Lexington Hit and Run Defense Attorney
The first thing you need to do after you’ve been arrested for hit and run, is to call a Cooley, Iuliano, Robey PLLC traffic violation attorney at 859-636-6803. Each of our partners is a member of the National Association of Criminal Defense Lawyers, as well as the Kentucky Bar Association.
Our skilled hit and run defense attorneys are always prepared to do a full investigation and defend your case, all while protecting your rights from the prosecution while they pursue their hit and run case against you. Our hit and run law firm and hit and run attorneys are going to make certain that the Commonwealth of Kentucky is held to their burden of providing their case beyond a reasonable doubt.
What is a hit and run?
In Kentucky, the crime of hit and run can be defined as simply being involved in a vehicular accident and not staying around to help whomever might be hurt or wait for law enforcement to arrive. This is usually no more than a traffic ticket, but it can escalate to a Class A misdemeanor. If a person is seriously injured or dies because of an accident you might have caused, you will be charged with also a Class D felony if you flee and don’t stay to render aid or wait for law enforcement to arrive.
If you’re driving down a street or highway, or even just pulling out of your driveway, and you injure someone or damage a piece of public property or private property that is not yours, you are legally obligated to stay and see how you can help with the problem. If you only crash into someone’s car or property, then you have to at least settle on some agreements or offer compensation through your insurance company or out of your own pocket, for example.
Punishing hit-and-run cases isn’t just about making sure a person does not flee police in case of a death. It’s about the social importance of staying and helping people in need or fixing damage done to public or private property.
There are several possible defenses in hit-and-run cases; it could be you did not know there was damage or injury to someone during the accident, that you perhaps had a reason to be driving so recklessly (that might only lessen the punishment but not avoid conviction). Etc.
If you are being accused of a hit and run case, finding experienced professionals like Lexington ky criminal defense attorney or hit and run lawyer immediately after your arrest is where you should start in taking control of your future.
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Have you been charged with a hit and run?
Our team of criminal defense attorneys are members of National Association of Criminal Defense Lawyers and have been recognized as Top 100 Criminal Defense Attorneys in America by The National Trial Lawyers and America’s Top 100 Criminal Defense Attorneys. Put our experience and track record of success to work for you against the government’s charges and protect your freedom!
If you have been charged with a hit a run, you need a team of experienced criminal defense attorneys focused on achieving the absolute best outcome for your case. Call and speak with a Cooley Iuliano Robey, PLLC criminal defense attorney at 859-636-6803.
Kentucky Point System
Kentucky doesn’t just fine you for a violation. You can’t just pay your traffic tickets and keep on driving. In order to make sure people are motivated to improve their driving and keep the streets safe, there is a point system that adds points to your licence based on how many infractions or traffic violations you commit.
You start off with zero points. For every violation you commit, you accumulate points. If you’re over 18 years of age and reach 12 points within a period of 2 years, your license is suspended and you have to face a hearing to appeal that decision. If you’re younger than 18, your point limit is 7. If you miss your hearing, the consequences can be a six month suspension or a year suspension if you accumulate 12 more points. Two years after that if another 12 points are added after a two year period.
You can always appeal these suspensions, but you must be sure to not miss any of your hearings. If you do, your license is automatically suspended.
Hit and Run Charge in the Kentucky Revised Statutes
It’s normal for most people – even from the United States, in compliance with court orders, to just show up to court alone and pay whatever fine they get after a traffic violation. Or they even pay the ticket in advance. Before doing so, you should consider the services of a defense attorney, because even traffic violations can have effects upon insurance rates or your driving privileges. In Kentucky, many traffic violations result in “points” being added to your driving record, and too many points lead to your license suspended, or you may be placed on probation. A hit and run lawyer for driving offenses could help you avoid all this.
Which is why obtaining the services of a hit and run defense attorney Lexington against hit and run charges is the first thing you need to do when faced with charges like these. CIR Legal’s seasoned hit and run attorneys can help you with any type of hit and run crime charge and help you determine what you’re up against. Finding a proper legal defense against a hit and run crime with a hit and run lawyer is the first order of business when faced with hit and run charges.
If you or someone you know is facing a hit and run charge, get in contact with a reputable bar certified hit and run defense lawyer as right away.
