Asheville Hit and Run Lawyer

Expert Hit and Run Attorney in Asheville, NC

Facing a charge for leaving the scene of an accident can have serious and immediate implications for your driver’s license, criminal record, and future. Edwards Law, PLLC has seasoned legal representation for drivers charged with hit and run throughout Asheville and Buncombe County. Whether the charges involve property damage only or a more serious accident, every hit and run case deserves help from an Asheville hit and run lawyer.

Doug Edwards is a North Carolina State Bar Board-Certified Specialist in State Criminal Law. He previously served as Buncombe County’s First Assistant District Attorney. Before focusing his practice on criminal defense law, Doug Edwards spent over a decade prosecuting violent crimes and serious criminal offenses throughout western North Carolina.

What Counts as Hit and Run in Buncombe County Under North Carolina Law (G.S. 20-166)

Hit and run laws in North Carolina are outlined under N.C. Gen Stat. § 20-166. The statute makes it illegal for anyone to operate a vehicle in North Carolina and leave the scene of an accident without complying with certain legal requirements. Importantly, G.S. 20-166 applies to any accident, including when a driver strikes another vehicle, hits a pedestrian or bicyclist, or damages property.

Under the law, a driver has a duty to stop their vehicle after being involved in an accident and exchange driver information with the other people involved. This law applies across Asheville and Buncombe County whether the accident happens on I-240, Patton Avenue, Merrimon Avenue, Tunnel Road, or any other street. In 2023 in North Carolina, hit and run incidents accounted for 20% of all bicycle and pedestrian collisions.

Misdemeanor vs. Felony Hit and Run in Buncombe County

Hit and run charges can be either a misdemeanor or a felony depending on the circumstances surrounding the crash. If someone was injured or killed as a result of the accident, prosecutors can seek felony penalties. When only property damage occurs, the offense may generally be charged as a misdemeanor. It’s critical to understand the difference between misdemeanor hit and run and felony hit and run charges.

Accidents that result in property damage only are typically charged as a Class 1 misdemeanor in North Carolina. While misdemeanors are not as serious as felonies, they can still carry considerable penalties. A conviction may expose you to fines, probation, the possibility of jail, and a criminal record. Misdemeanor hit and run charges are usually heard in Buncombe County District Court.

Felony hit and run charges are much more serious and involve allegations that the driver left the scene of an accident involving injury, serious bodily injury, or death. Depending on the accident and injuries, prosecutors could file Class H felony or Class F felony charges. These crimes carry much higher penalties, including the potential for a significant prison sentence. Felony charges are typically handled in Buncombe County Superior Court and require detailed investigation.

Penalties and License Consequences in Asheville, North Carolina

The criminal penalties for hit and run vary depending on the charge, your criminal record, and the facts of the accident. Defendants convicted of misdemeanor hit and run could face probation, fines, community service, or jail time. Felony hit and run convictions could lead to active state prison sentences. Every case is different, and numerous facts could impact your ability to negotiate with prosecutors or prevail at trial.

In addition to the penalties imposed by a judge or jury, a hit and run could also impact your driver’s license. The North Carolina Division of Motor Vehicles may revoke your license, place points on your license, or trigger higher insurance premiums. You could also face enhanced penalties for additional criminal behavior, such as if the accident also involved a DUI charge or other North Carolina traffic and driving offenses.

Driver’s license revocation can drastically alter your life. Many people living in and around Buncombe County rely on I-26, I-40, and I-240 to drive to work, school, doctor’s appointments, family events, and other necessary destinations. For many, protecting your driver’s license is just as important as combating the criminal charges. It’s important to contact an Asheville criminal defense attorney as soon as possible after being accused.

Common Defenses to a Hit and Run Charge in Buncombe County

Every hit and run case should be evaluated by an Asheville hit and run attorney. Like all criminal charges, prosecutors must prove their case beyond a reasonable doubt. A common defense in leaving-the-scene cases is that the driver had no knowledge of the accident. While not an excuse, some drivers may not realize they were involved in an accident. Low-speed collisions in parking lots or accidental bumps may go unnoticed by the driver.

Mistaken identity can also become an issue in hit and run cases. Often, police start their investigation with only partial license plate numbers, vehicle descriptions, traffic camera footage, or witness statements. Former Buncombe County prosecutor Doug Edwards can assess the investigation for holes and dispute unreliable identification testimony before it leads to a conviction.

It’s also possible to challenge whether the accident caused personal injury. Felony charges require proof that someone was injured or killed. If prosecutors cannot prove injury to a victim, the case may be reduced to a misdemeanor hit and run or resolved in a more favorable manner. Reviewing medical records, the police report, witness statements, and professional testimony can become an important component of your defense.

What to Do if You’re Accused of Hit and Run in Asheville – Should I Hire a Hit and Run Lawyer?

If you are contacted by police about leaving the scene of an accident, you should not speak with investigators without first speaking with an Asheville criminal defense attorney. Save any photos of the damage to your vehicle, dash camera footage if applicable, and contact information for witnesses. Time is of the essence in these cases. When you hire a hit and run lawyer, your attorney can gather evidence and investigate immediately.

Doug Edwards brings his experience as a former prosecutor and Buncombe County Assistant District Attorney, along with his recognition as a Board Certified Specialist in North Carolina State Criminal Law. Contact Edwards Law, PLLC now to schedule a free consultation to discuss your case and begin developing a solid defense.