Fairfax Hit and Run Defense Attorney
Quick answer: Under Virginia Code § 46.2-894, a driver involved in an accident that injures or kills someone, or damages an attended vehicle or other attended property, must stop immediately, give their identifying information, and help anyone injured. Leaving is a Class 5 felony if anyone is hurt or killed, or if property damage exceeds $1,000; it is a Class 1 misdemeanor if damage is $1,000 or less. The Commonwealth must prove the driver knew harm had been done. Attorney Sheryl Shane has more than 31 years of criminal defense experience. Call (703) 582-8119.
What the Law Requires
The duties are affirmative — the law requires you to act, not just refrain from fleeing. A driver involved in a qualifying accident must:
- Stop immediately, as close to the scene as possible without obstructing traffic
- Report their name, address, driver’s license number, and vehicle registration number to law enforcement and to the people involved — the person struck, the other driver or an occupant, or the custodian of the damaged property. Whether giving the information to just one of them is enough is an unsettled question; the safe course is to give it to both.
- Render reasonable assistance to anyone injured, including taking them for medical treatment if it’s apparent treatment is needed or they ask
If the driver’s own injuries prevent them from complying, they must make the report as soon as reasonably possible and make a reasonable effort to locate the other people involved.
Felony or Misdemeanor
A violation is a Class 5 felony if the accident results in injury to or death of any person, or more than $1,000 in property damage. It is a Class 1 misdemeanor if property damage is $1,000 or less.
This statute covers attended vehicles and property. The extent of damage or the number of people hurt isn’t itself an element — the offense is the flight from the scene and the failure to give the required information or help.
Hit and run is often charged alongside a DUI from the same night, particularly when police locate the driver later. If you’re facing both, my Fairfax DUI defense page covers the DUI side.
Knowledge: the Element These Cases Turn On
The driver must be aware that harm has been done. It has to be present in the driver’s mind that there has been an injury or damage — and then, with that in mind, the driver deliberately leaves without identifying themselves.
That element wins cases. A conviction was reversed where a minor collision left only a small, barely noticeable crack in a rear light, because the driver could not have known someone was injured. Another was reversed where the other driver got out, walked over, and asked about the defendant’s well-being — nothing about that put the defendant on notice that anyone was hurt.
Knowledge is often proven circumstantially, from the force of the impact, the damage, and what the driver did afterward. That’s exactly why it’s worth examining closely.
Were You Actually “Involved”?
Virginia requires either physical contact between your vehicle and another vehicle, person, or object — or that you were a proximate cause of the accident. In one case the Supreme Court of Virginia reversed a conviction where the defendant’s car never touched anything and he didn’t cause the crash.
The outer edge runs the other way, too: a driver who chased another car at high speed was held to be a cause of the resulting crash, and guilty of felony hit and run, without any contact at all.
Two Rules People Get Wrong
“They know me” doesn’t excuse the duty. Virginia courts have repeatedly held that the statutory duties apply even when the other driver or the property owner knows exactly who you are. You still have to give the information, and you have to identify yourself as the driver.
“Immediately” means immediately. Driving 200 to 300 feet home and parking in your own driveway was held not to be an immediate stop. So was passing parking lots where the driver could have pulled over, and stopping briefly to check the damage before driving on.
The $1,000 Line
Because $1,000 separates the felony from the misdemeanor in property cases, the damage figure is an element the Commonwealth must prove with evidence — not an estimate. Convictions have been reversed where the valuation rested on speculation, with the case sent back for the misdemeanor. Courts look to the reasonable cost of repair.
Where the repair figure is soft, that fight matters twice over, as the license section below explains.
One Accident, One Conviction
A 2026 decision settled the unit of prosecution: one accident produces one hit and run conviction, even where a single collision injured one person and damaged six vehicles. Different harms to different victims don’t multiply the charge. Separate charges are possible only where there were genuinely separate accidents.
What Happens to Your License
For hit and run involving injury or death, the DMV is required to revoke the license for one year under § 46.2-389 once it receives the conviction record. Hit and run with more than $1,000 in property damage is a felony under the motor vehicle laws, so it triggers the same revocation. Hit and run with $1,000 or less in property damage does not.
So the $1,000 valuation fight can decide not just felony or misdemeanor, but whether you keep your license. The felony-level convictions also stay on the driving record for eleven years, and a later pardon does not restore a license revoked this way.
Beyond the Courtroom
A hit and run conviction can have serious immigration consequences. In one case, a Virginia court granted relief to a defendant whose lawyer hadn’t advised him about the immigration effect of a hit and run plea, when keeping his status was his stated priority. For clearance holders and licensed professionals, a felony conviction is a reportable event. These questions belong at the start of the case, not the end. And unlike DUI, hit and run isn’t among the offenses Virginia’s sealing law bars outright, but sealing takes a separate petition many years later, so it’s no reason to accept a conviction now.
Frequently Asked Questions
What if I didn’t realize I had hit anything?
That can be a complete defense. Knowledge is an element — the Commonwealth must prove you were aware harm had been done. Convictions have been reversed where the damage was minor enough that a driver wouldn’t have known. It’s usually proven circumstantially, so the details of the impact matter.
The other driver knew me. Did I still have to stop and give my information?
Yes. Virginia courts have held that knowing each other doesn’t excuse the duty. You still have to provide your name, address, license number, and registration, and identify yourself as the driver.
How far can I go before stopping?
Not far. The law requires stopping immediately, as close to the scene as possible without obstructing traffic. Driving a short distance home, or passing places where you could have stopped safely, has been held to violate the statute.
Is it a felony if nobody was hurt?
It can be. If property damage is more than $1,000, it’s a Class 5 felony even with no injuries. At $1,000 or less, it’s a misdemeanor — which is why the damage figure is often worth contesting.
Will I lose my license for hit and run?
For hit and run involving injury, death, or more than $1,000 in damage, the DMV is required to revoke your license for one year after conviction. For damage of $1,000 or less, that revocation does not apply.
This page is part of a broader cluster: for the full picture, see my DUI and driving offenses overview.
About the Attorney: Sheryl Shane
Sheryl Shane is a Virginia criminal defense attorney with more than 31 years of criminal defense experience, defending clients throughout Northern Virginia since 2000 in Fairfax, Arlington, Prince William, Loudoun, and Alexandria. A former arbitration judge and Guardian ad Litem, she maintains a deliberately small practice and personally handles every case she takes — from the first consultation through final resolution. Her office is located just minutes from the Fairfax County Courthouse.
This page was written and reviewed by Attorney Sheryl Shane and reflects Virginia law current through the 2026 Special Session I. This is attorney advertising; past results do not guarantee a similar outcome in any future case.
Contact Sheryl Shane
Sheryl Shane
Virginia Criminal Attorney
Office Address
4015 Chain Bridge Road
Fairfax, VA 22030
Phone
(703) 582-8119
Serving clients throughout Fairfax County, Arlington County, Loudoun County, Prince William County, Alexandria, and Northern Virginia.
This page provides general information about Virginia law and is not legal advice for any specific situation. Reading it, or contacting Virginia Criminal Attorney through this website, does not create an attorney-client relationship, and information sent before a formal engagement is established may not be treated as privileged or confidential.