HitandRunDefense

Hit and Run Defense

Leaving the scene of a traffic accident ("Hit and Run") is a serious offense that significantly worsens the driver''s legal position. Under Georgian law, if an accident results in injury or death, fleeing the scene can be qualified as "Leaving in Danger" (Article 128 of the Criminal Code), which, combined with the main traffic offense (Article 276), leads to severe punishment. Even if the accident is minor and only involves property damage, fleeing results in license suspension and administrative detention. In practice, drivers often leave due to fear, shock, or fear of mob violence, rather than malicious intent. However, investigations almost always view flight as an attempt to evade responsibility and use pre-trial detention as a measure. Immediate involvement of a lawyer is essential to manage the surrender process to the police and explain the motive for leaving.

What Does This Service Cover?

Lawyers listed on Legal.ge offer strategic defense for hit-and-run cases:

• Organizing Voluntary Surrender: If you left the scene, the lawyer arranges a safe surrender to the police. Turning yourself in voluntarily reflects positively on the accused and reduces the risk of detention.
• Justifying the Flight: Proving that fleeing was caused by a state of affect (shock) or a perceived threat (e.g., an aggressive crowd) rather than an intent to hide the crime.
• Identification Issues: If the driver''s identity is not established, the defense works to prove the client was not behind the wheel (alibi, witnesses).
• Plea Bargaining: Negotiating with the victim and prosecutor so that the act of fleeing does not result in the maximum sentence.

Common Scenarios and Real-World Situations

Hit-and-run cases often look like this:

The first scenario is "Panic." A driver hits a pedestrian, goes into shock, and instinctively flees. Hours later, they realize what happened but are afraid to go to the police. This is the most critical moment where legal advice is vital.

The second scenario is "Unnoticed Impact." A truck driver sideswipes a car or pedestrian without feeling the impact and continues driving. They are later arrested for "fleeing." The defense must prove the driver was unaware of the accident.

The third case is "Parking Lot." A driver hits a parked car and leaves. usually an administrative offense, but if someone was sitting in the car and got injured, it becomes a criminal case.

Georgian Legal Framework

Regulations:

• Criminal Code of Georgia: Article 276 (Main offense) and Article 128 (Leaving in Danger). Fleeing is often charged under Art. 128 if the victim needed help.
• Administrative Offences Code: Article 125¹ (Leaving the scene of a traffic accident).

Service Process Step-by-Step

1. Consultation: The lawyer assesses the situation—is there a victim, and how severe is the injury?
2. Surrender: Going to the police station with the lawyer to give a statement.
3. Video Evidence: Obtaining camera footage to clarify incident details.
4. Court: Fighting to ensure that fleeing is not counted as a heavily aggravating circumstance during sentencing.

Why Use Legal.ge?

Leaving the scene is a huge mistake, but it doesn''t always mean prison. Timely legal intervention and the right strategy (e.g., voluntary surrender) can radically change the course of the case. On Legal.ge, you will find lawyers who can help you navigate this crisis with minimal damage.