Nevada Hit and Run Charges
In Nevada, it is a crime to flee from the scene of a motor vehicle accident. Nevada's statutes require you to stop at the scene of an accident. You must also do the following:
- Exchange information to the other parties involved in the accident
- Provide assistance
- Do not flee the scene
How Serious is Hit and Run in Nevada?
Depending on the type of accident, and whether anyone was injured, hit and run can be a relatively minor offense. For example, hit and run is a misdemeanor if it involves only property damage, and no other person was involved. A misdemeanor is punishable by up to 6 months in the county jail.
If someone was injured, or even killed, it becomes much more serious to commit the offense of hit and run. These offenses with injury or death will be prosecuted as Category B felonies, which can include penalties of up to 2 to 20 years in state prison.
What about Probation for Hit and Run?
The misdemeanor version of hit and run will ordinarily be resolve without jail time and without probation. However, if you get convicted of the injury or death version of hit and run, the Court may not suspend the prison sentence or grant probation. An attorney in this type of case will have to fight hard to negotiate a plea bargain that does not include prison time.
What is the Statutory Language for Hit and Run in Nevada?
There are numerous statutes which set forth the requirements for your duties upon being involved in any motor vehicle accident. They include the following:
NRS 484E.010 Duty to stop at scene of crash involving death or personal injury; penalty.
1. The driver of any vehicle involved in a crash on a highway or on premises to which the public has access resulting in bodily injury to or the death of a person shall immediately stop his or her vehicle at the scene of the crash or as close thereto as possible, and shall forthwith return to and in every event shall remain at the scene of the crash until the driver has fulfilled the requirements of NRS 484E.030.
2. Every such stop must be made without obstructing traffic more than is necessary.
3. A person failing to comply with the provisions of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and by a fine of not less than $2,000 nor more than $5,000. A person failing to comply with the provisions of subsection 1 commits a separate offense under this section for the bodily injury to or the death of each person that results from a crash with regard to which the person failed to comply with the provisions of subsection 1.
4. A sentence imposed pursuant to subsection 3 may not be suspended nor may probation be granted.
NRS 484E.020 Duty to stop at scene of crash involving damage to vehicle or property; duty to move vehicle under certain circumstances; penalty. [Effective January 1, 2023.]
1. The driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall:
(a) Immediately stop his or her vehicle at the scene of the crash; and
(b) If the driver's vehicle is creating a hazard or obstructing traffic and can be moved safely, move the vehicle or cause the vehicle to be moved out of the traffic lanes of the roadway to a safe location that does not create a hazard or obstruct traffic and, if applicable, safely fulfill the requirements of NRS 484E.030.
2. A person who violates this section is guilty of a misdemeanor.
NRS 484E.030 Duty to give information and render aid; report if no police officer present; penalty. [Effective January 1, 2023.]
1. The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall:
(a) Give his or her name, address and the registration number of the vehicle the driver is driving, and shall upon request and if available exhibit his or her license to operate a motor vehicle to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in such crash;
(b) Give such information and upon request manually surrender such license to any police officer at the scene of the crash or who is investigating the crash; and
(c) Render to any person injured in such crash reasonable assistance, including the carrying, or the 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.
2. If no police officer is present, the driver of any vehicle involved in such crash after fulfilling all other requirements of subsection 1 and NRS 484E.010, insofar as possible on his or her part to be performed, shall forthwith report such crash to the nearest office of a police authority or of the Nevada Highway Patrol and submit thereto the information specified in subsection 1.
3. A person who violates this section is guilty of a misdemeanor.
NRS 484E.050 Immediate notice to police officer of crash involving unattended vehicle or other property; penalty. [Effective January 1, 2023.]
1. The driver of a vehicle which is involved in a crash with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately by the quickest means of communication give notice of such crash to the nearest office of a police authority or of the Nevada Highway Patrol.
2. Whenever the driver of a vehicle is physically incapable of giving an immediate notice of a crash as required in subsection 1 and there was another occupant in the vehicle at the time of the crash capable of doing so, such occupant shall make or cause to be given the notice not given by the driver.
3. A person who violates this section is guilty of a misdemeanor.
What are some Defenses to Hit and Run Charges?
Every case is unique, but there are some common defenses to allegations of hit and run that your defense attorney would investigate. These may include:
- Someone else was driving your car, not you.
- You did not know you were involved in an accident (i.e., perhaps you clipped a pedestrian but did not notice).
- You were too injured to stop and render aid
- You were too disorientated due to a medical emergency
Contact a Liberators Criminal Defense attorney today for a free initial case review to help you plan a course of action and start fighting for your rights.