Hit and Run – NRS 484E

Overview

Hit and run is a serious offense under Nevada Revised Statute (NRS) 484E, which pertains to accidents involving motor vehicles where a driver leaves the scene without providing necessary information or rendering aid. This law reflects the state’s commitment to ensuring accountability and safety on the roads. Understanding the implications of this statute is crucial for drivers, accident victims, and legal professionals.

Definition of Hit and Run

Under NRS 484E, “hit and run” refers to the act of leaving the scene of an accident without providing personal information or assistance to anyone injured. Key components of the law include:

1. Involvement in an Accident: The law applies when a driver is involved in a collision, whether it causes damage to property or injury to individuals.
2. Failure to Stop: A driver is required to stop at the scene of the accident and provide their name, address, and insurance information to the other party involved.
3. Obligation to Assist: If someone is injured, the driver must also offer reasonable assistance, which may include calling emergency services or helping the injured party.

Legal Requirements for Prosecution

To secure a conviction for hit and run under NRS 484E, the prosecution must prove several elements beyond a reasonable doubt:

1. Existence of an Accident: The prosecution must establish that an accident occurred involving the accused.
2. Leaving the Scene: It must be shown that the accused left the scene of the accident without providing required information or assistance.
3. Intent: The prosecution must demonstrate that the accused knowingly failed to fulfill their legal obligations under the law.

Related Offenses

Hit and run is related to several other offenses, including:

• Driving Under the Influence (DUI) – NRS 484C: If a driver is intoxicated at the time of the accident, they may face DUI charges in addition to hit and run.
• Negligent Driving – NRS 484B.653: Involves driving in a manner that could endanger others, which can be charged alongside hit and run.
• Reckless Driving – NRS 484B.653: If the accident was caused by reckless driving behavior, this may result in additional charges.

Examples of Hit and Run Offenses

To illustrate how NRS 484E is applied, consider these examples:

• Example 1: A driver rear-ends another vehicle at a stoplight and, instead of exchanging information, drives away from the scene. This act can lead to charges of hit and run.
• Example 2: A cyclist is struck by a car, and the driver involved leaves the scene without offering assistance or reporting the incident to the authorities. This behavior constitutes a hit and run.

Penalties for Hit and Run

The penalties for committing hit and run under NRS 484E can be significant and vary depending on the circumstances of the incident:

• Misdemeanor Charges: If the accident only results in property damage, hit and run is typically charged as a misdemeanor, leading to:
  • Imprisonment: Up to 6 months in jail.
  • Fines: Up to $1,000.
• Felony Charges: If the accident results in injury or death, the penalties increase significantly, potentially leading to:
  • Category B Felony: If someone is seriously injured, the charge can be classified as a Category B felony, carrying:
    • Imprisonment: 2 to 15 years in the Nevada Department of Corrections.
    • Fines: Up to $5,000.

Defenses Against Hit and Run Charges

If you are facing charges for hit and run under NRS 484E, several defenses may apply:

1. Lack of Knowledge: Demonstrating that the accused did not know they were involved in an accident can be a defense. For instance, if the accident was minor and went unnoticed, this may mitigate liability.
2. Insufficient Evidence: If the prosecution cannot provide adequate evidence to prove that the accused left the scene knowingly, the charges may be dismissed.
3. Mistaken Identity: If the accused can show that they were not the driver involved in the accident, this can lead to a dismissal of charges.
4. Emergency Situations: If the accused left the scene to seek medical assistance for themselves or someone else, this may be considered a valid reason for not remaining at the accident site.

The Importance of Legal Representation

Navigating the complexities of hit and run charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling traffic-related offenses equips him to provide a robust defense against charges under NRS 484E.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in cases involving hit and run.

Understanding Your Rights

If you are accused of hit and run, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against hit and run charges under NRS 484E in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.