Leaving Scene of the Accident – No Charges Filed

Our client received a letter from the Lexington Police Department Hit and Run unit.  The letter stated that the client needed to contact them immediately or an arrest warrant could be filed against the client.  Someone alleged that the client’s vehicle was involved in a hit and run.

Before calling the police department and possibly incriminating himself/herself, the client called Baldani, Rowland & Richardson and retained Abe Mashni.  Abe made a call to the officer assigned to the case and was able to explain the situation.  It’s important to note – if the client would have had that same phone call –  anything that the client said could and would have been used against them in a potential criminal case.  

After speaking with the officer, Abe was able to get the assurance from the officer that no criminal charges would be filed against our client.

The “hit and run” statute in Kentucky is codified in KRS 189.580.  It states in relevant portion:

“The operator of any vehicle, whose vehicle, vehicle load, or vehicle equipment which is involved in an accident resulting in injury to or death of any person or resulting only in damage to a vehicle or other property which is driven or attended by any person, shall immediately stop and ascertain the extent of the injury or damage and render reasonable assistance, including the carrying, or making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person. The operator or person having or assuming authority of the operator, or ownership of the vehicle, shall give the occupant of the vehicle, or person struck, if requested, the registration number of the vehicle, if any, and also the names and addresses of the owner, the occupants, and operator. The total names need not exceed five (5) in number”