What are the Penalties for a Hit and Run in New York?

hit run new york

New York requires drivers to pull over and make sure of everyone’s safety whenever vehicles collide. If you fail to do so, you open yourself up to charges for a hit and run. Given the difficulty law enforcement will have in identifying and apprehending you, you can bet that they will prosecute you to the fullest extent of state law. If you suspect you are involved in a hit and run in New York, please read on, then contact an experienced Nassau County criminal defense attorney today.

What constitutes a hit and run in New York?

Per the New York Vehicle and Traffic Law, drivers involved in a car accident of any sort must stop, render necessary assistance and give personal identifying information to a police officer, witness, injured person or property owner. Drivers in this situation must provide the following:

  • Names
  • Addresses
  • Operator’s license number
  • Registration number

If drivers do not have the ability to report this information to any appropriate person for any reason, they must notify local law enforcement authorities of the details of the accident. Failure to do so can result in criminal charges.

What consequences do you face for a hit and run in New York?

If you have the misfortune to sustain a conviction for a hit and run, you can expect severe penalties. Your exact penalties will depend on the severity of the underlying accident. Determining factors include the extent or lack thereof of injuries or deaths and the number of times, if any, the defendant has previously sustained convictions for this offense. With that in mind, the penalties are as follows:

  • Fines: Up to $250 for property damage only, and up to $5,000 if the accident causes injuries
  • Surcharge: Mandatory surcharge between $88 and $93
  • Points: Three points on the driver’s license if the accident causes no injuries or only minor injuries
  • License revocation: Suspension of your driver’s license for one year
  • A period of incarceration: The defendant will serve up to:
    • Fifteen days if the accident did not cause injuries
    • Three months for refusing to provide insurance information in an accident with injuries
    • One year for leaving the scene before police arrive
    • Seven years if the accident caused serious injuries or a fatality
  • A criminal conviction on your record: Defendants face anything from a traffic violation to a misdemeanor and up to a Class D felony on their criminal record.

How do you defend against a hit-and-run charge?

If law enforcement has charged you with a hit and run, you should speak with Jacob A. Rudman, Esq. who will discuss the particulars of your case and employ one of the following defenses:

  • Mistaken identity
  • No proof of damage or accident
  • You did not, in fact, flee the scene; the alleged victim did

Our firm is here to help you fight for your future.


If you are facing any criminal or traffic matter, contact us today to schedule your first consultation.

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