Charged with a Hit and Run in Rhode Island?
Being accused of leaving the scene of an accident can be one of the most stressful experiences of your life, especially when you have never been in trouble with the law before. Rhode Island treats hit and run offenses seriously, and the consequences of a conviction can follow you for years — affecting your criminal record, driving privileges, employment, and finances.
The good news is that you do not have to face these charges alone. Our Rhode Island hit and run lawyers have handled cases like yours before, and we understand the strategies that can make a difference in the outcome. Whether the charge involves vehicle damage, personal injury, or a more serious allegation, we are available to help 24/7.
Call our RI hit and run defense attorneys today at 401-228-8271 for a free consultation.
How Much Time Can You Get for a Hit and Run in Rhode Island?
One of the most common questions people ask after being charged with leaving the scene is: how much time can you get for a hit and run? The answer depends on the severity of the accident. Rhode Island law establishes four tiers of penalties under R.I. Gen. Laws §§ 31-26-1, 31-26-2, and 31-26-4, each carrying escalating consequences.
Hit and Run Involving Vehicle Damage Only (§ 31-26-2)
When a hit and run involves damage to another attended vehicle but no injuries, the offense is classified as a misdemeanor under Rhode Island law. The penalties include:
- Imprisonment: Up to 6 months
- Fines: $500 to $1,000
- License suspension: Up to 6 months
Even though this is the least severe category of hit and run charges, a misdemeanor conviction still creates a criminal record that can affect future employment, housing applications, and insurance rates.
Hit and Run Involving Personal Injury (§ 31-26-1(b))
When someone is injured as a result of the accident and the driver leaves the scene, the charge elevates to a felony. The penalties for a first offense include:
- Imprisonment: Up to 5 years
- Fines: Up to $5,000
- License revocation: 1 to 5 years (mandatory)
A felony hit and run conviction in Rhode Island carries mandatory loss of driving privileges, meaning the court has no discretion to waive the license revocation.
Hit and Run Involving Serious Bodily Injury (§ 31-26-1(c))
If the victim suffers serious bodily injury — defined under Rhode Island law as a physical injury that creates a substantial risk of death, causes serious disfigurement, or results in protracted loss or impairment of any bodily function — the penalties increase substantially:
- Imprisonment: 1 to 10 years (mandatory minimum of 1 year)
- Fines: $1,000 to $5,000
- License revocation: Up to 2 years
For a second or subsequent conviction within five years, the penalties escalate to 2 to 15 years in prison, fines of $3,000 to $10,000, and license revocation for up to 4 years.
Hit and Run Resulting in Death (§ 31-26-1(d))
The most severe hit and run charge in Rhode Island applies when the accident results in the death of another person. For a first offense, the penalties include:
- Imprisonment: 2 to 15 years in state prison (mandatory minimum of 2 years)
- Fines: $5,000 to $10,000
- License revocation: 3 years
A second or subsequent conviction within five years carries 5 to 20 years in prison, fines of $10,000 to $20,000, and a 5-year license revocation.
Hit and Run Involving an Unattended Vehicle (§ 31-26-4)
If the accident involves a collision with an unattended or parked vehicle, the driver is required to attempt to locate the owner or leave a written note with their contact information. Failure to do so can result in a civil penalty of up to $500. This is not a criminal offense, but it can still lead to complications with insurance and civil liability.
What Is the Duty to Stop After an Accident in Rhode Island?
Rhode Island law requires every driver involved in an accident to stop, remain at the scene, and fulfill specific legal obligations before leaving. These duties are outlined in R.I. Gen. Laws § 31-26-3 and apply whether the accident involves another vehicle, a pedestrian, or a bicyclist.
After stopping, a driver must provide their name, address, vehicle registration number, and insurance information to the other parties involved. If any person has been injured, the driver is also required to render reasonable assistance — which may include calling 911 or transporting the injured person to a medical facility — and to notify the nearest law enforcement office by the quickest available means of communication.
Failure to comply with any of these requirements can form the basis of a hit and run charge, even if the driver stopped briefly but left before exchanging information or before police arrived.
Why Choose Marin & Murphy for Your Rhode Island Hit and Run Defense?
The Marin & Murphy Law Firm is dedicated to providing aggressive and personalized legal representation for individuals facing hit and run and leaving the scene charges in Rhode Island. These charges carry severe penalties, but our attorneys understand the complexities of these cases and are prepared to fight for the best possible outcome. When you choose us to represent you, our defense approach includes:
Thorough investigation of the charges. We analyze every detail of the accident, including police reports, witness statements, surveillance footage, and physical evidence, to uncover facts that may support your defense.
Scrutiny of the arrest and investigation process. We ensure that law enforcement followed proper procedures and that your constitutional rights were upheld. Improperly obtained evidence or procedural violations can lead to suppressed evidence or reduced charges.
Challenging the prosecution’s evidence. The State must prove that you knowingly left the scene of an accident. We identify weaknesses in the prosecution’s case and challenge unreliable or insufficient evidence.
Strategic defense planning tailored to your case. Every hit and run case involves unique circumstances. We develop defense strategies based on the specific facts — whether that involves questioning whether an accident actually occurred, whether you knew about the collision, or whether you were actually the driver.
Negotiation and trial readiness. We negotiate with prosecutors to pursue reduced charges or dismissal where the facts support it, while always maintaining full preparation to take your case to trial if necessary.
Clear communication throughout the process. We keep you informed at every stage of your case, explaining your options so you can make confident decisions about your defense.
FAQs About Rhode Island Hit and Run Charges
Can I be charged with a hit and run even if the accident wasn’t my fault?
