Our Hit and Run Defense Lawyer Helps You
Have you been charged with leaving the scene of an accident in Central KY? This is considered a serious offense, so you should get the help of a defense lawyer experienced in handling these cases.
Kentucky traffic laws require that any person involved in a crash or pedestrian accident remain at the scene. Depending on the circumstances and injuries associated with the accident, the penalties for leaving a crash scene in Kentucky can range from paying a very large fine to spending time in jail, or even prison, especially if there are injured victims or the driver was intoxicated.
Protect yourself by talking to the experienced Lexington, KY, hit-and-run defense attorneys of the Carman Law Firm. We will examine the details of your case and use every available legal resource to build the strongest possible defense. Every situation has unique facts and circumstances affecting the outcome, and not all motor vehicle hit-and-run charges have to end in conviction.
We provide each client with the same aggressive and thorough representation, all aimed to take advantage of opportunities for reduced bond, case dismissal, reduced charges, reduced sentences, and alternatives to imprisonment. Our founding attorney, Dan Carman, is admitted to practice in Kentucky state courts, the federal courts in both the Eastern and Western Districts of Kentucky, and in the U.S. Sixth Circuit Court of Appeals. A native of Lexington, Kentucky, and a graduate of the University of Kentucky College of Law, he is proud to offer his services to help his community.
Call us today for a free initial consultation to determine the best way to start your defense.
Why Choose Our Hit and Run Attorneys in Lexington, KY?
There are many attorneys out there, and you should hire one you can trust and who can provide the aggressive defense you need when faced with serious charges. Dan Carman has worked as a prosecutor, so he knows how they operate and how the criminal system works. He has defended those charged with rape, possession and distribution of drugs, possession of child pornography, larceny, hazing, obstruction of justice, and many other crimes. He works tirelessly for his clients to provide them with the best defense possible. Here are some other reasons why we feel we are your best choice:
- We focus on criminal law cases and will help guide you through the intricate legal processes involved. Managing partner Dan Carman is a knowledgeable, compassionate Kentucky hit & run defense attorney who will work diligently with you and tirelessly for you.
- We are local and familiar with local issues and local courts – Dan Carman is a native of Lexington, Kentucky, and graduated from the University of Kentucky College of Law in 2005, where he was a member of the Kentucky Law Journal.
- We are recognized. Dan has been selected as one of the National Trial Lawyers Top 100, an invitation-only organization composed of the premier trial lawyers from each state in the nation who meet stringent qualifications as a civil plaintiff and/or criminal defense trial lawyer.
- We are available 24/7.
- We provide free, confidential, and no-obligation consultations.
- We are happy to give advice to help you in any way we can.
How Dan Carman Works for You
When you have Dan Carman on your side, our legal team will get to work immediately to pursue justice for you. We will:
- Meet with you and listen to your explanation of how the hit and run happened and determine what possible defenses we might use.
- Gather evidence such as from photos and videos and from police, accident and medical reports.
- Interview witnesses and first responders.
- Examine the actions of the law enforcement officials to determine if the laws and requirements pertaining to arrests were fully met and examine other circumstances surrounding the case to make sure your rights are protected. If there is evidence which may be found inadmissible because it was unlawfully obtained, this can greatly enhance the possibility that you will be found not guilty.
- Take care of all legal requirements in a timely manner, including filing all paperwork, making court appearances, and handling appeals.
- Negotiate aggressively with prosecutors and other attorneys to have your charges dropped or reduced.
- Build your case and take it to court to defend you before a judge and jury, if necessary.
We will be there for you throughout the entire legal process, walking you through each step of your defense and ensuring that you are fully prepared. Time is often of the essence when a person is placed under arrest, so it’s important to reach out to us as soon as possible.
Accident Defense Lawyer Explains Hit and Run Laws
Hit and run is a condensed way of referring to a situation where a driver is involved in an accident with another vehicle, a pedestrian, or a fixed object, and leaves the scene and/or does not contact law enforcement and/or fails to give aid. This offense arose from olden days when driving goggles, dusty roads, and lack of license plates all contributed to make it tough for victims of traffic wrecks to identify perpetrators, but it has modern rationales, as well.
Today’s legal definition of the offense does not reference fault. Rather, the offense is committed when the driver fails to offer assistance and flees the scene. Chapter 189 of the Kentucky Revised Statutes states that the operator of any vehicle involved in an accident resulting in injury, death, or property damage has a duty to immediately stop, ascertain the extent of the injury or damage, and render reasonable assistance. Moreover, the operator must give the other party certain information, including name, address, phone number, and insurance company details. This is true whether or not the other vehicle is occupied.
A driver who leaves the scene of an accident that results in only property damage is, of course, treated less harshly than one who flees an accident that results in serious injury or death. However, failing to leave contact or insurance information can result in the escalation of a minor fender bender from a traffic ticket to a misdemeanor crime. Regardless of the type of harm caused, leaving the scene suggests guilt, and that can be a hard presumption to overcome without the help of a skilled KY defense attorney.
Hit and Run Attorney Knows Defenses
Some of the possible explanations that can be raised:
- There were urgent circumstances leading up to the accident or that can explain why the driver left the scene. Being able to argue that he or she had reasonable cause to leave the scene may not result in an acquittal or a dismissal of the charge, but it may lessen the severity of the sentence.
- The driver did not know of the damage or injury, so the leaving wasn’t unreasonable.
- The driver’s consciousness or ability to make reasonable decisions was involuntarily compromised.
- The driver suffers from an injury or disability that prevented him or her from rendering assistance.
Creative defense arguments can also involve elements of mistake, double jeopardy and procedural issues.
Penalties for Hit and Run
In Kentucky, leaving the scene of a hit-and-run accident is considered a Class A misdemeanor unless death or serious physical injury is involved. At that point, it becomes a Class D felony.
The penalties that can be imposed are as follows:
- Class A misdemeanor — up to 365 days in jail and a maximum fine of $500.
- Class D felony — between one and five years in prison and fined up to $10,000.
A conviction for hit-and-run also includes assessing six points to the defendant’s license to drive and may result in cancellation of his or her vehicle insurance policy. Significantly, a conviction for Leaving the Scene of an Accident can result in a 6-month administrative driver’s license suspension by the Kentucky Department of Transportation.
In some cases, we can negotiate to have the case changed to a lesser charge for a lesser penalty. It is far more preferable to be convicted of, for example, Failure to Report an Accident (Failure to File an Accident Report) and simply pay a fine.
We Can Help
Whether this is the first time you have been arrested or cited or you have prior criminal convictions on your record, securing good legal representation early in the process is crucial to your case. Come to the Kentucky defense attorneys at the Carman Law Office to discuss the charges, review the circumstances of your arrest, and make a plan for defending your rights.
Managing partner Dan Carman is a knowledgeable, compassionate Kentucky hit & run defense attorney who will work diligently with you and tirelessly for you. He has wide-ranging experience from when he served in the United States Marine Corps as defense counsel, prosecutor, legal assistance attorney, and in-house counsel for an infantry battalion. This background gives him a valuable understanding about both sides of the legal process, which can be very beneficial to his clients, whether charged with a hit and run, DUI, reckless driving, or other vehicle infraction. He knows how the Kentucky criminal justice system operates and will personally handle your case every step of the way.
Dan offers a free initial consultation to help you get started. Call his office today at 859-685-1055 to start your defense now.