Understanding DUI and Hit and Run Charges in Portland

If you’ve been arrested for DUI and Hit and Run (officially “Fail to Provide Duties of a Driver”) in Portland, you are facing serious criminal charges that could have lasting consequences. Whether you’re charged with a misdemeanor or felony hit and run, it’s crucial to understand the nature of the charges, the legal process, and how an experienced attorney can help you navigate the situation.

Misdemeanor Hit and Run vs. Felony Hit and Run

The Hit and Run statute has two different classifications: misdemeanor and felony. The misdemeanor charge is typically linked to property damage, while the felony charge is associated with injury or death. The severity of these charges varies significantly.

A misdemeanor hit and run, though still serious, is generally less severe than a felony. Misdemeanor hit and run carries the same penalties as a DUI, including up to one year in jail and a fine of $6,250. However, the felony hit and run charge, which occurs when someone is injured or killed, carries much steeper penalties. If you are convicted of felony Hit and Run, you could face several years in prison, substantial fines, and other severe consequences.

Why Leaving the Scene Makes Things Worse

Leaving the scene of an accident, especially when DUI is involved, generally makes things worse. In today’s world of surveillance cameras and eyewitnesses, it’s easier than ever for police to track down the person responsible for an accident. With video footage, photos, and phone calls, investigators can piece together what happened and identify the driver who fled the scene.

Leaving the scene of a DUI-related accident adds a layer of complexity to your case. Not only do you face DUI charges, but the Hit and Run charge will likely increase the severity of your criminal charges. The consequences of fleeing the scene can be drastic, as the law takes leaving the scene very seriously.

How the Police Can Get the Facts Wrong

While officers are trained to enforce the law, sometimes they make mistakes when determining whether you were obligated to leave your information at the scene. If the police made an error during your arrest, this could work in your favor. Officers may mistakenly believe you were required to exchange information when, in fact, the statute did not mandate this.

Suppose you were arrested for Hit and Run but did not have to provide information. In that case, an experienced criminal defense lawyer can challenge the arrest and demonstrate that the officer misapplied the law. In smaller jurisdictions, police officers may not be as familiar with the laws surrounding Hit and Run, and mistakes can happen. It’s important to have a knowledgeable attorney to present your case effectively.

Can Hit and Run Charges Be Negotiated?

Unlike DUI charges, which can’t be negotiated under state statute, Hit and Run charges may be negotiable. One potential option is a civil compromise, which is an out-of-court agreement between the defendant and the victim of the accident. If the victim is satisfied with compensation, they may agree to drop the charges, which can lead to the dismissal of the hit-and-run charge.

However, it’s crucial not to contact the victim directly, as this could be considered tampering with a witness (potentially adding another criminal charge). Instead, let your attorney handle negotiations with the victim to ensure that everything is done legally and without risking further complications.

When to Contact a Criminal Defense Attorney

If you are facing DUI and Hit-and-Run charges, it’s essential to contact a reputable law firm immediately. These charges come with serious consequences, and attempting to navigate them on your own can easily make things much worse. A skilled attorney can help you understand your options, investigate the facts of the case, and work with the prosecutor to minimize the charges or even get them dropped.

Your lawyer will help you explore all possible defenses, from challenging the police’s understanding of the law to negotiating a resolution through a civil compromise. Regardless of the specifics of your case, having a qualified attorney on your side is the best way to secure the best possible outcome.

Consequences of DUI and Hit and Run Convictions

Both DUI and Hit and Run convictions carry significant penalties that can have a lasting impact on your life. These include:

• Jail time 
• Fines 
• License suspension 
• Increased insurance rates 
• A permanent criminal record 

If you are convicted of felony Hit and Run, the penalties could be even more severe, including prison and substantial fines. Having a criminal defense lawyer who understands the intricacies of DUI and Hit and Run charges can make a significant difference in the outcome of your case.

What to Do Next

If you are facing DUI and Hit and Run charges in Portland, don’t wait. Contact Reynolds Defense Firm for a free consultation. We are here to help you get past this obstacle and back on track to a better life.