My client rear-ended another car who had recklessly stopped to turn left on a street that did NOT allow for a left hand turn.  No one was injured and the damage to both cars was so minor that the insurance company denied any damages.  However, there was lots of traffic and both driver’s needed to go to there destination right away.  Thus my client exchanged his phone numbers with the other driver and they both exchanged license plate numbers.  Later, the other driver reported the accident to the police department and my client was charged with “Leaving the Scene of an Accident” or as it is commonly referred to: “Hit and Run”.

The law in C.R.S. 42-4-1603, says that in an accident involving damages or injuries, the driver MUST provide (1) the driver’s name; (2) the driver’s address; and (3) the plate number (registration number).  As well, if requested by the other driver, occupant, or person struck, (4) provide their driver”s license number.

The law also requires the driver to be a good Samaritan and render “reasonable assistance” including taking the person to the hospital or calling an ambulance if necessary or if requested by the injured party.

There is nothing in the statute about having to provide proof of insurance.

This offense is a twelve (12) point offense and will cause your driver’s license to become suspended if convicted.

If a person has been charged with leaving the scene of an accident the standard plea bargain offer is to reduce the charge to Reckless Driving which is an eight (8) point offense.

In my client’s case, he provided his phone number and plate number but only provided his first name.  There was also a communication problem with missed calls and messages.

We are set for trial in the morning.  Technically we should win.  But, do we risk losing his license for up to a year?

Grandma, 69, jailed for 4 days on ‘failure to appear’ charge

Click Here to read the entire article and watch the Fox 31 video

This is something I’ve never seen in my entire experience where they arrest someone who was supposed to be just a witness,” said Miles Cabral, who is also Guzman’s nephew.   Cabral said Guzman should never have been arrested and jailed and that she should have had an opportunity to post bond before Tuesday.   “So she was arrested, stayed in jail all weekend without a bond,” he said. “It’s as if they treated her like she was a murderer.” 

The Denver District Attorney’s office said Guzman had been treated like most other witnesses who fail to heed a legal order and that the “no bond hold” she was placed under was not unusual.

“She set into motion the series of events that led her into jail basically,” said Lynn Kimbrough, the D.A.’s spokesperson.