(1) (a) The operator of any vehicle, whose vehicle, vehicle load, or vehicle equipment which is involved in an accident resulting in injury to or death of any person or resulting only in damage to a vehicle or other property which is driven or attended by any person, shall immediately stop and ascertain the extent of the injury or damage and render reasonable assistance, including the carrying, or making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person. The operator or person having or assuming authority of the operator, or ownership of the vehicle, shall give the occupant of the vehicle, or person struck, if requested, the registration number of the vehicle, if any, and also the names and addresses of the owner, the occupants, and operator. The total names need not exceed five (5) in number.
(b) If an accident that occurs on an interstate highway or parkway or any on-ramp or off-ramp thereto does not involve death, known or visible injury, or the transportation of hazardous material, the operator shall move the vehicle off the roadway to a place as close to the accident scene as practicable without obstructing traffic as soon as the vehicle can be moved without the risk of further injury or damage. The operator or person having or assuming authority of the operator, or ownership of the vehicle, shall give any other person involved in the accident, if requested, the registration number of the vehicle, if any, and also the names and addresses of the owner, the occupants, and the operator of his or her vehicle, and insurance information for the vehicle.
(2) The operator of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to such other vehicle or property shall immediately stop as close to the accident scene as possible without obstructing traffic and shall then and there either locate and notify the operator or owner of such vehicle or other property of his or her name, address, and the registration number of the vehicle he or she is driving or shall attach securely in a conspicuous place in or on such vehicle or other property a written notice giving his or her name, address, and the registration number of the vehicle he or she is driving, or shall file a report with the local police department.
(3) If the operator of a vehicle is unable to move a vehicle off the roadway under the provisions of subsections (1) and (2) of this section, the operator or owner may permit any person who possesses a valid operator’s license or proper class of commercial driver’s license to move the vehicle as provided in this section.
(4) Except as provided for in subsection (5) of this section, a peace officer or safety officer may remove or cause to be removed from the roadway of an interstate highway or parkway or any on-ramp or off-ramp thereto, without consent of the owner or operator, any vehicle, cargo, or other property which is obstructing the roadway, creating or aggravating an emergency situation, or otherwise endangering public safety. Any vehicle, cargo, or other property obstructing the roadway of an interstate highway or parkway shall be removed by the most expeditious means available to clear the obstruction, giving due regard to the protection of the property removed.
(5) (a) In accidents that involve fatalities or known or visible injuries, the removal provisions of subsection (4) of this section shall apply only after all medical assistance, fire supervision, and site investigation have been completed.
(b) The removal provisions of subsection (4) of this section shall not apply if an accident involves, or is believed to involve, a release of hazardous materials.
(6) (a) The operator of a vehicle involved in an accident on a highway in this state which results in a fatality or a known or visible injury to a person or damage to a vehicle which renders the vehicle inoperable shall immediately notify a public safety answering point, law enforcement agency, or law enforcement officer having jurisdiction, if the operator is physically capable of doing so and has in his or her possession a functioning communications device with which to do so.
(b) In the event an operator fails to notify or is incapable of notifying a public safety answering point, law enforcement agency, or law enforcement officer having jurisdiction, the responsibility for reporting the accident within a reasonable amount of time shall rest with the owner of the vehicle or any occupant of the vehicle at the time of the accident, if the owner or occupant is physically capable of doing so, has in his or her possession a functioning communications device with which to do so, and, in the case of the owner, knows of the motor vehicle accident. A law enforcement officer having jurisdiction shall investigate the accident and file a written report of the accident with the officer’s agency.
(7) The operator of a vehicle involved in an accident on a highway in this state resulting in injury to or death of any person or in which total property damage of five hundred dollars ($500) or more is sustained, and in which an investigation is not conducted by a law enforcement officer, shall file a written report of the accident with the Department of Kentucky State Police within ten (10) days of the occurrence of the accident upon forms provided by the department.
(8) Any agency, including the Commonwealth, that removes property from the roadway may intervene in any civil action arising from the accident to recover any costs expended. An owner of real property shall not be liable for the costs of removal under this section of trees, fences, structures, or other debris which fall into the roadway as a result of fire, severe weather, or other casualty.
If you or someone you care about has been charged with a hit and run crime in Kentucky, contact our reputable criminal defense lawyers or hit and run lawyers as soon as possible by calling 859-636-6803.
