In Illinois, you have a legal duty to remain at the scene of an accident, provide information and render aid. Failing that, you have a duty to report it.
Leaving the scene of an accident involving death or personal injury is a Class 4 felony. If your accident resulted in personal injury and you failed to report it within half hour of either the accident or your discharge from a hospital, your offense becomes a Class 2 felony. Your offense is a Class 1 felony if it resulted in death.
You may also be subject to testing for alcohol or drugs in which case you may also be charged with DUI.
If you are charged with aggravated leaving the scene, contact an experienced criminal or traffic law attorney immediately. An attorney can review your case for your best possible defense. As with most criminal offenses, the state must prove all the elements of your offense beyond a reasonable doubt. An attorney can probe for weaknesses in the state’s case. Can the state prove you were the driver rather than someone else in the car? Did you know that an accident had occurred? Was it physically impossible for you to report the accident within the time limits? Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea bargain than you can on your own.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
Reference: 625 ILCS 5/11-401
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
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Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).
Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).