Hit-and-Run Lawyer in Washington, D.C.

In Washington, D.C., “hit-and-run” is formally called Leaving After Colliding.  A driver may be charged if the driver knew or had reason to believe the vehicle was involved in a collision and failed to stop, provide identifying information, report the collision, or remain at the scene when required.

The possible penalty depends primarily on whether the collision caused personal injury or only property damage. A conviction can also add 8 or 12 points to a driving record and may lead to suspension or revocation of D.C. driving privileges.

If the Metropolitan Police Department has contacted you about a collision, avoid giving a detailed statement before speaking with a lawyer. Even an innocent explanation can establish facts the government must otherwise prove, including that you were driving the vehicle.

To discuss a hit-and-run investigation or charge, contact Koehler Law at 202-549-2374.

What does D.C. law require after a collision?

D.C. Code § 50-2201.05c applies to a person who operates or is in physical control of a vehicle in the District and knows or has reason to believe that the vehicle has been in a collision. The required response depends on the consequences of the collision.

If another person is injured

The driver must immediately stop and:

• Call 911, arrange for someone else to call 911, or request an ambulance or other emergency assistance if necessary;

• Remain at the scene until law enforcement arrives; and

• Provide identifying information to law enforcement and the injured person.

If property is damaged or a domestic animal is injured

The driver must immediately stop and provide identifying information to the owner or operator of the property or the owner of the animal. If that person is not present, the driver must provide identifying information and the collision location to law enforcement or a 911 operator.

If damaged property or an animal creates a risk to others

The driver must call 911 and provide identifying information, the collision location, and a description of the danger.

What are the penalties for hit-and-run in D.C.?

The statute divides the offense into collisions involving personal injury and collisions involving property damage, an injured domestic animal, or a resulting safety risk.

Type of case	First offense	Later qualifying offense
Personal injury	Up to 180 days in jail, a fine of up to $1,000, or both	Up to 1 year in jail, a fine of up to $2,500, or both
Property damage, injured domestic animal, or resulting safety risk	Up to 30 days in jail, a fine of up to $250, or both	Up to 90 days in jail, a fine of up to $500, or both

These are statutory maximums, not predictions of the sentence in any particular case. The result depends on the facts, the person’s record, the evidence, negotiations, and the court’s decision. Diversion or another non-trial resolution may be available in some cases, but it is not automatic.

What must prosecutors prove?

A hit-and-run prosecution requires proof beyond a reasonable doubt that:

1. The accused operated or was in physical control of a vehicle in Washington, D.C.;

2. The vehicle was involved in a collision;

3. The accused knew or had reason to believe the collision occurred; and

4. The accused failed to take one or more actions required by D.C. Code § 50-2201.05c.

The prosecution must identify the driver—not merely the owner of the vehicle—and establish the required knowledge. Video, eyewitness accounts, vehicle damage, license-plate information, statements, phone records, and 911 recordings may become important evidence.

What defenses may apply?

No defense fits every case. Depending on the evidence, a defense may focus on one or more of the following issues.

Lack of knowledge

The law requires proof that the driver knew or had reason to believe the vehicle had been in a collision. A minor impact, road noise, traffic conditions, or the location of vehicle damage may be relevant to whether the driver reasonably recognized that a collision occurred.

Mistaken identification

Proof that a vehicle was involved does not necessarily prove who was driving. A defense may challenge an eyewitness identification, unclear video, assumptions based on registration records, or other gaps in the government’s evidence.

Compliance with the statute

Records may show that the driver stopped, called 911, provided the required information, sought emergency assistance, or otherwise performed the applicable legal duties.

Reasonable concern for safety

D.C. law provides an affirmative defense when a person failed to stop or remain because of a reasonable belief that personal safety—or another person’s safety—was at risk. The person must also have notified law enforcement as soon as it was safe, supplied the required information and collision description, and followed the instructions of the 911 operator or officer. The defendant bears the burden of proving this defense by a preponderance of the evidence.

Fault for the underlying accident is not a defense. Neither are intoxication, impairment, or distraction.

What should I do if MPD contacts me about a hit-and-run?

