The Seriousness of the Hit-and-Run Offense and its Legal Consequences

Being involved in a road accident is a traumatic experience that can generate panic and confusion. However, leaving the scene of the accident, especially in the presence of personal injury, constitutes conduct severely sanctioned by the Highway Code and the Criminal Code. As a criminal lawyer in Milan, I understand that often behind a hit-and-run there is not a criminal intent, but a state of momentary shock. However, it is crucial to act promptly to manage the defense position, as the consequences can range from imprisonment to the revocation of the driving license.

Article 189 of the Highway Code imposes the obligation to stop and provide assistance. The law distinguishes two autonomous offenses: the hit-and-run offense, which is completed by simply leaving the scene to avoid identification, and the offense of failure to render assistance, which is much more serious, occurring when necessary assistance is not provided to injured persons. Case law is very strict: the obligation to stop exists even in doubt that there has been personal injury. Facing these accusations requires a clear-headed and competent defense strategy, capable of analyzing every detail of the accident's dynamics.

Studio Legale Bianucci's Approach to Defending Against Road Offenses

At Studio Legale Bianucci, located at via Alberto da Giussano 26, we handle road offense cases with an analytical and personalized method. The role of a lawyer experienced in criminal law and road traffic is not only to mitigate the penalty but to reconstruct the procedural truth. Our defense strategy often focuses on the subjective element of the offense, i.e., intent: it is necessary to demonstrate whether there was real awareness of the accident and the injuries caused, or if leaving the scene was the result of a failure to perceive the impact or a state of necessity.

We collaborate with technical consultants to analyze the compatibility of the damages and the dynamics of the accident, crucial elements for dismantling or downplaying the charges. Furthermore, we immediately assess the possibility of accessing alternative plea procedures or probation, tools that can lead to the extinction of the offense and save the client's criminal record. The objective of lawyer Marco Bianucci is to ensure a defense that protects not only personal freedom but also the driving license, often indispensable for the client's work activities.

Frequently Asked Questions

What is the difference between the hit-and-run offense and failure to render assistance?

These are two distinct offenses provided for by art. 189 of the Highway Code. The hit-and-run offense (paragraph 6) punishes anyone who, in the event of an accident causing personal injury, does not stop, thus preventing their identification, and is punished with imprisonment from 6 months to 3 years. Failure to render assistance (paragraph 7) punishes anyone who does not provide the necessary assistance to injured persons, and it is a more serious offense punished with imprisonment from 1 to 3 years. Often, the two offenses are charged together but require specific defenses.

What am I risking if I didn't realize I hit someone?

For the offense to be constituted, intent is necessary, meaning the awareness of having caused an accident likely to cause personal injury. If the motorist did not realize the impact (for example, due to a slight contact between mirrors or adverse weather conditions), the psychological element of the offense is missing. In these cases, the criminal lawyer's task is to demonstrate the absence of intent to flee through technical and testimonial evidence.

Do I risk jail time for a hit-and-run accident?

Although the law provides for imprisonment, for first-time offenders, it is often possible to avoid actual jail time. Legal mechanisms such as the conditional suspension of the sentence or probation through social services exist, which, if granted by the judge, allow for the extinction of the offense after a period of public utility work and compensation for damages. The defense strategy aims precisely at obtaining the application of these favorable measures.

Will my license be permanently revoked?

The accessory administrative sanction is often the biggest concern. For the hit-and-run offense, the suspension of the license is provided for from 1 to 3 years, while for failure to render assistance, it is from 1 year and 6 months to 5 years. However, in specific and serious cases, the judge may order the revocation of the license. Timely legal intervention is essential to attempt to limit the duration of the suspension and oppose excessive precautionary measures by the Prefecture.

Request Urgent Legal Consultation

If you are under investigation for the hit-and-run offense or failure to render assistance, time is a determining factor. Do not make any statements without first consulting a lawyer. Contact lawyer Marco Bianucci for an immediate and confidential assessment of your case. The firm receives clients in Milan to prepare the best defense strategy to protect your freedom and your license.