Legal Question in Traffic Law in Illinois

Accusation of a Hit and run

I was recently involved in a car accident which was nothing more than the two of our cars touching bumpers. My car received damage and the other man's car has a scratch across the bumper and no other damage. Instead of immediatly stopping after the accident I continued down the road about a half mile from the incident. The the man in the other car followed me and I pulled into the first available street I could. I have been given a citation for leaving the scene of property damage and failure to give information. I would like to know what my best strategy would be here. I already have my insurance company called and his car will be taken care of. Should I contact him and hopefully resolve the suppossed hit and run scenario or what consequences could there be if I argue this in court. If my answers aren't thorough in court I may be found guilty on leaving the scene. But I dont know what I would get if I pleaded guilty to it.


Asked on 12/30/07, 2:44 pm

3 Answers from Attorneys
Amil Alkass LAVELLE LAW, LTD

Re: Accusation of a Hit and run

The citation for leaving the scene is a Class A Misdemeanor, I believe, which entails up to 1 year in jail and a fine of up to $2,500.00. Without the officer actually seeing the accident and you "leaving," the State/Village will have to prove that you in fact left the scene. Assuming the other driver does not show up in court (which could happen if his damage has already been fixed and there were no personal injuries) it's possible that the case will be dismissed all together. If not, the State has the burden of proving that you left, which could be difficult if the other driver is not in court. However, you may still get supervision and not a conviction assuming you have a pretty clean driving record in the past 2 years or so. Because you are charged with a misdemeanor, the Judge will probably make you get a lawyer on your first court appearance if you do not have one already. Good luck!

If you have any further questions, email me directly at [email protected]

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Answered on 12/31/07, 9:38 am
Joseph Michelotti Michelotti & Associates, Ltd.

Re: Accusation of a Hit and run

Leaving the scene of a property damage accident is a misdemeanor. You could go to jail and lose you license.

You need a lawyer

email: [email protected]

web: www.michelottilaw.com

blog: blog.michelottilaw.com

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Answered on 12/30/07, 8:06 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Accusation of a Hit and run

A conviction for leaving the scene of an accident could have very serious adverse consequences for you including the possibility of your driver's license being suspended. You should hire an attorney to represent you on the charge. For a modest fee an attorney should be able to help you avoid taking a conviction. You do not want to go to court without an attorney. Good luck.

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Answered on 12/30/07, 11:24 pm


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