A Complete Legal Guide to Understanding, Defending, and Navigating Hit and Run Offenses in Georgia
Being involved in a traffic accident can be stressful, but what follows can be far worse—especially if you’re accused of leaving the scene. Hit and run charges in Georgia are taken extremely seriously and can result in heavy fines, license suspension, and even jail or prison time.
If you’re facing a hit and run charge, or if you’ve been involved in an accident and are unsure of your legal obligations, it’s critical to understand Georgia law and your rights. The hit and run lawyers at The Sherman Law Group have successfully represented clients across Georgia in criminal traffic cases and know exactly how prosecutors build these cases—and how to defend against them.
This comprehensive guide explains what hit and run means in Georgia, what the law requires of drivers after an accident, the penalties you may face, and how to fight the charge in court.
1. What Is Considered a Hit and Run in Georgia?
In Georgia, a "hit and run" occurs when a driver is involved in a vehicle accident and then leaves the scene without fulfilling their legal obligations—especially without stopping to give information or provide assistance.
It doesn’t matter whether the accident involves another vehicle, a pedestrian, a bicyclist, or even property. If you flee the scene, it may result in criminal charges under Georgia law.
2. Georgia’s Hit and Run Law: O.C.G.A. § 40-6-270
Under O.C.G.A. § 40-6-270, Georgia law requires that:
“The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to a vehicle which is driven or attended by any person shall immediately stop the vehicle at the scene of the accident.…”
The law also requires that the driver:
- Give their name, address, and vehicle registration number
- Show their driver’s license upon request
- Render reasonable assistance, such as calling 911
Failing to meet these requirements—even unintentionally—can result in hit and run charges.
3. What You Are Legally Required to Do After an Accident
If you are involved in an accident in Georgia, you must:
- Stop your vehicle as close as safely possible to the scene
- Remain at the scene until you've fulfilled your legal duties
- Exchange information with the other party (if applicable)
- Provide aid if someone is injured (e.g., call an ambulance)
- Contact law enforcement when there is injury, death, or major property damage
Failure to do any of the above may result in charges—even if the accident wasn’t your fault.
4. Misdemeanor vs. Felony Hit and Run in Georgia
In Georgia, most hit and run charges are misdemeanors, but they can be elevated to felonies if:
- The accident causes serious injury or death
Felony hit and run charges carry stiffer penalties and longer imprisonment.
5. Penalties for Hit and Run in Georgia
The penalties for hit and run vary depending on whether it’s a misdemeanor or felony:
Misdemeanor Hit and Run
- Up to 12 months in jail
- Fines up to $1,000
- License suspension
- Probation
- Community service
Felony Hit and Run (if serious injury or death involved)
- Years in prison
- Hefty fines
- Mandatory license revocation
- Possible restitution to victims
Even a first-time offense can have life-altering consequences. That’s why legal representation is critical.
6. License Suspension and Other Collateral Consequences
A hit and run conviction can lead to:
- Automatic license suspension (especially with serious injury)
- Increased insurance rates or denial of coverage
- A permanent criminal record
- Job loss or difficulty finding employment
- Immigration consequences for non-citizens
Some drivers don’t realize that even a plea deal may still carry license suspension, so having the right attorney matters.
7. Common Situations That Lead to Hit and Run Charges
Some of the most common scenarios include:
- Driver panics and flees
- Didn’t realize the accident caused damage or injury
- Hitting a parked car and failing to leave information
- Driving without insurance or on a suspended license
- Driving under the influence and trying to avoid DUI charges
Each case is unique—and so is every defense strategy.
8. Legal Defenses to Hit and Run Charges
Possible defenses include:
- Lack of knowledge (you didn’t know an accident occurred)
- Mistaken identity (you were not the driver)
- No damage or injury occurred
- You provided information but the other party didn’t receive it
- Medical emergency or other legal justification
We evaluate the facts, investigate thoroughly, and challenge the prosecution's case at every turn.
9. Should I Turn Myself In After a Hit and Run?
It depends. If you believe you may be under investigation, consult with an attorney before making any statements to police. Turning yourself in can sometimes show good faith—but only under the right conditions.
The wrong approach can make your situation worse. Let your lawyer guide the timing and messaging.
10. What If I Didn’t Know I Hit Someone?
This is more common than many think—especially in low-speed or nighttime collisions. Georgia law requires intent or knowledge of the accident. If we can prove you had no way of knowing, we may be able to defeat the charge.
11. Investigations and Arrests in Hit and Run Cases
Police often investigate hit and runs using:
- Eyewitness testimony
- Surveillance footage (traffic or private cameras)
- Paint or debris from your car
- Vehicle damage patterns
- Social media or online activity
If your vehicle is identified, you may be contacted for questioning or asked to surrender. Always speak to a lawyer first.
12. Hit and Run Involving Serious Injury or Death
These are the most severe cases and are charged as felonies under Georgia law. Prosecutors are aggressive, and judges may impose prison time even for a first offense.
