Frank Mascagni IIICriminal Defense AttorneyLouisville, KYKY licensed ·
I don't practice in NC, but in KY you have 2 separate issues: Criminal Court and Civil aspects of the auto accident. The 2 KY ststutes are set out below. You need to consult with a competent attorney in your area to represent you on the criminal charges and on the civil auto accident. Hve you attorney contact the insurance company on your behalf, if he/she thinks that is desirable.
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§ 189.290. Operator of vehicle to drive carefully.
Kentucky Revised Statutes
Title 16. MOTOR VEHICLES
Chapter 189. TRAFFIC REGULATIONS - VEHICLE EQUIPMENT AND STORAGE
Current through 2011 Legislative Session
§ 189.290. Operator of vehicle to drive carefully
(1) The operator of any vehicle upon a highway shall operate the vehicle in a careful manner, with regard for the safety and convenience of pedestrians and other vehicles upon the highway.
(2) No person shall willfully operate any vehicle on any highway in such a manner as to injure the highway.
History. Effective: October 1, 1942
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2739g-33, 2739g-35
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§ 189.580. Duty in case of accident - Movement of vehicle from roadway after accident - Removal of vehicles obstructing roadway - Exemptions - Costs of removal recoverable.
Kentucky Revised Statutes
Title 16. MOTOR VEHICLES
Chapter 189. TRAFFIC REGULATIONS - VEHICLE EQUIPMENT AND STORAG
Current through 2011 Legislative Session
§ 189.580. Duty in case of accident - Movement of vehicle from roadway after accident - Removal of vehicles obstructing roadway - Exemptions - Costs of removal recoverable
(1) (a) The operator of any vehicle, whose vehicle, vehicle load, or vehicle equipment which is involved in an accident resulting in injury to or death of any person or resulting only in damage to a vehicle or other property which is driven or attended by any person, shall immediately stop and ascertain the extent of the injury or damage and render reasonable assistance, including the carrying, or making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person. The operator or person having or assuming authority of the operator, or ownership of the vehicle, shall give the occupant of the vehicle, or person struck, if requested, the registration number of the vehicle, if any, and also the names and addresses of the owner, the occupants, and operator. The total names need not exceed five (5) in number.
(b) If an accident that occurs on an interstate highway or parkway or any on-ramp or off-ramp thereto does not involve death, known or visible injury, or the transportation of hazardous material, the operator shall move the vehicle off the roadway to a place as close to the accident scene as practicable without obstructing traffic as soon as the vehicle can be moved without the risk of further injury or damage. The operator or person having or assuming authority of the operator, or ownership of the vehicle, shall give any other person involved in the accident, if requested, the registration number of the vehicle, if any, and also the names and addresses of the owner, the occupants, and the operator of his or her vehicle, and insurance information for the vehicle.
(2) The operator of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to such other vehicle or property shall immediately stop as close to the accident scene as possible without obstructing traffic and shall then and there either locate and notify the operator or owner of such vehicle or other property of his or her name, address, and the r
Hit and run is a misdemeanor and reckless driving is a serious traffic infraction. Please hire a lawyer or ask for a court appointed counsel at your next court date. Your past criminal record will determine your sentence if you plead guilty or are found guilty. You may also be facing a license suspension and will be assessed many license points and insurance points too.
You should consult with a local attorney in Charlotte that can represent you in court and negotiate a favorable solution for you. I can point you to the North Carolina statutes dealing with reckless driving (section 20-140) and hit and run (section 20-166), but you really need to consult with a local attorney who can try to work out the best possible outcome (particularly considering there was an accident and you may have civil liability as well).
The North Carolina statutes can be found at http://www.ncga.state.nc.us/gascripts/statutes/statutes.asp (also linked below).
Best of luck to you.