If you have been charged with leaving the scene of an accident involving injury or death, you have to be concerned not only with the potential penalty in court, but also with the loss of driving privileges. This crime can result hypothetically in a lifetime loss of driving privileges.
The Illinois Secretary of State is authorized by statute to revoke the driving privileges of any person who is found guilty of leaving the scene of an accident involving injury or death. This authority is found in the vehicle code at 625 ILCS 5/6-205(a)(4).
The statute reads as follows:
Except as provided in this Section, the Secretary of State shall immediately revoke the license, permit, or driving privileges of any driver upon receiving a report of the driver’s conviction of any of the following offenses:
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Violation of Section 11-401 of this Code relating to the offense of leaving the scene of a traffic accident involving death or personal injury.
See 625 ILCS 5/6-205(a)(4).
This is not a vehicle code offense for which you can avoid a suspension or revoked license by getting supervision.
Most tickets for leaving the scene of an accident are misdemeanors, which allow for supervision. But if the accident involves an injury or fatality, the situation is different. A charge for leaving the scene of an accident that involves injury or death is a felony.
A felony charge carries a possible punishment of one year in prison or more. Compare that to a misdemeanor, which has a maximum punishment of less than one year imprisonment.
Court supervision is not possible for a felony offense, regardless of whether that felony comes from the vehicle code or the criminal code. The minimum sentence is a conviction. Therefore, if you are found guilty of this crime, or you plead guilty, the Secretary of State will revoke your license.
The offense of leaving the scene of an accident involving injury or death is established by 625 ILCS 5/11-401. The law provides the following:
The driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible and shall then forthwith return to, and in every event shall remain at the scene of the accident until the requirements of Section 11-403 [the duty to give information and render aid] have been fulfilled.
See 625 ILCS 5/11-401(a).
If you find yourself in the situation, you should consult with an attorney who is knowledgeable on traffic law issues. While the impact of a sentence of incarceration is serious, the loss of driving privileges can have an effect that lasts much longer.