Penalties in Hit and Run Cases
Although the penalties for all crimes, along with hit and run offenses, committed in the Commonwealth of Kentucky are subject to the results of the work from your hit and run defense attorney during the trial, usually the state adheres to penalties and content detailed in each of the crimes’ individual statute in the Kentucky Revised Statutes as well as the Kentucky Sentencing Guidelines for most criminal convictions.
The penalties that can be imposed for a hit-and-run classified as a Class A misdemeanor is up to 365 days in jail and a maximum fine of $500. For one charged as Class D felony, a defendant can be sentenced to between one and five years in prison and fined up to $10,000.
Don’t forget also that any conviction from a hit-and-run charge will lead to six points being added to your Kentucky driver’s license. If your conviction is one A conviction for hit-and-run also includes assessing six points to the defendant’s license to drive, and may result in cancellation of his or her vehicle insurance policy. Significantly, a conviction for Leaving the Scene of an Accident can result in a 6-month administrative driver’s license suspension by the Kentucky Department of Transportation.
For any of which, it is of utmost importance to work with a reputable hit and run lawyer in your area to see to the charges filed against you and evaluation of the substance of your case overall.
Misdemeanor
In the US, a misdemeanor is a crime punishable by less than a year in prison sentence, and sometimes there are only heavy fines involved, probation, or other sentences less harsh than with felonies. The consequences for someone guilty of a crime punishable by a misdemeanor are;
- Class A misdemeanors – 90 days to 12 months jail time, including a monetary fine that can cost up to 500 dollars , and
- Class B misdemeanors – up to 90 days jail time, including a monetary fine up to 250 dollars
Nonetheless, they are a stain on your permanent record and can change your life for the worse even if it’s on a minor scale, which is why you would want the best hit and run attorney you can get. A competent hit and run defense attorney can get your case dismissed, charges filed against you dropped, or fight for an expungement of your misdemeanor conviction altogether.
Felony
A felony is the most serious type of crime, and hence, they offer the most serious punishments, with years of prison period. They are divided (like misdemeanors as well) into classes. The imprisonment terms for each class of this offense are;
- Class A – 20 to 50 years, or even life imprisonment,
- Class B – 10 to 20 years,
- Class C – 5 to 10 years, and
- Class D – 1 to 5 years
All serious crimes, except murders (they have their own punishments), are classified as felonies.
It’s also important to point out that former convictions of this degree matter. If district court investigations and records show you are a “persistent offender,” then it’s very likely you’ll be facing a longer prison term vs someone guilty of the same crime without records of a prior felony conviction. (Ky. Rev. Stat. Ann. § 532.080 (2019 ).). If this is the case, informing your hit and run defense lawyer at the earliest is advised.
A person found guilty of a felony in states like Kentucky will also need to pay a fine costing between 1,000 dollars and 10,000 dollars. Or, if it applies, double any gain from committing the offense. In the event that it does, the district court usually orders whichever amount is greater to be paid (Ky. Rev. Stat. Ann. § 534.030 (2019 ).). If this is the case, it is advised for you to share this information with your hit and run defense lawyer at the earliest
It’s difficult facing offenses as serious as this alone, especially since these have long lasting consequences on a person’s life once convicted. Which is why hiring expert hit and run defense attorneys with adept insights and resources is essential. It’s also good advice to hire hit and run lawyers who pay close attention to create a great working attorney client relationship with the people and cases they take on. Experienced hit and run attorneys will know what to expect including the best way to protect your rights, or avoid a conviction altogether.
You need an experienced criminal defense lawyer that specializes in hit and run defense
All of our criminal hit and run attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers as well as the Kentucky Bar Association, with decades of experience in matters of hit and run charges and hit and run defenses as well as other practice areas. We value the best interest of every client above all. When it comes to hit and run offenses, you need hit and run attorneys who will fight for your constitutional rights, and go through every detail of your case, no matter the type of offense and using all of our insights and resources.
Free Consultation & Case Review from our experienced hit and run lawyers
At CIR Legal, our hit and run attorney’s hit and run defense services include offering free consultation and case review to potential clients or otherwise. Our hit and run attorneys have fought and will always strive to fight for the rights of every defendant in the state of Kentucky, no matter the type of offense. Call our law office at 859-636-6803 or fill out our form for a free consultation be it pm or am.
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