You need a strategic and experienced legal defense—starting the moment you're under suspicion.
13. Difference Between Hit and Run and “Failure to Report”
While they are related, they are not the same:
- Hit and Run: Fleeing the scene without stopping
- Failure to Report: Not calling police or reporting the accident afterward
Both can be charged together or separately. Our job is to reduce or dismiss charges through negotiation or trial.
14. How Prosecutors Prove Hit and Run
To convict you, prosecutors must prove that:
- You were the driver
- An accident occurred
- You knew or should have known
- You failed to stop and fulfill legal duties
Each of these elements can be challenged—and reasonable doubt can lead to dismissal or acquittal.
15. Why You Need a Georgia Criminal Defense Lawyer
Hit and run charges aren’t just traffic violations—they’re criminal offenses with lasting consequences. Having an experienced attorney means:
- Investigating facts and video evidence
- Communicating with police and prosecutors for you
- Crafting strategic defenses
- Negotiating reduced charges or dismissals
- Protecting your license and your future
At The Sherman Law Group, we handle these cases regularly, and we know how to build a strong defense in your favor.
16. How The Sherman Law Group Can Help You
We bring decades of combined experience to every case. We’ve helped clients facing everything from minor fender benders to felony hit and runs involving injuries or fatalities. Our approach is:
- Strategic
- Aggressive
- Personalized
We understand the legal system, the prosecutors, and the tactics that work. Whether we’re fighting for dismissal, negotiating a plea, or taking your case to trial, we are fully committed to your defense.
Frequently Asked Questions (FAQ) About Hit and Run Charges in Georgia
Q1: What is considered a hit and run in Georgia?
A hit and run occurs when a driver involved in an accident leaves the scene without stopping to give information, render aid, or contact law enforcement as required by law under O.C.G.A. § 40-6-270.
Q2: Is hit and run a felony or misdemeanor in Georgia?
It depends. A hit and run involving only property damage is typically a misdemeanor, punishable by up to 12 months in jail. However, if someone is seriously injured or killed, it can be charged as a felony, with penalties of including prison.
Q3: What should I do if I left the scene accidentally?
Contact a criminal defense attorney immediately. Do not speak with law enforcement or insurers until you’ve consulted legal counsel. Admitting fault without legal guidance can be used against you.
Q4: Can I be arrested if I leave the scene and then come back later?
Yes. Even if you return, the law may still treat the incident as a hit and run if you initially left without fulfilling legal obligations. Timely and proper action at the scene is critical.
Q5: What if I hit a parked car and couldn’t find the owner?
You must make a reasonable effort to locate the owner. If that fails, you’re required to leave a note with your contact information and notify local law enforcement. Failure to do either could result in hit and run charges.
Q6: Can I be charged with hit and run if I was not at fault for the accident?
Yes. Fault is not the issue. Leaving the scene—regardless of who caused the accident—can still result in criminal charges.
Q7: Will my driver’s license be suspended for a hit and run?
Yes. A conviction for hit and run in Georgia results in an automatic license suspension. For a first offense, it’s typically 120 days before you can reinstate, whereas the suspension can be for one year, and longer for repeat offenders or more serious cases.
Q8: What if I didn’t know I hit someone or something?
This defense depends on the specific facts. If it’s believable and provable that you didn’t realize an impact occurred, it may be a valid defense. Your attorney can help gather evidence to support your claim.
Q9: How can a lawyer help with my hit and run case?
A criminal defense attorney can:
- Investigate the facts and build a strong defense
- Negotiate with prosecutors to reduce or dismiss charges
- Represent you in court
- Help avoid jail, fines, and license suspension
- Possibly resolve the case without formal charges being filed
Q10: Can a hit and run charge be expunged in Georgia?
Currently, Georgia does not allow expungement of convictions for hit and run. However, if charges are dismissed or you’re acquitted, you may be eligible for record restriction.
Q11: Will my insurance company find out about a hit and run charge?
Yes. Insurance companies often conduct their own investigations and will likely learn about the incident if a police report is filed or if you are arrested or convicted. A hit and run charge can lead to increased premiums, policy cancellation, or denial of future coverage.
Q12: Can I be sued civilly in addition to being criminally charged?
Yes. Victims of a hit and run may file a civil lawsuit for damages, including medical bills, lost wages, pain and suffering, and property damage—separate from any criminal penalties you may face.
Q13: What if I panicked and drove away out of fear?
While panic is a common emotional response, Georgia law does not excuse leaving the scene. However, your attorney may be able to argue mitigating circumstances or lack of criminal intent depending on the details.
Q14: Can I be charged if I was a passenger in a hit and run vehicle?
Generally, only the driver can be charged with hit and run. However, passengers who encourage or assist in leaving the scene could potentially face related charges such as obstruction or being an accessory.
Q15: What happens if the hit and run involved a pedestrian?
If a pedestrian is involved and the driver flees the scene, it significantly increases the likelihood of felony charges—especially if the pedestrian is seriously injured or dies. Penalties can include years of prison time and permanent criminal records.
