According to the law, hit and run is defined as failing to stop and provide important information such us your name, your contact info and license number after being involved in a collision. Hit and run does not only involve motor vehicles but also trucks, motorcycles and even pedestrians. It is also a hit and run even if the other party is not present. An example is when you hit a parked vehicle. In such a case the driver is expected to leave their information on the vehicle. If you are charged with a hit and run, below are some defenses that your hit and run accident lawyer Houston can use in court,
This is one of the least used defenses because the judges normally judge these situations strictly. However, if your hit and run accident lawyer Houston decides to use this defense he needs to show that that there was an ongoing emergency in progress. He can also decide to show that the hit or run was an attempt to prevent an emergency from happening. If this is the defense your lawyer should have a very strong case for you.
Drunk driving is considered voluntary intoxication and this cannot be your defense in court. If you are involved in a hit and run when you were drunk you cannot use the involuntary intoxication defense. This defense can be used when a person’s ability to make decisions or his consciousness has been impaired without his or her knowledge. An example of this is when a person is given the wrong medication that negatively affects his decision making. Unless your lawyer is in a position to show you had prescription pills that negatively impacted your decision making, they cannot use this as a defense.
Lack of knowledge
To be held liable for a crime, the defendant must be aware that they did cause damage or injury. If the defendant did not know that they have caused property damage or injured another party and they left the scene it is quite difficult to hold them liable. They will however be found reckless or negligent if the prosecutor can show that the defendant knew about the damage.
It can be quite difficult to defend a hit and run especially if it is clear that the defendant should have stopped and responded to the accident in question. If found guilty for a hit and run you can be charged and you will have to pay a fine or be jailed for a given period of time. To increase the chances of the charge being dropped or the fine being reduced you should hire an experienced hit and run lawyer.