Hit and Run Accident Charges in Toledo
What to do if charged with a hit and run in Toledo.
What Happens After a Hit-and-Run Misdemeanor in Toledo?
Being involved in a car accident can be stressful—but leaving the scene without exchanging information or contacting police can make things much worse. In Ohio, a hit-and-run is more formally known as “Leaving the Scene of an Accident” or "Failure to Stop After an Accident", and depending on the circumstances, it can be charged as a misdemeanor or a felony.
If you’ve been charged with a hit-and-run misdemeanor in Toledo or Lucas County, you’re likely worried about jail time, a license suspension, and how this will affect your record. At Brian C. Morrissey, Attorney at Law, we’re here to explain your options, protect your rights, and help you fight the charge.
What Is Considered a Hit-and-Run in Ohio?
Under Ohio Revised Code § 4549.02, drivers are required to:
· Stop immediately after an accident;
· Remain at the scene;
· Provide their name, address, and vehicle registration;
· Show a driver’s license upon request;
· And, if the other driver isn’t present (e.g., parked car), leave a written note with contact information and notify the police.
If a person at the scene is unconscious or cannot comprehend the information due to injury, it is the responsibility of the driver of the car to notify police and give them the information required above.
Failure to do any of the above may result in a criminal charge—even if the damage was minor or no one was hurt.
When Is a Hit-and-Run a Misdemeanor?
Most first-time hit-and-run offenses involving only property damage (no injuries or fatalities) are charged as misdemeanors, particularly if the accident involved:
· A parked vehicle;
· A mailbox, signpost, or fence;
· A minor collision with no reported injuries;
· Private property, like a parking lot.
If you left the scene of such an accident in Toledo, Maumee, Oregon, or anywhere in Lucas County, you may be facing a first-degree misdemeanor, punishable by:
· Up to 180 days in jail
· A fine of up to $1,000
· Six points on your driver’s license
· Potential license suspension by the BMV
When Does a Hit-and-Run Become a Felony?
If the accident involved injuries or death, or if you have a prior hit-and-run conviction, the charge can escalate to a felony. Felony hit-and-run charges can carry prison time, thousands of dollars in fines, and long-term license suspensions.
Even in misdemeanor cases, the stakes are high and prosecutors may take an aggressive stance, especially if you fled the scene of an accident with another driver involved.
What Should You Do If You Left the Scene?
If you left the scene of an accident—intentionally or unintentionally—it’s essential to act quickly and strategically to protect yourself.
✅ Step 1: Don’t Speak to Police Without a Lawyer
Officers may call, send you a letter, or visit your home. Do not admit to anything, even if they seem to already “know what happened.” Politely say:
“I would like to speak with my attorney before answering any questions.”
You have the right to remain silent, and the right to an attorney. These are rights that are incredibly important in this situation. Police cannot force you to answer any questions, and they certainly cannot force you to admit to something without an attorney present.
✅ Step 2: Contact a Criminal Defense Attorney Immediately
An experienced attorney can assess the situation, communicate with law enforcement on your behalf, and potentially avoid charges or mitigate the damage.
✅ Step 3: Don’t Ignore the Problem
Trying to “lay low” or avoid dealing with the issue could lead to:
· An arrest warrant;
· A license suspension;
· Harsher penalties if you’re later caught.
You may receive a ticket, and you will need to show up for court. Issues like this will not go away.
Possible Defenses to a Hit-and-Run Charge
Just because you were accused doesn’t mean you’re guilty. Several defenses may apply, including:
🔹 Lack of Knowledge
You weren’t aware that an accident occurred—this can happen in low-speed or minor contact situations.
🔹 No Damage or Contact
You were mistakenly identified, or there was no actual damage or collision.
🔹 Emergency Situation
You left the scene because you feared for your safety or were experiencing a medical emergency.
🔹 Mistaken Identity
Another driver or witness may have misidentified your vehicle.
Your defense depends on the facts of the case, police reports, surveillance footage, and witness statements. We conduct a thorough review of all evidence and challenge weak or inconsistent claims.
Will This Go on My Criminal Record?
Yes. A misdemeanor hit-and-run is a criminal offense, not a civil infraction or simple traffic violation. A conviction can result in:
· A permanent public record;
· Difficulties with employment or background checks;
· Insurance problems or policy cancellations;
· Points that could lead to a license suspension.
However, if this is your first offense and no injuries occurred, we may be able to:
· Negotiate a plea to a lesser offense (such as failure to report an immediate accident report);
· Pursue diversion programs (where available);
· Avoid a criminal conviction altogether.
How We Help at Brian C. Morrissey, Attorney at Law
We represent drivers charged with hit-and-run and related traffic misdemeanors in Toledo Municipal Court, Sylvania, Maumee, Oregon, and all of Lucas County.
We will:
· Investigate the facts and evidence;
· Communicate with police and prosecutors on your behalf;
· Negotiate to reduce or dismiss charges;
· Work to preserve your license and driving record;
· Protect your future and keep your record clean whenever possible.
Call Today for a Confidential Consultation
If you've been charged with or are being investigated for a misdemeanor hit-and-run in Toledo or Lucas County, don’t wait to get legal help.
📞 Call Brian C. Morrissey, Attorney at Law at (419) 830-7441
🌐 Visit www.brianmorrisseylaw.com
📧 Email: brian@brianmorrisseylaw.com
Take the first step toward resolving your case and protecting your record.