Yes. Under Rhode Island law, every driver involved in an accident is required to stop and comply with the duties outlined in § 31-26-3, regardless of who caused the collision. Fault for the accident is a completely separate legal issue from the obligation to stop. Even if you bear no responsibility for the crash, leaving the scene without exchanging information or rendering aid can result in criminal hit and run charges.
Can I still be charged with a hit and run if the other vehicle was unattended?
If you collide with a parked or unattended vehicle, the charge is handled differently. Under R.I. Gen. Laws § 31-26-4, you are required to either locate the vehicle’s owner or leave a written note with your name and contact information in a visible location. Failure to do so results in a civil penalty of up to $500, not a criminal charge. However, if an attended vehicle or person is involved, the full criminal hit and run statutes apply.
What if I didn’t know I was in an accident?
Lack of knowledge can be a defense to a hit and run charge. Rhode Island’s leaving the scene statutes require that the driver knowingly left the scene of an accident. If you genuinely did not realize a collision occurred — for example, in a minor scrape at low speed — the prosecution must still prove that you were aware of the accident. While the State can still bring charges, they bear the burden of proving knowledge beyond a reasonable doubt.
My car was involved in a hit and run, but I wasn’t driving. Can they still charge me?
Yes, but the prosecution must prove that you were the person operating the vehicle at the time of the accident. The fact that your car was involved does not automatically mean you will be convicted. Our defense attorneys regularly challenge cases where the identity of the driver is in dispute, using evidence such as alibi witnesses, surveillance footage, and vehicle access records.
What happens if I was under the influence when I left the scene?
You could potentially face additional DUI charges on top of the hit and run charge. However, proving intoxication can be difficult for prosecutors if you were not apprehended at the scene, since DUI cases typically rely on breathalyzer, blood test, or field sobriety test results administered close in time to the driving. If you are facing combined hit and run and DUI allegations, our attorneys can evaluate the strength of each charge independently and develop a comprehensive defense strategy.
Can I still face a hit and run charge if I returned to the scene later?
Returning to the scene after initially leaving does not automatically eliminate the possibility of charges. However, it can be a significant mitigating factor that our attorneys may use in negotiations with the prosecution. Demonstrating that you voluntarily returned, cooperated with police, and provided your information can support arguments for reduced charges or a more favorable outcome.
Will a hit and run conviction affect my insurance?
A hit and run conviction can have major consequences for your auto insurance. Insurance companies view leaving the scene of an accident as a serious red flag, and a conviction will likely result in substantially increased premiums. In some cases, your insurer may cancel your policy entirely, making it difficult and expensive to obtain new coverage.
Are there defenses to hit and run charges in Rhode Island?
Yes. The available defenses depend on the specific facts of your case, but common defenses to hit and run charges include:
· No accident occurred. If the prosecution cannot prove that an actual collision took place, the charge fails.
· Lack of knowledge. If the driver did not know an accident occurred, the “knowingly” element of the offense is not met.
· Mistaken identity. If you were not the person driving the vehicle at the time, you cannot be convicted of leaving the scene.
· Emergency circumstances. In rare cases, leaving the scene may be justified if the driver was fleeing an immediate threat to their safety.
Our hit and run defense attorneys will review the facts of your case and identify the strongest available defense strategy. Call us today at 401-228-8271 to get started.
Rhode Island Hit and Run and Leaving the Scene Laws
- 31-26-1. Duty to stop in accidents resulting in personal injury.
(a) The driver of any vehicle knowingly involved in an accident resulting in injury, serious bodily injury, or death of another person shall immediately stop and remain at the scene until they have fulfilled the requirements of § 31-26-3.
(b) Failure to stop where the accident results in injury to any person: mandatory license revocation for 1 to 5 years, imprisonment for up to 5 years, and/or fines up to $5,000.
(c) Failure to stop where the accident results in serious bodily injury: imprisonment for 1 to 10 years, fines of $1,000 to $5,000, and license revocation for up to 2 years. Second or subsequent conviction within 5 years: 2 to 15 years imprisonment, fines of $3,000 to $10,000, and license revocation for up to 4 years.
(d) Failure to stop where the accident results in death: imprisonment for 2 to 15 years, fines of $5,000 to $10,000, and 3-year license revocation. Second or subsequent conviction within 5 years: 5 to 20 years imprisonment, fines of $10,000 to $20,000, and 5-year license revocation.
(e) This section applies in its entirety to any driver involved in an accident with a bicyclist.
- 31-26-2. Duty to stop in accidents resulting in damage to a vehicle.
The driver of any vehicle knowingly involved in an accident resulting in damage to another attended vehicle must stop and remain at the scene until they have fulfilled the requirements of § 31-26-3. Failure to do so is a misdemeanor, punishable by a fine of $500 to $1,000, imprisonment for up to 6 months, and/or license suspension for up to 6 months.
- 31-26-4. Duty on collision with an unattended vehicle.
If a vehicle collides with an unattended vehicle, the driver must attempt to locate the owner or leave a note with their contact information. Failure to do so can result in a civil penalty of up to $500.
Should I Hire a Rhode Island Hit and Run Lawyer?
The penalties for a hit and run conviction in Rhode Island — ranging from fines and license suspension to years in prison — can fundamentally alter your life. A conviction creates a permanent criminal record, and in felony cases, the consequences extend to employment opportunities, professional licensing, and civil liability to the injured parties.
Hiring an experienced Rhode Island hit-and-run attorney gives your case the strongest chance at a favorable outcome. At Marin & Murphy Law Firm, we have the courtroom experience and legal knowledge to challenge the prosecution’s evidence, protect your rights, and fight for reduced or dismissed charges.
Don’t leave your freedom and future to chance. Contact our team today at 401-228-8271. We are available 24/7.