You may confirm the officer’s name, agency, callback number, and any deadline, but consider speaking with a criminal defense lawyer before answering substantive questions. Do not lie, destroy evidence, alter the vehicle, ask another person to give a false account, or ignore a court order.

Preserve potentially relevant material, including photographs, dash-camera footage, repair records, insurance communications, location data, text messages, and call logs. A lawyer can assess whether and how to communicate with investigators and can seek evidence such as 911 recordings or surveillance video before it is lost.

Can a lawyer help before charges are filed?

Yes. Leaving After Colliding cases often begin as investigations tied to a license plate, vehicle description, witness report, or video. Counsel may be able to contact the investigator, clarify the allegation, preserve favorable evidence, and present information that affects whether the matter is referred for prosecution.

No lawyer can promise that charges will be avoided. Early representation can, however, help prevent an unguarded statement and allow the defense to begin investigating while evidence is still available.

What happens after a formal charge?

Depending on the circumstances, a person may receive a citation or summons directing the person to appear in D.C. Superior Court, or a judge may issue an arrest warrant. The case may then involve arraignment, status hearings, motions, negotiations, and—if it is not resolved—a trial.

The criminal case and any D.C. DMV proceeding are separate. A person cited or arrested for a major moving violation may face a short deadline to request a DMV permit hearing. D.C. DMV currently states that the request period is 10 calendar days for a D.C. resident and 15 calendar days for a non-D.C. resident. Because deadlines and procedures can change, confirm the instructions on the notice and with D.C. DMV immediately.

How does a conviction affect driving privileges?

According to D.C. DMV’s point-system chart:

• Leaving the scene of a collision in which no personal injury occurs carries 8 points.

• Leaving the scene of a collision in which personal injury occurs carries 12 points and automatic revocation.

• Accumulating 10 or 11 points can result in a 90-day suspension.

• A 12-point revocation lasts until DMV reinstates the license and generally cannot be reinstated for at least six months.

Out-of-state drivers can also lose the privilege to drive in the District and may face consequences from the licensing state.

Why contact Koehler Law?

With its practice focused exclusively on D.C. Superior Court, Koehler Law has extensive experience dealing with hit-and-run investigations and charges.  In some cases, we are able to work with police to head off investigations before the person is formally charged.  In other cases, we are able to work with the Office of the Attorney General in having the charges dismissed.   In a recent case, for example, we produced phone records to prove to the prosecution that our client had in fact called 911 as she was required to do by the law.  

The firm can evaluate the evidence, communicate with investigators, preserve favorable material, advise you about the criminal and DMV processes, and build a defense based on the facts of your case.

Past results do not guarantee a similar outcome. For a confidential consultation about a hit-and-run investigation or charge in Washington, D.C., call 202-549-2374.

Frequently asked questions

Is Leaving After Colliding a misdemeanor in D.C.?

The offense is generally punishable as a misdemeanor under D.C. law. The maximum incarceration ranges from 30 days for a first property-damage offense to one year for a repeat personal-injury offense.

Can I be charged if I did not cause the accident?

Yes. D.C. law expressly states that lack of fault for the collision is not a defense. The charge concerns what the driver knew and did after the collision.

What if I did not know there had been a collision?

Knowledge is an element. The government must prove that the driver knew or had reason to believe the vehicle had been in a collision. The strength of this defense depends on the circumstances and evidence.

What if I left because I felt unsafe?

D.C. law recognizes a limited affirmative defense based on a reasonable safety concern, but it also requires prompt notice to law enforcement once safe, specified information, and compliance with instructions. Simply leaving because the situation felt uncomfortable may not satisfy the statute.

Can I leave a note after hitting an unattended car?

The D.C. statute requires identifying information and the collision location to be provided to law enforcement or 911 when the property owner or operator is not present. Do not assume that leaving a note alone fulfills every legal duty.

Will I go to jail?

Jail is legally possible, but an outcome cannot be predicted from the charge alone. Relevant considerations include injury, prior offenses, the strength of the evidence, aggravating or mitigating facts, and eligibility for diversion or another negotiated resolution.

Should I call the police investigator myself?

Consider getting legal advice first. A statement intended to help may confirm identity, control of the vehicle, knowledge, or another disputed element. Never provide false information.