Leaving the Scene of an Accident

Boston Criminal Traffic Violation Attorney Committed to Defending Your Rights and Driving Privileges

If you’re accused of leaving the scene of an accident in Massachusetts, you’re facing more than a traffic citation—you’re facing criminal charges that could lead to jail time, license suspension, and a criminal record. Even if no one was hurt and the damage was minor, Massachusetts law treats failure to stop and report as a serious offense. Whether the incident happened in a parking lot, on a quiet side street, or during a moment of panic, you still have options. The Law Office of Patrick J. Murphy has defended Boston drivers in these situations for over 27 years. As a seasoned Boston traffic ticket attorney, Attorney Murphy understands how to navigate these cases and fight to protect your future.

The Two Types of Hit and Run Charges: Property Damage vs. Personal Injury

Massachusetts General Laws Chapter 90, Section 24 separates “leaving the scene” charges into two categories, each with distinct penalties:

1. Leaving the Scene of an Accident Involving Property Damage
This charge applies if you were involved in an accident that damaged another vehicle or object—such as a mailbox, fence, or parked car—and failed to stop and provide your name, address, and registration. Even a low-speed bump in a parking lot can lead to charges if you drive off without reporting it.

2. Leaving the Scene of an Accident Involving Personal Injury
This is the more serious version of the charge. If someone was injured—even slightly—and you’re accused of leaving without identifying yourself or calling for help, the penalties increase substantially. The law does not require serious injury; the fact that someone claims to be hurt is often enough to bring this charge.

Penalties for Fleeing the Scene of an Accident in Massachusetts

Conviction for leaving the scene can result in:

• Fines ranging from hundreds to thousands of dollars
• Jail time—up to 2 years for property damage, up to 10 years for injury cases
• Mandatory driver’s license suspension
• Increased insurance premiums and surcharges
• Permanent criminal record

These consequences apply even for drivers with no prior record—especially if the case involves alleged injury or alcohol use. However, even if the charges against you involve property damage only, a conviction can still upend your life.

Why People Leave—and Why It Matters

Many people charged with these crimes didn’t intend to break the law. More often than not, people leave the scene for what, at the time, feels like a valid reason. For example, common explanations include:

• Not realizing any damage occurred
• Feeling unsafe at the scene
• Experiencing panic or confusion during a high-stress moment
• Uncertainty about how to report minor incidents
• Fear of consequences due to prior tickets or immigration concerns

While the law imposes strict obligations on drivers, intent and context still matter. These facts can form the basis of a strong defense when handled by an experienced Boston traffic ticket lawyer. Remember, you may not be stuck with the crimes that were initially filed; the prosecution may be open to pursuing much less serious traffic offenses for those motorists with compelling defenses.

How These Cases Are Investigated and Prosecuted

Police often build hit-and-run cases using:

• Surveillance footage or dashboard cameras
• Witness statements
• Physical evidence linking your vehicle to the scene (e.g., paint transfer, damage)
• License plate numbers provided by bystanders
• Reports made by the alleged victim or property owner

In some cases, a few scratches on your bumper and a vague accusation are all it takes to trigger charges. Attorney Murphy reviews every detail—including police reports, time gaps, and potential misidentifications—to determine the best possible defense given your particular situation.

Pretrial Hearings: A Chance to Stop the Case Early

If you’re not arrested but instead receive a criminal citation, you may have the right to a clerk magistrate’s hearing (also called a “show cause” hearing). This is a valuable opportunity to resolve the case without a formal criminal charge being issued. Attorney Murphy frequently represents clients at these hearings and often succeeds in having the matter dismissed before it reaches a judge.

Defending Against a Leaving the Scene Charge

Several defenses and strategies may apply, including:

• Lack of knowledge – If you genuinely didn’t realize an impact occurred, the case may lack the required intent.
• Inaccurate identification – Witnesses or surveillance may have identified the wrong car or driver.
• Voluntary reporting – If you came forward or cooperated shortly after the incident, the court may view your actions more favorably.
• Lack of damage or injury – If no damage or injury can be verified, the case may not support a criminal charge.

Attorney Murphy tailors each defense to the facts of your case and often negotiates for reduced charges or alternative resolutions that preserve your record and driver’s license.

Know What to Expect: FAQs About Leaving the Scene in Massachusetts

Can I be charged if no one saw me leave?
Yes. Police can pursue charges based on indirect evidence, including damage patterns, surveillance, or later reports tying your vehicle to the scene.

Will I lose my license?
Almost certainly—at least temporarily. The RMV imposes mandatory suspensions for both property damage and personal injury convictions.

Should I talk to police if they contact me?
No. Politely decline to answer questions and contact an attorney immediately. Statements you make can and will be used against you.

Can I fix this before it becomes a criminal record?
Possibly. If you’re eligible for a clerk’s hearing or it’s your first offense, there may be a chance to resolve the case without a formal complaint.

Turn a Tough Situation into a Manageable One

Being accused of leaving the scene doesn’t make you a criminal—but handling the case without legal help can lead to very real consequences. With the right approach, many of these charges can be resolved without jail time, license loss, or a record. Call the Law Office of Patrick J. Murphy today at (617) 367-0450 to speak with a Boston traffic ticket attorney who can step in early, defend your rights, and work toward the outcome you need.