Westport Evading Responsibility Charges
Evading responsibility refers to the act of abandoning the scene of a car accident. This offense is prosecuted vigorously, especially if the individual in the other car has sustained a serious injury. That is why it is important for those who have been charged with evading responsibility to speak with an experienced legal advocate. If you face Westport evading responsibility charges, work with a capable evading responsibility attorney that could build your defense.
Scenarios Leading to Evading Responsibility Charges
There are a few different ways someone could be charged with evading responsibility in Westport, and all of them depend on what kind of damage was caused, i.e., the greater the damage. All of these charges have one thing in common, i.e., someone was operating a motor vehicle, was knowingly involved in an accident, and left the scene of the accident without offering to help or offer their information.
An individual will be charged if they caused damage to property, which is the lowest level of damage for Westport evading responsibility charges. If the accident caused physical injury to another person, that would be a higher level charge, and serious physical injury to another person would increase the charge another level. The most serious kind of evading responsibility or hit and run is an accident that causes the death of another person.
Reasons to Leave the Scene of an Accident
A person could leave the scene of an accident because they were under the influence of alcohol or drugs or both. Another reason, especially with younger drivers who have never been in trouble before, is that they simply get scared and go home to get away from the scene. Other common reasons would be because their license may be expired, they do not have a driver’s license, the car’s registration is expired, or the car is not insured.
Assumptions Police Make About People Facing Evading Responsibility Charges
When there is an evading responsibility or hit and run charge in Westport, the police might automatically assume that the person fled the scene because they were under the influence of alcohol or drugs. That is why they left the scene and did not stick around, because they would have been charged with a DUI. Even in cases where that is not true, that is what the police will automatically think.
Rights When Facing Evading Responsibility Charges
Any person facing Westport evading responsibility charges has the right to do several things. An individual has the right to contact an attorney. They have the right to remain silent and the right to speak if they want to, but they should only do that with the advice of counsel.
They have the right to go court and to fight the charges. They also have the right to apply for a Pre-Trial Diversionary Program such as Accelerated Rehabilitation if they have no criminal record. They have the right to work on a plea negotiation with the prosecutor and they have the right to a trial present any evidence that can help their side of the case.
How a Westport Evading Responsibility Attorney Can Protect Your Rights
A lawyer can help protect your rights, even after the Westport evading responsibility charges have been filed by reviewing the police report and witness statements to make sure that your rights have been protected during the arrest and booking process. If your rights were not protected, then the attorney can possibly file a motion to suppress any evidence that was received in violation of your rights.
Then moving forward, they can also make sure that you do not say anything incriminating in court and make sure that your rights are protected throughout the process. If the case does go to trial, the defense attorney can make sure that all of your constitutional rights and your right to cross-examination at trial are protected as well.