Several charges, several questions
New York treats leaving the scene of an incident involving personal injury as a crime, and the level rises with the severity of the injury. When impairment is also alleged, prosecutors may bring an impaired-driving charge, a vehicular assault charge if the injury was serious, or both. Leaving does not reduce the exposure; it adds a separate offense to whatever else is charged. When a driver is located later, prosecutors often rely on witnesses, receipts, video, and the driver's own statements to establish impairment at the time of driving. How the injury is described in medical records can change as treatment continues, and the charges may change with it.
Before speaking with police
If police want to talk with you, contact a lawyer first; you are not required to give a statement, and a lawyer can arrange a voluntary surrender if a warrant is expected. Do not repair, wash, sell, or hide the vehicle, because altering it can lead to separate charges and can be seen as an effort to conceal evidence. Keep your phone and its contents as they are. Do not reach out to the injured person or the family, and do not ask friends to do it for you. Notify your insurer as your policy requires, but let your lawyer guide what you say.
What we decide early
In a first consultation we look at what police already know, whether charges have been filed, and whether a surrender should be arranged. We discuss likely release conditions, which in an injury case may include an order of protection and limits on driving. We start preserving evidence that may help you, such as video from the route or records showing your movements that evening. We also explain the civil side, since the injured person will likely bring a claim against your insurance, and how that process interacts with the criminal case.