Q16: How do police investigate a hit and run?
Law enforcement may use:
- Surveillance or traffic cameras
- Eyewitness statements
- Paint chips or vehicle debris
- Vehicle registration databases
- Insurance claims
Even partial license plate numbers or vehicle descriptions can lead to identification and arrest.
Q17: Is it possible to negotiate a plea deal in a hit and run case?
Yes. An experienced defense attorney can often negotiate a plea to a lesser charge (such as failure to report an accident) or even seek dismissal if the evidence is weak. Prosecutors may agree to alternatives like restitution or community service, especially for first-time offenders.
Q18: Does it matter if the hit and run happened on private property?
No. Whether the incident occurred on a public road or private property (such as a parking lot), Georgia law still applies. You must stop, provide information, and take reasonable steps to notify authorities or the property owner.
Q19: How long do prosecutors have to file charges for a hit and run?
For a misdemeanor hit and run, the statute of limitations is generally 2 years from the date of the offense. For a felony hit and run, prosecutors have up to 4 years. However, delays in investigation or arrest don’t necessarily prevent prosecution.
Q20: Should I turn myself in if I committed a hit and run?
You should immediately consult with a criminal defense attorney before taking any action. Turning yourself in without legal advice can lead to self-incrimination and harsher consequences. A lawyer can guide you through the process and potentially help minimize charges.
Q21: Can a hit and run be expunged from my record in Georgia?
Unfortunately, Georgia does not allow expungement of convictions for hit and run offenses. If the case was dismissed or you were found not guilty, you may be eligible to restrict (seal) the record, but convictions stay on your criminal history permanently.
Q22: How can a lawyer help in a hit and run case?
A skilled Georgia criminal defense lawyer can:
- Investigate the facts independently
- Challenge police evidence
- Negotiate with prosecutors
- Protect you from self-incrimination
- Fight for reduced charges or dismissal
- Represent you in court or at trial
Having a reputable legal team like The Sherman Law Group can dramatically impact the outcome.
Q23: Is jail mandatory for a first-time hit and run offense?
Not necessarily. While Georgia law allows jail time even for first offenses, a strong legal defense may help avoid incarceration. Judges have discretion and may impose fines, probation, community service, or driving classes instead—especially for non-felony cases.
Q24: What’s the difference between “hit and run” and “leaving the scene”?
In Georgia, these terms are used interchangeably. Officially, the offense is “hit and run” under O.C.G.A. § 40-6-270, and it refers to leaving the scene of an accident without fulfilling legal duties.
Q25: Can I lose my job over a hit and run charge?
Yes. Employers—especially in fields like transportation, education, or government—may suspend or terminate employment due to:
- A criminal conviction
- Loss of driving privileges
- Missed work from court dates or jail
- Negative publicity or ethical concerns
Even an arrest, without a conviction, can have employment consequences.
Q26: Can I be arrested later even if I wasn’t arrested at the scene?
Yes. Police may gather evidence (e.g., surveillance, witness tips, vehicle damage) and issue a warrant for your arrest days or weeks later. Just because you weren’t detained initially doesn’t mean you’re in the clear.
Q27: What are common defenses to a hit and run charge?
Some common legal defenses include:
- You didn’t realize an accident occurred
- You were not the driver
- Your car was stolen or borrowed
- No damage or injury occurred
- Police have insufficient or unreliable evidence
- You stopped but couldn’t locate the other party
Every case is different, so legal strategy must be tailored.
Q28: Will a hit and run affect my ability to travel or get a passport?
Possibly. A felony conviction may make it harder to travel internationally, get a passport, or obtain a visa. Some countries may deny entry based on criminal records. Misdemeanors are less likely to trigger travel issues, but it depends on the destination.
Q29: What’s the impact of a hit and run on immigration status?
For non-citizens, a hit and run conviction—especially a felony—can lead to:
- Deportation proceedings
- Denial of naturalization
- Loss of DACA or visa eligibility
- Inadmissibility for reentry
If you are not a U.S. citizen, consult both a criminal defense attorney and immigration attorney immediately.
Q30: What should I do if I’m wrongly accused of hit and run?
Do not contact the victim or police directly. Instead:
- Retain an experienced criminal defense lawyer immediately.
- Gather evidence (dashcam footage, alibi, receipts).
- Do not post about the incident on social media.
- Let your lawyer handle all communications and investigation.
The sooner you act, the better your chances of clearing your name.
Don’t Face Hit and Run Charges Alone: Hit and Run Lawyer Near Me
If you’ve been charged with—or are being investigated for—a hit and run in Georgia, now is the time to take action. These cases move quickly, and the consequences of delay can be severe. Your license, freedom, and record are at stake.
At The Sherman Law Group, we know the law, the system, and how to protect your rights. We are experienced Georgia criminal defense attorneys who fight smart and fight hard for every client.
Call us now for a confidential consultation.
Serving clients in Metro Atlanta and throughout Georgia.