Can a hit and run charge be dropped? 6 Answers as of November 04, 2013I was involved in an accident a few months ago and that was my fault. I was on the way to the hospital to take my husband for surgery; I ran a red light and hit someone. After the accident I was in the middle of the road and had to find somewhere to turn around to avoid causing another accident, when I turned around I couldn't find the other driver so I went to the hospital and called the police and explained what happened. I was charged with hit and run and running the red light. I called my insurance company the next day and all damages were paid. There were no injuries-even though the officer stated there were on the citations- and I wrote the other driver a letter of apology taking responsibility and explaining what happened. At arraignment I plead not guilty because I didn't want to plead guilty to hit and run but I have no issue with pleading guilty to the red light charge. I don't have a trail date but I didn't qualify for a public defender. I can't afford an attorney on my own. I opted for a bench trial. I have proof that there were no injuries and damages were all paid. I have no prior record whatsoever. Is there any chance the hit and run charge could be dropped?
John Russo | John Russo
There is away a chance, but your problem lies with not having counsel someone who can speak to the prosecutor and the Judge, that is not you, it is just a fact of life that they do not like speaking with defendants even the ones who represent themselves, also not to be smug but there is absolutely no-way that you have as you allege proof of no injuries, that's impossible since they have 3 years from the date of the accident to file an injury claim, unless then signed off on that issue with the insurance company, which I doubt.
Answer Applies to: Rhode Island
Robert A. Solomon, P.C. | Robert A. Solomon
It is possible for the prosecutor to agree to drop the charges. Given the fact that you called and reported the accident after you got to the hospital you may get some sympathy from the police and the prosecutor.
Answer Applies to: New Jersey
Law Offices of George H. Shers | George H. Shers
You need to speak to several criminal law specialists in the Court's jurisdiction to find someone with knowledge as to how the prosecutors in that county behave. Often a DA will prefer to plea bargain out a case then try it. You seem to have extenuating facts to allow a judge to find you not guilt of the hit and run, if they have a liberal attitude. Your case should not take that much work but many criminal defense lawyers unfortunately overcharge.
Answer Applies to: California