If you have made a mistake and left the scene of an automobile accident, which has led to you facing a hit-and-run arrest, you likely require the assistance of an experienced criminal defense attorney. When you are facing accusations of a hit and run, having an attorney in your corner can make a substantial difference. Your attorney will be able to analyze the details of your accident to provide you with an honest assessment of your options. It is important to understand that leaving the scene of an accident, even in a moment of panic or misunderstanding, may result in severe consequences. The state of Iowa has put these penalties into place in an effort to deter drivers from refusing aid. To learn more, continue reading and contact our experienced Johnson County criminal defense lawyer.
How Is Leaving the Scene Defined in Iowa?
Drivers in Iowa are legally required to remain at the scene of a vehicle accident to provide the following information:
- Name
- Driver’s license
- Registration number
- Address
If an accident involves an unattended vehicle, it is required for the driver to make a “reasonable effort” to locate the owner of the vehicle. They can also leave their information on the vehicle for the owner to find.
What Iowa Law Requires After an Accident
- You must immediately stop your vehicle as close to the scene as safely possible
- You must remain at the scene of the accident until all required information has been exchanged with all parties involved
- You are legally required to:
- Provide identifying information
- Show your driver’s license when requested
- Render reasonable aid to any injured parties
- Leaving temporarily, even if you fully intend to return to the scene, can still result in a charge
- These requirements apply to accidents involving:
- Property damage
- Injuries
- Fatalities
What Are the Consequences of Fleeing the Scene of an Accident?
When a driver leaves the scene of an auto accident in Des Moines, Polk County, or the surrounding Iowa communities without providing the above information, they can face penalties based on the damage that occurred as a result of the accident.
For example, if no one was injured and only vehicle damage occurred, the offender who left the accident can be charged with a misdemeanor and up to 30 days in jail, and up to $850 in fines.
When a person is injured in an accident, the offender can be charged with a serious misdemeanor, which comes with penalties of up to 2 years in jail and fines of up to $8,540.
If an individual passes away as a result of an accident, the offender will likely face a Class D felony, which is punishable by up to 5 years in prison and up to $10,245 in fines. Offenders can also risk having their license revoked or their driving privileges being suspended permanently in the case that the offense was serious enough. Other consequences of leaving the accident in Iowa include increased insurance rates and potentially being dropped from their carrier altogether.
Penalty Breakdown
- Property Damage Only (Simple Misdemeanor):
- Up to 30 days in jail
- Fines of up to $850
- Potential license suspension
- Injury Involved (Aggravated/Serious Misdemeanor):
- Between one and two years in jail
- Fines of up to $8,540
- Mandatory license suspension
- Fatal Accident (Class D Misdemeanor):
- Up to five years in prison
- Fines of up to $10,245
- Long-term license revocation
- Additional consequences you may face include:
- Permanent criminal record
- Increased insurance premiums
- Potential loss of employment opportunities
Why Leaving the Scene Makes the Situation Worse in Polk County
Leaving the scene of an accident can turn what may have been a minor collision into a serious criminal offense. Iowa law treats failure to remain at the scene as a separate criminal offense, regardless of who is ultimately responsible for the actual collision.
Legal and Practical Risks
- Hit-and-run charges are based on leaving the scene, not fault for the collision
- Even minor accidents can become criminal cases
- Courts may interpret fleeing as:
- Consciousness of guilt
- An attempt to avoid liability for the collision
- Polk County prosecutors often seek harsher penalties for hit-and-runs
- Insurance companies can deny coverage due to illegal conduct
Contact Our Polk County Criminal Defense Firm
Herting Law, PLLC, is an Iowa-based law firm that has experience in all criminal matters, including OWIs, drug charges, gun crimes, theft, assault, and more. If you need an estate planning lawyer, our firm can guide you. Whatever the situation, Herting Law, PLLC has you covered. Contact us today to learn how we can assist you.
