Legal Question in Traffic Law in Virginia

No, it may not, if it's just "little 'ole you" making the representation to the court;

better hire an attorney if at all possible.

M.E. Hendrickson, Esq.

Alexandria, Virginia 22314

Well, of coruse you have to know that you were in an accident to be guilty of leaving the scene of an accident.

The prosecution has the burden of proving that you KNOWINGLY left the scene of an accident. So they must prove that you knew it.

However, it is very hard NOT to know you were in an accident. It is common sense, and the judge will look at it that way, that if your car struck another car, or vice versa, you would feel it or hear it. Alternatively, since you are responsible to keep your car under control at al ltimes, it will be hard to believe that you could have been watching the scene around you and not notice that your car came into contact with another car.

So, the question will be whom does the judge believe?

First, you would have to convince the judge that your version of events is BELIEVABLE. You would have to tell the judge what happened, showing why you left the scene without knowing that you had been in an accident.

That has to be believaable.

Second, do you have any witnesses? Does the other guy have any witnesses?

If it is only your word against his word, then the question will be which story does the judge believe more?

Of course, don't overlook the fact that the prosecution has to prove that there ever was an accident.

Simply because a car is damaged does not mean it was damaged THEN.

What if the car was damaged earlier, at some other time? The prosecution needs to prove that the other car was damaged THEN, that night, not at some earlier time.

In my opinion you are not guilty and should have a good defense in court. I have had some success in defending such cases, when the issue is whether the driver necessarily knew there was an accident. In my experience juries are fairly sympathetic to the idea, if the facts support it.