What is the sentencing of probation for a class B misdeamor of duty on stricking highway or landscaping?

Asked over 2 years ago - San Angelo, TX

The police are alleging that I struck a pole and did not report or stay around to give my insurance information I would guess to the county. However there was no pole and surely if I struck a pole and caused more then 200.00 dollars in damage to the pole there would be some damage to my vehicle as well.

Attorney answers (1)

  1. Cynthia Russell Henley

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If you are not guilty, fight the case with a good lawyer. You need to hire one anyway. And, in reading the relevant statutes below, I do not see how they can convict you IF the pole did not belong to an individual. To whom would it be reported? You must only file an accident report if the damage is over $1,000 which it does not sound like it was.

    Class b misdemeanors carry a jail sentence up to 6 months and a fine of up to $2,000.

    Here are the code sections from the transportation code: Sec. 550.025. DUTY ON STRIKING STRUCTURE, FIXTURE, OR HIGHWAY LANDSCAPING. (a) The operator of a vehicle involved in an accident resulting only in damage to a structure adjacent to a highway or a fixture or landscaping legally on or adjacent to a highway shall:
    (1) take reasonable steps to locate and notify the owner or person in charge of the property of the accident and of the operator's name and address and the registration number of the vehicle the operator was driving;
    (2) if requested and available, show the operator's driver's license to the owner or person in charge of the property; and
    (3) report the accident if required by Section 550.061.
    (b) Person commits offense if person violates Subsection (a). An offense is:
    (1) a Class C misdemeanor, if damage to all fixtures and landscaping is less than $200; or
    (2) a Class B misdemeanor, if the damage to all fixtures and landscaping is $200 or more.


    Sec. 550.061. OPERATOR'S ACCIDENT REPORT. (a) The operator of a vehicle involved in an accident shall make a written report of the accident if the accident is not investigated by a law enforcement officer and the accident resulted in injury to or the death of a person or damage to the property of any one person to an apparent extent of $1,000 or more.
    (b) The report required by Subsection (a) must be filed with the department not later than the 10th day after the date of the accident.
    (c) A person commits an offense if the person does not file the report with the department as required by this section.
    (d) Venue for the prosecution of an offense under this section is in the county in which the accident occurred.
    (e) The department may require:
    (1) operator of a vehicle involved in an accident in which a report is required by this section to file a supplemental report if the department considers the original report insufficient; and
    (2) a witness of an accident to make a report with the department.

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