As a member of the Legal Committee for the Oregon Criminal Defense Lawyers Association. I have become extremely knowledgeable in all DUI laws and related crimes, and have represented dozens of alleged offenders. There are defenses to hit and run and many times, a conviction for hit and run can be avoided.
In Oregon, if you are charged with a hit and run in the course of being charged with a DUI you also face a suspension of your driver's license. The crime of hit and run falls into two categories. Officially known as Failure to Perform the Duties of a Driver When Property is Damaged is a misdemeanor which carries with it a 90 day suspension and up to one year in jail and a fine of up to $6,500.
To sustain a conviction for Failure to Perform the Duties of a Driver When Property is Damaged, the state must show that you were involved in a collision where another person's property is damaged and knowingly failed to immediately contact the owner and exchange insurance information.
Failure to Perform the Duties of a Driver To Injured Persons is a class C felony which carries with it a maximum prison term of up to 5 years and a maximum fine of $125,000 as well as probation of up to 3 years. If a person suffers a serious injury it could be a class B felony with up to 10 years in prison and a maximum fine of $250,000, with a revocation of your license for up to 1 year.
If you are convicted of a DUI in connection with one of the hit and run crimes, the suspensions usually run concurrently, or at the same time, as your DUI suspension. Contact me at my firm, Neal Weingart, Attorney at Law, LLC if you have been charged with a hit and run and DUI for a free consultation of your options. The state must prove each element of the offense beyond a reasonable doubt. Often it is difficult to achieve this, as a mental state of "knowingly" must be shown when and if you left the scene after an accident.
Please call my office today to schedule an appointment where we can discuss the case and determine whether or not I can protect your rights and help you avoid such a serious conviction and its associated penalties. Contact me now.