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Leaving the Scene

Leaving the Scene of an Accident may be charged as a Class 2 Misdemeanor Traffic Offense (in cases where there is property damage only), a Class 1 Misdemeanor Traffic Offense (in cases where there is injury), a Class 5 Felony (in cases where there is serious bodily injury), or a Class 3 Felony (in cases where there is death).

Definition of Injury

According to the statute, “injury” means physical pain, illness, or any impairment of physical or mental condition; and “serious bodily injury” means injury that involves, either at the time of the actual injury or at a later time, a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.

Leaving the Scene of an Accident Involving Property Damage Only

A charge for Leaving the Scene of an Accident involving property damage only is a moderately serious charge. It is a Class 2 Misdemeanor Traffic Offense and a conviction may result in a scheduled fine plus court costs and surcharges, a possible jail sentence (usually only ordered in cases where there are aggravating factors, such as repeated violations or reckless indifference to the safety of others), restitution, community or useful public service, probation for one year or longer, and other possible requirements by the court, with an assessment of 12 points (and a suspension for up to 1 year) to the driver’s license. In some cases, Leaving the Scene may affect your automobile insurance coverage or premium rates for years to come.

Leaving the Scene of an Accident Involving Injury

A charge for Leaving the Scene of an Accident involving injury is a serious charge. It is a Class 1 Misdemeanor Traffic Offense and a conviction may result in a scheduled fine plus court costs and surcharges, a possible jail sentence of 10 days to 1 year, restitution, community or useful public service, probation for one year or longer, and other possible requirements by the court, with an assessment of 12 points (and a mandatory revocation for 1 year or longer) to the driver’s license. In some cases, Leaving the Scene may affect your automobile insurance coverage or premium rates for years to come.

Leaving the Scene of an Accident Involving Serious Bodily Injury or Death

A charge for Leaving the Scene of an Accident involving serious bodily injury or death is a felony charge and is very serious. Read more about Felonies.

Alert to All Drivers – Mandatory License Suspension

Important: A conviction for any 12-point violation will automatically result in a MANDATORY suspension of the driver’s license for up to 1 year, regardless of the person’s driving history.

Alert to All Drivers – Requirement for Payment of Restitution

Important: Colorado law provides that “any person convicted of a Class 1 or Class 2 Misdemeanor Traffic Offense — such as Leaving the Scene — shall be required to pay restitution” to the person who incurred damages as a result of the violation. See C.R.S. § 42-4-1701. Restitution is payment to the injured party in order to make that person whole again in such a position that the person was in before the incident, and includes payment for economic damages (e.g., property damage, medical bills, or lost wages) and non-economic damages (e.g., pain and suffering, disfigurement, or loss of enjoyment of life). Be sure that you fully understand the consequences of a conviction for the charge of Leaving the Scene.

Alert to All Drivers With Professional Licenses – Duty to Report, If Conviction

Important: Some licensed professionals — doctors, dentists, nurses, chiropractors, therapists, and attorneys, etc. — may be required under state regulations to report criminal misdemeanor convictions such as Leaving the Scene of an Accident to the appropriate governmental licensing agency.