Can I be arrested for a hit and run if the other driver was at fault? 47 Answers as of November 14, 2011

I'd recommend you retain a lawyer to assist you with this matter. If you are ultimately charged, you may have the option of requesting a court-appointed attorney at the public's expense. Your are presumed innocent until proven guilty. The prosecutor must prove any allegations of criminal conduct beyond a reasonable doubt. Speaking generally, simply because a person is charged does not mean that they will be convicted. Speaking generally, "fault" for an accident is less of an issue with traffic offenses such as fleeing and eluding and leaving the scene. The question is whether the charged individual's conduct complied with the applicable laws under the circumstances. It depends on the circumstances. "Fault" is more of a factual question and issue and it's a matter of interpretation. Clearly, views of fault may also reflect a person's mental perception of the situation at the time; as such, it's relevant to the "mens rea" or mental component of a criminal charge. I'd recommend you retain a lawyer to assist you with your current charges.

You should see an attorney. They ticketed you not for leaving the scene but for unsafe driving. You tried to find the other party and should not be found liable for leaving the scene. You should get the other tickets paid up and maybe you can get the Suspended license ticket reduced.

Sounds like you need to fight this charge! Plead not guilty, and contest the charge!

You can bear the unsafe driving charge. You'll have to clean up your license to get a reduced charge on the unlicensed operation.

Yes. Hit and run is not about liability. It is about your failure to stop after an accident as required by law. You could be 0% at fault and still wind up paying for the other guys damage through the restitution or civil compromise process.

Yes, conduct after accident is charge. NH law requires if in an accident that you remain or go to nearest police to report. The fault does not matter.

Failure to Stop and Give Information is one of those he said she said crimes. You need to hire a good attorney to tell your story more believably than the other guys.

Technically you can be arrested for driving while suspended. The law also requires that anyone involved in a collision stops and parks his vehicle safely off the roadway if possible. Whether the other person left or not, you should have stayed put and called the police. This is a case that you can beat but you will be facing an up-hill battle in front of the jury. Having a suspended license is one of the main reasons people hit and run. You have a suspended license therefore, the prosecutor will be skeptical about your version of the facts. One thing you should do immediately is get your license reinstated before going to court. Most courts have drivers license restoration programs and it would help you to show up in court with a license and insurance. Beyond that, you should hire a lawyer. A lawyer can tell your story to the prosecutor without your issues coming into play. Likewise a skilled attorney can get your story in front of a jury and offer the best hope for an acquittal.

Yes. You are legally obligated by law to remain at the sight of an accident until police arrive and/or identity and insurance information can be exchanged.

If there was a valid warrant you were properly arrested.