident. Understanding these duties is crucial, as failing to fulfill any one of them can lead to criminal charges.

If you are involved in an accident that results in injury, death, or property damage, you are legally required to:

1. Immediately Stop Your Vehicle. You must bring your vehicle to a stop at the scene of the accident, or as close as possible without obstructing traffic more than necessary.
2. Return to the Scene if You Leave. If you initially leave without stopping (for example, driving to a nearby parking lot or your home), you must immediately return to the accident scene.
3. Provide Required Information. You must provide your name, address, vehicle registration number, and the name of your motor vehicle liability insurer to any person involved in the accident or the owner of the damaged property.
4. Render Reasonable Assistance. You must provide reasonable assistance to any person injured in the accident, including arranging for medical treatment if it is apparent that treatment is necessary or if the injured person requests it.
5. Report the Accident to Police. If the accident results in injury, death, or property damage to an apparent extent of $1,000 or more, you must immediately notify the nearest police department.

A common misconception is that you only need to stop if another person is present. This is false. If you hit an unattended vehicle, a fence, a mailbox, or any other property, you must make a reasonable effort to locate the owner or leave a note in a conspicuous place with your information. Merely leaving the scene and planning to deal with it later is a violation of the law.

The Severe Penalties for Failure to Stop and Give Information

The penalties for a hit-and-run conviction in Texas escalate dramatically based on the severity of the accident. The consequences extend far beyond the courtroom, creating long-term personal and financial hardship.

Accident Involving Property Damage Only:

• Class C Misdemeanor
• Fine of up to $500
• Potential driver’s license suspension

Accident Involving Bodily Injury:

• Class B Misdemeanor
• Up to 180 days in county jail
• Fine of up to $2,000
• Mandatory driver’s license suspension

Accident Involving Serious Bodily Injury:

• Class A Misdemeanor
• Up to 1 year in county jail
• Fine of up to $4,000
• Mandatory driver’s license suspension

Accident Resulting in Death:

• Third-Degree Felony
• 2 to 10 years in state prison
• Fine of up to $10,000
• Mandatory driver’s license suspension

Collateral Consequences Beyond Fines and Jail:

• Permanent Criminal Record: A misdemeanor or felony conviction will appear on background checks run by employers, landlords, and licensing boards.
• Driver’s License Suspension: The Texas Department of Public Safety (DPS) will automatically suspend your driver’s license upon conviction.
• Dramatic Insurance Increases: Your auto insurance premiums will skyrocket, and you may be classified as a high-risk driver, making coverage difficult and expensive to obtain.
• Civil Liability: Leaving the scene can be used as evidence of guilt in a civil lawsuit, potentially exposing you to greater financial liability for the victim’s damages.
• Employment Jeopardy: Jobs that require driving, a clean record, or professional licenses may be lost or become unattainable.

Common Defense Strategies for Hit-and-Run Charges

At Barton & Associates, we know that every case has unique circumstances. We conduct a meticulous investigation to build the strongest possible defense. Common strategies include:

• Lack of Knowledge: Arguing that you were genuinely unaware an accident occurred. This may apply in cases of minor contact in heavy traffic, poor weather conditions, or if the accident involved a stationary object you did not see or feel.
• Inability to Stop Safely: Demonstrating that stopping immediately would have created a greater danger to yourself or others, and that you proceeded to the nearest safe location to fulfill your duties.
• Fear for Personal Safety: In some situations, such as a collision in a remote area or under threatening circumstances, leaving the scene to contact police from a secure location may be a defensible action.
• Mistake of Fact: Showing that you made a reasonable mistake, such as believing you had only hit a curb or debris, not another vehicle or property.
• Fulfillment of Duty: Proving that you did, in fact, attempt to locate the property owner or that you contacted law enforcement to report the incident within a reasonable time frame.
• Challenging the Evidence: Scrutinizing the prosecution’s evidence, including eyewitness identification, surveillance footage, and vehicle damage analysis. We question whether the state can definitively prove you were the driver or that you knowingly left the scene.

The Critical First Steps to Take After Being Charged

If you are under investigation or have been charged with Failure to Stop and Give Information, your immediate actions are paramount. Protect yourself by following these steps:

1. Do Not Make Any Statements. Do not discuss the incident with police, insurance adjusters, or the other party without an attorney present. Anything you say can be misconstrued and used as evidence against you.
2. Preserve All Evidence. Do not repair your vehicle. Take photographs of any damage from all angles. Locate and save any GPS data, dashcam footage, or witness contact information you may have.
3. Document Your Recollection. Write down everything you remember about the incident, the route you took, and your state of mind immediately afterward. Memory fades quickly.
4. Contact a Defense Attorney Immediately. The sooner we are involved, the sooner we can protect your rights, guide your interactions, and begin building your defense. Early intervention is often key to a favorable outcome.

Why Choose Barton & Associates for Your Hit-and-Run Defense

Facing a hit-and-run charge requires a law firm with specific expertise in Texas traffic and criminal law, as well as a compassionate understanding of the human error involved.

• Former Prosecutorial Experience: Our attorneys’ background as prosecutors provides invaluable insight into how the state builds hit-and-run cases, allowing us to anticipate their strategies and identify weaknesses from the outset.
• Strategic, Client-Centered Defense: We treat you as an individual, not a case number. We take the time to understand your full story and develop a defense strategy focused on your specific goals—whether that is a complete dismissal, charge reduction, or minimizing penalties.
• Aggressive Investigation: We go beyond the police report. We hire accident reconstruction experts, obtain and analyze surveillance footage, and interview witnesses to build a comprehensive picture of the event.
• Skilled Negotiators and Trial Lawyers: We are prepared to take your case to trial if necessary, but our deep experience also allows us to negotiate effectively with prosecutors for pre-trial diversion, deferred adjudication, or reduced charges when it is in your best interest.
• Guidance with the DMV: We handle the administrative side of your case, including representing you at any driver’s license suspension hearings with the Texas DPS.

Your Path Forward: Protecting Your License and Your Future

A hit-and-run charge carries a heavy social stigma and severe legal penalties. The assumption of guilt can feel overwhelming, but a charge is not a conviction. With a strong, proactive defense, many cases can be resolved favorably.

Do not make the mistake of pleading guilty without exploring every legal option. The consequences are too severe and too long-lasting.

Contact Barton & Associates today at 210-500-0000 for a confidential, thorough case evaluation. We will listen to your account of events, explain the charges and potential defenses in clear terms, and immediately begin working to protect your driving privileges, your record, and your future.

Main Category: Criminal Defense
Practice Area Category: Misdemeanors
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000