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Leaving the Scene of Property Damage (driving) in Massachusetts, what are the penalties for the latter?

Boston, MA |

I understand you can plea for a first time offense for a DUI a CWOF, but am concerned about the Leaving the Scene of Property Damage (hit a hydrant, damage to fender of car, & witnessed by a driver who called the police). The driver that sideswiped the hydrant thought they had just run over the median hard, and didn't realize they had hit something until a few blocks away. When they found a place where they could safely pull over (car was damaged and tire blown) about a mile away, the driver who had witnessed it had already called the police and when the "suspect" had pulled over in a safe place to inspect the vehicle, the police where there within a minute, so the driver never had time to call the police to report it. Basically, what are the penalties for the Leaving the Scene Property D

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Attorney answers 4

Posted

MGL c. 90, s. 24 seems to state this penalty:

shall be punished by a fine of not less than twenty dollars nor more than two hundred dollars or by imprisonment for not less than two weeks nor more than two years, or both;

However, the statute is changing on 7/1.

The foregoing is for general information purposes and does not establish an attorney-client relationship.

Asker

Posted

What is it changing to on 7/1? So as of now is it EITHER/OR or BOTH the fine and jail sentence. The incident occurred in the early morning of 6/21 and appeared in court at 8:30 that morning (don't know if that is called "arraingment"?) but was told to come back on 7/19 to the Primary Court Session (pretrial I suppose). Trial to be avoided, just plea the CWOF for the DUI but am curious of the Leaving the Scene charge and am worried sick if the latter is an automatic jail sentence with a guilt plea (am assuming the CWOF is only an option for the DUI)

Posted

Usually would be run concurrent with the OUI plea. What ever restitution is owed is typically put on this count. The OUI is more serious

Attorney Michael H. Erlich Eden, Rafferty, Tetreau & Erlich 238 Shrewsbury Street Worcester, MA 01604 Office: 508.791.9001 Cell. 508.769-7995 Fax: 508.795.1811 CriminalDefenseWorcester.com

Posted

There may be a way to fight the charge if the driver did not intend to escape prosecution. Talk to the attorney asap or retain one if there isn't one involved.

Good luck,

Ilir Kavaja, Esq.
(617) 515-5545

The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

Posted

I agree with attorney Langer, I would just add that it is possible to mitigate the consequences of the Leaving the Scene charge. Contact and retain an attorney.

This is not intended as legal advice and does not create an attorney-client relationship.

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