Kansas DUI Law: Hit & Run
Under state law, a driver will face penalties not only for driving under the influence (DUI), but also for being involved in a motor vehicle accident and leaving the scene.
A driver of a vehicle involved in an accident resulting in injury to, great bodily harm to, or death of any person or damage to an occupied vehicle must immediately stop at the scene (or as close as possible). Further, the driver must remain on scene until the driver has fulfilled certain requirements. This includes providing the other party with contact information.
If the driver fails to meet these requirements, he or she will be guilty of the following violations:
- When the total property damage is less than $1,000, it will be considered a misdemeanor charge.
- When an injury to a person or total property damage exceeds $1,000, the driver will be charged with a Class A person misdemeanor.
- If great bodily harm is involved, the driver will be charged with a severity level 8, person felony;
- If there is a death of another person, the driver will be charged with severity level 6, person felony in most situations;
- If there is a death and if the driver knew or reasonably should have known that the accident resulted in injury or death, the charge will be upgraded to a level 5, person felony.
In addition to the criminal charges, the driver's license will likely be revoked.
Missouri DWI Law: Hit & Run
Under state law, leaving the scene of an accident will be considered assault in the second degree in certain situations. The law states that this charge is appropriate when he or she, while in an intoxicated condition or under the influence of controlled substances or drugs, operates a motor vehicle in this state and, when so operating, acts with criminal negligence to cause physical injury to a person other than himself.
This crime is considered to be a Class C felony. This is punishable by a fine for as much as $5,000 and a prison term for as much as 7 years.
A crime is committed when a person leaves the scene of a motor vehicle accident and, knowing that an injury has been caused to a person or damage done to property, leaves the scene without first stopping to give his contact information to the injured party or to a police officer. Contact information includes name, residence, motor vehicle number and driver's license number.
Leaving the scene of an accident is considered to be a Class A misdemeanor in most cases. A Class A misdemeanor is punishable by a fine for as much as $1,000 and a jail term for up to one year. The charge is increased to a Class D felony in situations where the accident resulted in physical injury to another party, property damage in excess of $1,000, or if the defendant has previously plead guilty to or have been found guilty of this type of violation. A Class D felony is punishable by a fine for as much as $5,000 and a prison term for as much as four years.
Do You Need an Attorney?
If you have been charged with an alcohol-related crime in Kansas or Missouri, contact the McLane Law Firm. It is important to work with a local and experienced attorney during this difficult time.
