Hit and Run Defense

Being accused of hit and run in Missouri, formally called leaving the scene of an accident, can reshape your life in a single afternoon. A conviction can bring jail, a felony record in serious cases, a revoked license, and long term employment and insurance problems. At Scrivner Law Firm, former Stone County prosecutor Dayrell Scrivner draws on years inside local courtrooms to defend people in Taney, Stone, and Christian Counties. These cases often turn on split second perceptions, what the driver reasonably knew, and whether the State can prove more than a checklist of elements.

The Charge in Missouri

The Core Statute

Missouri Revised Statutes section 577.060 governs leaving the scene of a motor vehicle accident. The law requires a driver who is involved in an accident that causes injury, death, or damage to another person’s property to stop and give specific information to the injured person, the property owner, or a responding officer.

Required Information

The statute lists the information you must provide. That includes your name, your residence including city and street number, your vehicle registration number, and your driver’s license number. If someone is hurt, the law expects reasonable assistance, which can include calling for help.

When Reporting Is Allowed

If no officer is present and you cannot exchange information at the scene, the law recognizes compliance through a prompt report to the nearest law enforcement agency. The timing and completeness of that report often decide whether a case is charged as a crime or resolved with a warning.

Penalties and Collateral Risks

Failure to take the steps the statute requires is a criminal offense. The baseline version is a Class A misdemeanor. The charge can be filed as a Class E felony when someone suffers physical injury, when the property damage meets the statutory threshold, or when the driver has a prior conviction for leaving the scene. If a death results from the accident, the offense can be charged as a Class D felony. The difference between a misdemeanor and a felony is significant because it affects the potential sentence and the long term impact on your record.

A misdemeanor conviction can bring up to one year in the county jail, probation, fines, restitution, and court costs. A felony conviction can bring state prison time, longer probation terms, and lasting collateral consequences that follow you when you apply for jobs, housing, or professional licenses. A felony record can also restrict civil rights and travel opportunities. Courts consider prior history, the nature of any injuries, restitution, insurance, and your conduct after the event when fashioning a sentence.

There is a separate administrative layer through the Missouri Department of Revenue. A conviction under state law for leaving the scene typically results in a twelve point assessment on your driving record. A conviction under a municipal ordinance commonly results in six points. Twelve points in twelve months can trigger a one year revocation. Eight points in eighteen months can lead to a suspension. Even after a revocation ends, reinstatement can require proof of insurance and other compliance steps. A good defense plan addresses both the criminal case and the point consequences, since a win in one arena does not automatically fix the other.

Insurance and civil liability often run alongside the criminal case. Carriers may question coverage when a driver leaves the scene, and civil claims can follow once injuries or property loss are alleged. Coordinating the criminal defense with insurance communications protects you on all fronts, helps avoid statements that can be misused, and positions you to resolve restitution and coverage issues in a way that supports the best outcome in court.

What The State Must Prove

The Elements

Every leaving the scene case rises or falls on four core questions. Was there an accident that counts under the statute. Was the accused the driver. Did the accused know an accident occurred. Did the accused fail to provide the required identifying information or fail to promptly report to the nearest law enforcement agency when no officer was present.

Accident Must Mean Injury or Damage

Missouri courts explain that for this statute the word accident requires personal injury or property damage. That matters when impact is minor or when photos show little or no visible damage. If there is no injury and no damage, the law is not triggered even if drivers were upset or there was a near miss.

Knowledge Is Often the Battleground

The State must prove that the driver knew an accident had occurred. Prosecutors may ask jurors to infer knowledge from the circumstances, but those inferences must match what a reasonable person in the driver’s position would have perceived at that moment. Night driving, heavy rain, loud music, road noise, or a glancing contact at bumper height can create reasonable doubt about what the driver actually knew.

Identity of the Driver

Because many arrests do not occur at the scene, identity can be the weakest link. Partial plate numbers, vague descriptions, or assumptions about who was behind the wheel of a registered vehicle can be unreliable. A defense that documents who had access to the car, where you were at the time, and what any video truly shows can defeat the State’s case.

Prompt Reporting and Compliance

The statute allows compliance by promptly reporting to the nearest law enforcement agency when no officer is present. What counts as prompt depends on distance, injuries, access to a phone, and other real world factors. The content of the report matters too. A best practice report includes your name, residence, registration number, and driver’s license number.

Multiple Impacts and Multiple Counts

In complex sequences, more than one impact can occur. Missouri appellate decisions recognize that separate impacts can support separate counts in the right factual setting. Whether the State has charged fairly or stacked counts from one continuous episode is a fact specific inquiry your lawyer should press early.

How Scrivner Law Firm Builds a Defense

Step One: Preserve Evidence

We secure vehicle photographs, dashcam files, and any telematics or crash data that your make and model records. We move quickly to obtain surveillance video from businesses and homes near the scene. Doorbell cameras often capture angles that police never see. We canvas for independent witnesses and preserve their observations while memories are still fresh.

Step Two: Reconstruct the Moment

We rebuild the driver’s experience using lighting, traffic, and road conditions. We visit the scene at the same time of day. We document sight lines, mirror positions, window tint, and blind spots. We compare the feel of a pothole or expansion joint to a glancing bumper tap so a judge or jury can understand what a reasonable driver would have perceived.

Step Three: Analyze the Crash Report

We examine the Missouri Uniform Crash Report, diagrams, and photos. We compare the narrative to the physical evidence. If the claimed damage does not match the height, angle, or path of travel, we retain a collision expert to explain why the State’s story is not physically plausible.

Step Four: Test Identity

We gather time stamped records from employers, digital photos, and alarms. We evaluate smartphone location data and vehicle infotainment logs when available. We document who had keys and regular access to the car. When identity becomes uncertain, the State’s case weakens quickly.

Step Five: Use the Reporting Provision

When no officer is present, a prompt report to the nearest law enforcement agency can establish compliance. We help clients make that report correctly and document what was given. If a dispatcher or officer failed to record your identifying information despite your effort to provide it, we preserve that proof.

Step Six: Mitigation and Outcome Design

Even when the State can establish the basic elements, success can mean avoiding jail, protecting your record, and preventing a license catastrophe. We gather proof of insurance, prompt restitution, repair documentation, medical updates, and character materials to position you for the best outcome allowed by law.

Practical Guidance If You Already Left the Scene

What To Do Today

Stop making calls to the other driver or their insurer. Preserve what you can immediately. Photograph your vehicle from every angle, including close ups of any pre-existing marks. Save dashcam files and phone photos to a separate location. Write down the names and numbers of anyone who was with you or spoke with you afterward. Gather your registration and proof of insurance.

How We Step In

Call Scrivner Law Firm. We can communicate with law enforcement for you, arrange a controlled interview if that serves your interests, and ensure that any report you file includes the information the statute requires. If the State cannot prove the elements, we will press for dismissal. If an amended charge with fewer points is realistic, we will pursue it. If trial is the best path, we will be ready.

Start Your Defense Today

Accusations of leaving the scene move fast. Surveillance video is overwritten, vehicles are repaired, and memories fade. Early intervention can make the difference between a felony, a misdemeanor, or a dismissal. Call Scrivner Law Firm or use the contact form to schedule a confidential consultation. We represent clients throughout Taney, Stone, and Christian Counties. You will receive clear advice, an honest assessment, and a defense plan designed to protect your future.